What is a large holder in Catalonia? Differences between the fiscal concept and the housing concept

In this article, as specialists in notarial real estate and contractual services, we will analyse the main differences between the concept of major holder in housing matters and the concept of major holder for tax purposes, an essential issue to understand when certain administrative obligations, rights of first refusal and withdrawal, or even the new 20% tax rate on the Property Transfer Tax can be applied.

One of the main sources of legal uncertainty is that there is currently no single definition to determine what constitutes a large holder in Catalonia.

In fact, the same person may be considered a large holder for housing purposes and not for tax purposes. Similarly, a real estate transaction may be subject to certain obligations arising from housing regulations and, however, not be subject to the tax regime established for large holders.

This situation has generated numerous doubts among owners, investors, holding companies, real estate developers, and professionals in the sector.

Precisely to try to resolve these issues, the Direcció General de Tributs, the Agència de l'Habitatge de Catalunya, and the Col·legi Notarial de Catalunya prepared the «Joint report of the Direcció General de Tributs and Joc and the Agència de l'Habitatge to respond to the queries raised by the Col·legi Notarial de Catalunya regarding the concept of large holder», a document that currently constitutes a fundamental reference for interpreting this matter.

When a person seeks to find out what a large holder is in Catalunya, they often come across seemingly contradictory definitions. This happens because the different regulations pursue different objectives.

While the housing regulations aim to facilitate access to housing and protect certain vulnerable groups, the tax regulations seek to discourage the accumulation of residential housing through the application of enhanced taxation in certain cases.

This difference is not merely theoretical.

An owner who possesses properties spread across different autonomous communities could be considered a large holder according to housing regulations and, however, not have that status for tax purposes in Catalonia.

Similarly, certain properties may count for one regulation and be excluded for the other.

Therefore, when analysing a real estate transaction, it is essential to first determine which regulation should be applied.

Incorrectly determining the status of a major holder can lead to significant consequences.

Among other issues, it can affect:

• The application of the right of first refusal and buyback by the Generalitat de Catalunya.
• The obligation to make certain administrative communications.
• The taxation of future real estate acquisitions.
• Operations related to wealth and succession planning.
• The structuring of real estate investments through companies.

Therefore, before formalising any sale, it is advisable to carefully analyse the asset situation of the buyer or seller.

One of the first issues that must be understood is that there is no single regulatory standard.

The administrative and civil regulation of the large holder is dispersed across various provisions, among which the following stand out:

• Law 12/2023, on the right to housing.
• Law 18/2007, on the right to housing in Catalonia.
• Law 24/2015, of 29 July, on urgent measures to address the emergency in the field of housing and energy poverty.
• Decree Law 1/2015, of 24 March.
• Decree Law 2/2025, of 25 February. To learn in detail about the specific obligations introduced by this regulation, you can consult this article:

These rules link the status of large holder to issues related to access to housing, social rents or the exercise of pre-emptive rights by the Administration.

For its part, the tax concept of large holder is mainly regulated in article 641-1.5 of the Sixth Book of the Tax Code of Catalonia.

This concept is especially relevant since the entry into force of the increased rate of 20% on certain acquisitions subject to the Property Transfer Tax.

The complexity of the regulations led the Col·legi Notarial de Catalunya to raise numerous queries to the Direcció General de Tributs and the Agència de l'Habitatge.

The result was the preparation of a joint report that attempts to unify criteria and provide answers to many of the practical doubts that arise daily in notary offices, law firms, and real estate agencies.

Thanks to this work, it is possible to identify more clearly the existing differences between both concepts.

This is probably one of the most frequently asked questions.

The answer depends on the regulations we are applying.

From the point of view of housing regulations, when analysing the general concept of large holder, properties located outside Catalonia may be taken into account.

Therefore, a person who owns homes in Barcelona, Madrid, Valencia and Seville could reach the status of large holder even if some of these properties are located outside Catalonia.

However, when dealing with homes located in areas of tight residential market, the criterion is different and only homes located in Catalonia are taken into account.

From a tax perspective, the interpretation is much more restrictive.

For tax purposes, only properties located in Catalonia are counted.

This means that a person who owns twenty homes in other autonomous communities and only ten homes in Catalonia will not have the tax status of a large holder.

Another particularly relevant issue in Catalonia is the treatment of masías and houses located on rural estates.

The Housing Agency considers that only urban properties for residential use should be counted.

Therefore, as a general rule, dwellings located on rural land are excluded.

Tax regulations distinguish between two situations.

When it comes to properties located in high-demand areas, only urban properties are counted.

However, outside high-demand areas, both urban properties and rural properties can be counted as long as they have residential use.

The answer is another of the great surprises of this regulation.

These are areas declared by the Generalitat de Catalunya where there is considered to be a special difficulty in accessing housing. These are established by two Resolutions:

Resolution TER/800/2024 designates 40 municipalities.

Resolution TER/2408/2024 designates 131 municipalities.

These areas have significant consequences both in terms of rentals and in the definition of large landlord.

Many people believe that it is enough to have five properties distributed across different pressured municipalities.

However, the interpretative criterion is different.

To reach the specific threshold of five properties, they must be located within the same pressured residential market area.

The main residence receives different treatment according to the applicable regulations.

From the housing perspective, the main residence can be included in the overall calculation.

The tax interpretation excludes the main residence from the calculation.

This means that a person who owns several investment properties and also their main residence should not include the latter to determine if they exceed the tax thresholds, as indicated in Resolution 3/2025 of 27 June.

Even a major shareholder can acquire a property intended to become their main residence without being subject to the increased rate of 20%, provided that the legally established requirements are met.

Another relevant difference between housing regulations and tax regulations occurs when the property is divided between usufruct and bare ownership, a common situation in donations and succession planning.

For housing purposes, the Agència de l'Habitatge primarily considers who has the effective capacity to use and enjoy the property. Therefore, the usufructuary can be counted as the owner of the dwelling to determine the status of a large holder.

The tax interpretation is different. For tax purposes, usufruct is not counted to determine the status of a large holder. The Direcció General de Tributs considers that only the dwellings over which there is full ownership or bare ownership should be taken into account.

Consequently, a person who is usufructuary of several dwellings could be considered a large holder for housing purposes, but not for tax purposes, while the properties would count for the person holding the bare ownership. This is another example that there is no single concept of large holder in Catalonia.

The dormant inheritance constitutes another of the cases that generates the most doubts. We expand this section with our blog article:

In summary, the dormant inheritance is the legal situation that exists from the death of a person until the heirs accept or renounce the inheritance.

During this period, there is a separate hereditary estate, but the assets have not yet been definitively incorporated into the heirs' estate.

The administrative interpretation considers that, while the inheritance remains unclaimed, the properties should not be attributed to the heirs for the purposes of determining the status of large holder.

The tax interpretation follows the same criterion.

Hereditary properties are only incorporated into the computable assets of each heir when the acceptance of the inheritance takes place.

The main conclusion that can be drawn from the joint report prepared by the Direcció General de Tributs, the Agència de l'Habitatge de Catalunya and the Col·legi Notarial de Catalunya is that there is no single answer to what constitutes a large holder in Catalonia.

Housing regulations and tax regulations pursue different objectives and, consequently, use criteria that do not always coincide.

Aspects such as the location of the properties, the urban or rural nature of the estates, the main residence, usufruct or the pending inheritance can lead to completely different results depending on the applicable regulations.

Therefore, before carrying out any real estate transaction it is essential to analyse each case individually.