Barcelona’s city government staunchly defends its enforcement of a controversial law requiring developers to set aside 30% of new builds for social housing, despite official figures revealing the policy has yielded just 34 affordable flats since its inception in 2018. The meagre results have ignited a fierce political dispute over the rule’s effectiveness and the current administration’s commitment to upholding it.

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Former mayor Ada Colau’s administration introduced the regulation, a landmark policy, in December 2018 to combat the city’s escalating housing crisis. It mandates that any new residential construction or major renovation over 600m² must allocate 30% of its space to officially protected housing (VPO). Spain’s Supreme Court recently backed the policy, affirming its legality.

A Policy Under Fire

During a tense municipal urban planning commission meeting on Tuesday, Deputy Mayor Laia Bonet (PSC) faced sharp criticism from her predecessors, Barcelona en Comú (BComú). Bonet acknowledged the disappointing outcome of the rule, stating, “We are gaining new flats little by little, but not to the extent we would like.”

She attributed the low number of acquired flats to the law’s design, suggesting the total might be higher “if the rule could have been modified.” The socialist-led government, under Mayor Jaume Collboni, had previously attempted to revise the regulation in negotiation with the Junts party, but the talks failed to produce an agreement.

In response to accusations of inaction, Bonet insisted the council was actively pursuing violators. “This government enforces the current law and will continue to do so,” she stated, as reported by 20 Minutos. She revealed that since 2022, the city has opened approximately 2,500 proceedings for works carried out without a licence and issued over 830 fines to compel developers to regularise their permits.

Bonet explained that developers commonly evade the 30% rule by undertaking major renovations illegally, without applying for the necessary permits. “In some cases, operators do not request a licence and execute works illegally,” she said. In these instances, the city cannot immediately enforce the 30% provision, as there is no official licence application to scrutinise. Instead, the council pursues developers for the licensing breach first.

She cited the case of a property at Carrer de Sant Agustí, 14, in the Gràcia neighbourhood, where the developer, New Amsterdam, was fined over €20,000. “We will continue to impose coercive fines until the developers submit what they haven’t submitted: a licence application to legalise the works, which will allow us to see if the 30% applies or not,” Bonet asserted.

“A Regime of Impunity”

However, BComú councilwoman Lucía Martín accused the Collboni government of deliberately trying to “deactivate” the rule. She claimed the administration was showing an express will to “not issue million-euro fines,” which can range from €90,000 to €900,000 for direct non-compliance with the housing reserve.

“Not a single million-euro fine has been issued to speculators flouting the 30% rule since Jaume Collboni has been mayor,” Martín claimed, arguing this created a “regime of impunity.” She described the government’s approach as “negligent” and contrary to the recommendations of the city’s own technical services, and threatened to take the matter to court.

Bonet countered that the primary goal was not to punish but to create housing. “The objective of the 30% rule is not to issue fines, but to generate protected housing,” she replied, according to El Periódico. “The figure of 34 flats is clear enough and nobody can be satisfied… that’s why we wanted to modify it to make it more efficient.”

A Fractured Political Landscape

The debate highlights the deep divisions over how to address Barcelona’s housing shortage, a problem exacerbated by policies like the recently extended rent caps. Other political parties also weighed in on the contentious rule.

  • Junts: Damià Calvet argued the measure “has helped to paralyse a good part of the city’s development activity,” thereby increasing housing prices.
  • ERC: Eva Baró pointed out that a commission established to monitor the rule’s implementation “has not been convened a single time in seven years.”
  • PP: Sonia Devesa questioned the government’s reluctance to revise the policy, suggesting they might be “prisoners of their former government partners [BComú].”
  • Vox: Liberto Senderos labelled the policy a “resounding failure” and called for its immediate repeal.

With a public housing stock that represents just 1.5% of the city’s total, the pressure to find effective solutions is immense. Yet, with a landmark law proving ineffective in practice and a political class unable to agree on a path forward, a significant increase in Barcelona’s affordable housing supply remains a distant prospect.