It was a historic push within the industry, supported by dedicated professionals. The focus was on home sales brokerage and other real estate liabilities. Enrollment is required and must meet minimum criteria, yet the Generalitat exceeded those standards. While the exact scope of this matter remains, the National Markets and Competition Commission (CNMC) announced on Thursday that it has filed an appeal against Consell’s decision to regulate this registration, which includes requirements such as a physical office and basic training, even when the activity is conducted online.
CNMC states clearly that it does not challenge the registry’s creation or its purpose, aimed at safeguarding users of these services. Instead, it contends that the imposed requirements are disproportionate, potentially limiting competition and harming citizens. The district administration’s stance was challenged in October 2022 when Generalitat sought annulment of several articles of the decree and did not participate in the process. Its refusal to amend ultimately led to an appeal against multiple provisions within the regulation.
In this context, Generalitat defends the decree’s validity and recalls that agreements have been reached with various industry associations as well as consumer groups. The regional housing and social function secretary outlined the objective as ending violations and professional lapses while protecting buyers in specific situations, such as property purchases.
Héctor Illueca, Vice-President of the Council and Head of Housing, and Alex Dominguez are cited in association with these developments.
Communication
The CNMC first critiques section 2.2 of the decree, arguing that intermediaries who provide more than two services in the past year should report their activities to the competent regional authority free of charge.
Additionally, agents who are not public bodies within the Valencia Community would need to prove they are authorized, either by registration in another autonomous community or by reporting activities to the Generalitat’s competent authority.
Home sales in Alicante have remained busy and represent the strongest year since 2007, reinforcing the ongoing discussion around regulation and market openness.
From the state body’s view, these provisions impose a burden on representatives from other regions, restrict the free provision of services, and deter occasional providers from offering their services freely.
Physical establishment
The CNMC also objects to clauses requiring providers to operate exclusively through electronic or telematic means and to maintain a physical address within the Valencian Community. The commission says this requirement could impose significant costs on real estate brokers who must maintain a local presence.
On the other hand, CNMC does not accept the claim that professional training is unnecessary. It argues that the ability to conduct real estate brokerage without a formal license or official association undermines established standards, as professional training should be guided by existing law.
Warranties and insurance
Similarly, CNMC challenges Articles 3.c and 6 of the Decree Law, which mandate warranties and civil liability insurance along with solvency requirements, and set minimum and variable amounts depending on whether the service is delivered in person or online. The body notes that while warranties protect consumers, adjusting minimums and types of coverage by scenario is not justified.
Faced with these arguments, Generalitat maintains that the regulation aims to professionalize the activity and strengthen buyer protections. For instance, the regional authorities argue that a physical point could help verify addresses and facilitate complaint handling in advance of potential problems in the sales process. The decree does not require a specific degree but does propose a 150-hour course to ensure professionals are familiar with applicable sales legislation.
Similarly, the partners acknowledge that warranty and insurance demands should reflect the varying risks in each case contemplated by the decree. The regional leaders maintain that the decree has the broad support of both industry and consumers and that comparable regulations exist in other autonomous regions.
The discussion underscores a tension between pursuing higher professional standards and keeping the market open to authorized participants who serve buyers across regions, including North America, where buyers value clear professional credentials and predictable protections.