Although situations of this type have been occurring for some time, the controversy periodically resurfaces as there are still real estate agencies or property owners who try to make use of this suspicious ploy.
If you are looking for a flat to rent or buy, you may be faced with an advertisement from the seller: you have to pay a fee to visit the property. Given the current housing crisis, this commission that some real estate agencies try to charge angers many people, which makes them wonder: is it legal for them to try to charge you just for visiting the house?
The debate has come to light again, in this case, due to the advertisement for a flat in the Catalan city of Santa Coloma de Gramenet, which the user @hernameisgina has shared on X. The advertisement corresponds to the rental of a penthouse on Sant Andreu street in this city in the province of Barcelona, measuring 65 square metres and three bedrooms for 800 euros a month. Just below this description, it says: “The visit is charged 9.90 euros.”
The post went viral, and dozens of users have expressed their discontent in the context, in addition, of the entry into force not long ago of a rule by which the real estate agency or the owner had to take charge of management costs that, previously, they tried to impose on the tenant.
Can it be done?
Faced with the warning, many potential tenants would choose to ignore the advertisement and look for other alternatives. But what if we are particularly interested in that property, do we have to pay that visit fee? Is it legal? Specialized media remind us: according to article 20 of the Urban Leasing Law, modified by Law 12/2023 of May 24 on the right to housing, the costs of real estate management and formalization of the contract must be assumed by the landlord.
That is to say, as we mentioned before, within this relatively recent regulation by which the famous management commission should not be passed on to the tenant, this payment for the visit would also be included. And this commission that is being proposed would be part of those management costs that the owner will have to bear, but in no case should the interested buyer bear them.
Because of this, the user who detects this type of practice is free to report these facts to the corresponding housing authority. If it is a real estate agency that is imposing this rate, we should contact the Consumer offices of each autonomous community to alert about this practice. However, this route will probably be more effective if we have already paid for or rented the property.
If we are simply considering whether or not to carry out the visit, the most appropriate thing would be not to do it, and to contact the real estate agency to ask for an explanation, and to warn them that we could file a complaint for malpractice.
On the other hand, we could formalize the rental of the property and, subsequently, demand payment of these expenses from the real estate agency, and if they refuse, appeal to the aforementioned regional authorities.
Requirements that may be requested of you
We would like to remind you that, although this requirement to pay for a visit is not a correct practice, there are other requirements that may be asked of you in order to rent: they may ask for your ID or other identification such as a work or residence permit, and other documents to prove the tenant’s financial capacity. These documents may be pay slips, income tax returns or employment contracts, but it would not be appropriate to ask for proof of bank transactions.
