What the rule says, and what it does not
Law 7/2022, on waste and contaminated soil for a circular economy, includes in its article 18 a set of waste prevention measures. One of them requires hospitality venues always to offer the option of drinking unpackaged water free of charge and in addition to whatever the venue sells.
The stated aim is cutting single-use packaging, not regulating your drinks list. That is why the obligation refers to unpackaged water and to nothing else.
One point worth knowing if your venue is in Catalonia: the Catalan Consumer Agency reads it actively and writes that bars and restaurants are obliged to offer free tap water "without you having to ask for it expressly". Not a different Catalan law — the same obligation to offer, read by the consumer authority here. In practice: better on the menu than waiting to be asked.
The nuance almost nobody explains: filtered is not the same
The obligation covers unpackaged water, which in practice means tap water. The filtered, treated or microfiltered water many venues serve in their own bottle is a service with a cost, and can still be charged for.
What you cannot do is refuse tap water on the grounds that you only serve filtered. If a customer asks for it, you give it to them and you do not charge.
- Tap water: compulsory and free if the customer asks.
- House filtered or treated water: you can charge for it.
- Bottled water: you can charge for it, and it stays on the list as normal.
- The obligation is "in addition": it does not replace your offer, it accompanies it.
How to handle it on the floor without friction
The conflict is usually not legal, it is front of house: the waiter is unsure whether they can refuse, the customer thinks they are being done a favour, and the conversation tightens at the table in front of everyone.
It gets solved by deciding beforehand and in writing, not in the moment. The team having a clear answer, and that answer always being the same, matters more than the detail of how it is served.
How is it served? Jug to the table · glass · house bottle Who can give it? Anyone on the team, without asking Can we refuse? No. Never, and least of all with a full room Do we charge service? No. Not the jug, not the ice, not the glass And filtered water? On the list, with its price, offered separately
Letting the customer ask without calling anyone over
A good part of the friction disappears if the customer does not have to raise a hand and ask a waiter for free water. If the digital menu lets them order it like anything else, the request stops being awkward for both sides.
It is a small change of routine with a large effect on perception: it goes from being a favour that is asked for to a service that is offered.
The other obligation in the same law that gets forgotten
Law 7/2022 also pushes towards reusable containers for takeaway service. If you do takeaway, it is worth reviewing what containers you use and whether you let customers bring their own.
It is not the part that got the coverage, but it comes from the same article and the same aim: cutting single-use packaging.
Frequently asked questions
Can I charge for the jug or the ice?
No. If unpackaged water has to be free, charging for it through the service empties the obligation of content. What you can charge for is filtered or bottled water, which are different products.
Do I have to put it on the menu?
The rule requires you to offer the option. Making it visible on the menu is the simplest way of showing that you do, and it saves the customer having to ask.
What if I only serve house filtered water?
You can keep selling it, but you cannot use it to refuse tap water. If the customer asks for unpackaged water, you have to give it to them free.
Since when has this been in force?
Since 8 April 2022, when Law 7/2022 came into force. It is not a recent change, though it remains one of the least known obligations in the trade.
Can I put up a sign instead of saying it on the menu?
The rule requires the option to be offered, not a specific format. A visible sign complies; putting it on the menu as well saves the customer having to ask, which is where the awkwardness comes from.
Does it apply to takeaway orders too?
The obligation refers to consumption on the premises. For takeaway service, the same law pushes towards reusable containers, which is a separate obligation from the same article.