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News, 3 October 2026

Spain's 2026 housing decrees: what they proposed and what happens now that Congress has struck them down

Extraordinary extension, automatic renewal, seasonal and room rentals: a clear summary of Royal Decree-laws 26/2026 and 27/2026 for investors, and what actually changes for your leases.

Published on 3 October 2026, with both repeals already published in the BOE.

Short answer: no, the housing decrees no longer apply. On 29 September 2026 the Spanish Government approved two Royal Decree-laws (26/2026 and 27/2026) with an extraordinary lease extension, automatic 5 or 7-year renewals and new rules for seasonal and room rentals. Congress repealed both on 2 October and the BOE published the two repeals that same day.

For an investor, the practical rule is simple: your leases are still governed by the LAU, Law 12/2023 on the right to housing and regional and municipal rules. The only grey area is requests sent during the few hours the decrees were in force. Everything is explained below, with the official sources.

Facade of the Congreso de los Diputados in Madrid, which repealed the 2026 housing decrees
Photo: Antonio Sáez, Pexels.

verifiedStatus confirmed in the BOE

Both decrees have been repealed since 2 October 2026

There is no vote pending. Congress agreed to repeal RDL 26/2026 and RDL 27/2026, and the BOE published both resolutions (BOE-A-2026-20526 and BOE-A-2026-20527) on 2 October. Their new measures no longer have effect.

Timeline: from approval to repeal in four days

29 Sep The Council of Ministers approves the two housing Royal Decree-laws.
30 Sep The BOE publishes RDL 26/2026 (social function of housing and affordable supply). It takes effect the next day.
1 Oct RDL 26/2026 takes effect. The BOE publishes RDL 27/2026 (stability of primary-residence leases).
2 Oct RDL 27/2026 takes effect. The same day Congress repeals both decrees and the BOE publishes the repeals.

What RDL 26/2026 proposed

The first decree was a broad package. These are the measures that mattered most to a private investor:

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    Extraordinary extension of up to 2 years

    Tenants with leases running until 31 December 2028 could request up to two more years, in yearly periods and on the same terms, if they had been up to date with rent for the previous eight months.

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    Seasonal rentals with a stated reason, 31 days to 12 months

    The owner had to justify the reason for the tenant's temporary stay, and the general duration was set between 31 days and 12 months.

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    Cap on room rentals

    The combined rent of all rooms could not exceed the rent for the whole property.

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    Tax: VAT, IBI and IRPF

    10% VAT for furnished flats with hotel-type services or stays of up to 30 nights, IBI surcharges for tourist and empty homes, and a graduated IRPF reduction of up to 100% if you cut the rent by more than 5% on a new lease.

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    Evictions of vulnerable households

    Evictions of vulnerable people without alternative housing suspended until 31 December 2030, with exceptions if the owner was vulnerable and held two homes or fewer.

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    Purchases by companies and funds

    Until the end of 2028, entities whose business is acquiring property could only buy homes below 70% of their appraised value, with exceptions.

What RDL 27/2026 proposed

The second decree focused on the duration of primary-residence leases, and amended the first one on extensions:

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    Automatic 5 or 7-year renewal

    At expiry, once 5 years had passed (or 7 if the owner is a legal entity), the lease would renew for successive periods of the same length unless notice was given.

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    6 months notice

    The owner's notice period for non-renewal rose from 4 to 6 months. The tenant's stayed at 2 months.

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    12 months compensation

    An owner choosing not to renew had to compensate the tenant with at least 12 months of rent, calculated with the national rent reference system.

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    Listed exceptions

    No compensation if an individual owner needed the home for themselves or their family, if the tenant had not lived there in the previous six months or had another home in the same town, among other cases.

Laws that change in 72 hours: keep your leases under control

When the rules move this fast, what protects you is knowing exactly which lease ends when, with every notice on file. imotrack keeps it ready:

  • check All your leases with start date, end date and extensions in a single view.
  • check Reminders before each expiry and each notice deadline.
  • check Formal notices, addenda and leases stored with each tenant, ready for your lawyer or gestor.
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Why they no longer apply

A Royal Decree-law takes effect as soon as it is published, but Article 86.2 of the Spanish Constitution requires Congress to validate it. If Congress does not, it is repealed. That is what happened on 2 October: after Junts voted against, the Government lacked the majority it needed and Congress repealed both texts.

It is not the first time. In April 2026 another royal decree on lease extensions was in force for about a month before Congress struck it down as well.

The grey area: requests made while they were in force

During those hours some tenants sent formal notices (burofax) to claim the extraordinary extension, and some eviction suspensions were requested. Some lawyers argue that what was requested while the decree was in force has effect; others disagree. RDL 27/2026 also amended the extension regime of RDL 26/2026, which adds uncertainty.

gavel The courts have not ruled yet. If you received a request on 1 or 2 October, neither ignore it nor simply accept it: keep the notice with its date and time and speak to a lawyer before replying.

What to do now as an investor

The key is not to confuse a repealed proposal with a current obligation. Five concrete steps:

  1. 1

    Keep applying the LAU, Law 12/2023, the relevant rent-update index and the rules of declared stressed zones.

  2. 2

    Do not treat the 5 or 7-year renewal, the 6 months notice or the 12 months compensation as mandatory.

  3. 3

    Do not rewrite your seasonal or room leases for the 31-day to 12-month rule: it is not in force nationally.

  4. 4

    Check the regional and municipal rules for your property, especially for tourist rentals and stressed zones.

  5. 5

    File leases, notices and burofaxes with their dates. If anything happened on 1 or 2 October, get an individual legal review.

What to watch in the coming weeks

The Government may bring back similar measures, by decree or as a bill, as it did after April's rejection. We will update this guide as soon as a new text is published in the BOE.

FAQ on Spain's housing decrees

Are Spain's 2026 housing decrees still in force? expand_more

No. Congress repealed RDL 26/2026 and RDL 27/2026 on 2 October 2026 and the BOE published both repeals that same day. Their new measures are not part of current law.

Can my tenant request the extraordinary 2-year extension? expand_more

Not today, because RDL 26/2026 has been repealed. Only requests sent while it was in force raise legal questions; in that case, consult a lawyer.

Do I have to pay 12 months of rent if I do not renew? expand_more

No. That compensation came from RDL 27/2026, which was repealed. The current LAU, your lease and any regional rules apply.

Do my leases now renew automatically for 5 or 7 years? expand_more

Not because of the decrees. The LAU minimum term and extensions still apply, including the yearly tacit extension if nobody gives notice in time.

Do the rules for seasonal and room rentals change? expand_more

Nationally, no: the mandatory reason, the 31-day to 12-month range and the room-rent cap fell with the repeal. Still check your region's and town's rules.

I received a burofax on 1 or 2 October. What should I do? expand_more

Keep the notice with its date and time and do not reply in a hurry. Experts disagree on its effect and the courts have not ruled: get legal advice before answering.

Does VAT on my tourist flat go up to 10%? expand_more

Not under these decrees: the VAT change and IBI surcharges were part of the repealed RDL 26/2026. Your tax position is as it was before 29 September.

Could these measures come back? expand_more

Yes, it is possible. The Government already tried a similar extension in April. Any new measure would have to be published in the BOE; until then, manage your leases under current law.

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