Spain’s New Housing Decree 2026: Rent Caps, Tenant Rights and Rental Law Changes Explained
Spain housing decree 2026– new housing measures for 2026 introduce changes affecting rental prices, tenancy extensions, eviction protection, seasonal rentals, landlord taxation and affordable housing. The measures aim to improve access to housing, protect eligible tenants and increase the supply of affordable homes.
For tenants, landlords, property investors and international residents living in Spain, the most important changes concern rent increases, rental contract extensions, eviction procedures and the rules governing temporary accommodation.
Important: Some provisions may be subject to conditions, implementing rules or parliamentary approval. Always check the latest legislation published in Spain’s Official State Gazette (BOE) before making legal or financial decisions.
What Are the Main Changes in Spain’s New Housing Decree?
The key housing measures cover seven areas:
- Rent increases: Temporary limits on rent increases under specified conditions.
- Rental contract extensions: Eligible tenants may request extensions of up to two additional years.
- Eviction protection: Additional safeguards for qualifying vulnerable tenants.
- Seasonal rentals and room rentals: New requirements intended to prevent the misuse of temporary tenancy contracts.
- Tax incentives: Potential tax benefits for eligible tenants and landlords, alongside changes affecting certain tourist accommodation.
- Property speculation: Restrictions on certain below-market property acquisitions.
- Affordable housing: Measures to expand public housing and support eligible first-time buyers.
Rent Increase Limits and Rental Contract Extensions
Can a landlord increase rent in Spain in 2026?
Under the announced temporary housing measures, rent increases are restricted until 31 December 2027, subject to the applicable legal conditions.
Where the relevant reference-price ceiling is exceeded, the temporary measure may prevent an increase. In other cases, if the landlord and tenant cannot agree on an increase, the applicable limit may be 2%.
The precise rule depends on the property, the existing tenancy agreement and the legal provisions that apply.
Can tenants extend their rental contracts in Spain?
Eligible tenants whose rental contracts expire by 31 December 2028 may request an extension of up to two additional years, in annual periods, while retaining the existing contractual terms.
Eligibility requirements and exceptions apply. These may include certain situations in which the landlord needs the property for personal or qualifying family use, or where the parties agree to different terms.
What this means for tenants: If your rental contract is approaching its expiry date, check whether you qualify for an extension before agreeing to leave or signing a new contract.
Eviction Protection for Vulnerable Tenants
The housing measures include additional protection against eviction for certain economically vulnerable tenants who do not have alternative accommodation.
Subject to the applicable legal requirements, protection may extend until 31 December 2030.
In specified rent-arrears cases, the relevant public administration may be required to provide alternative accommodation or make the legally required payments within two months.
However, these provisions do not create a blanket ban on evictions. Eligibility, procedural requirements and exceptions apply, including certain circumstances involving vulnerable landlords who own two or fewer properties.
What tenants should know: Anyone facing eviction should obtain individual legal advice and check whether they qualify for the relevant protection.
New Rules for Seasonal Rentals and Room Rentals in Spain
Spain’s housing measures also address seasonal accommodation and room-by-room rentals.
Seasonal rental contracts
Landlords may be required to justify the temporary purpose of a seasonal tenancy. The general duration described in the measures is between 31 days and 12 months.
Repeated seasonal contracts may be reclassified as ordinary residential tenancies where the legal conditions are met.
Renting individual rooms
In designated high-demand housing areas, the combined rent charged for all rooms may not exceed the applicable rent limit for the property as a whole.
These provisions aim to prevent temporary contracts and room rentals from being used to circumvent tenant protections.
What this means for landlords: The legal classification of a rental depends on its actual purpose and circumstances, not simply on the name given to the contract.
Housing Tax Changes for Tenants, Landlords and Property Owners
The announced measures include tax provisions affecting residential rentals, tourist accommodation and vacant properties.
| Tax measure | Potential impact |
|---|---|
| Tenant tax relief | Eligible taxpayers earning less than €33,007.20 annually may qualify for a deduction of 10% of qualifying payments for their main residence, subject to applicable rules. |
| Landlord tax incentives | Certain landlords renting homes at affordable prices may qualify for substantial reductions in taxable net rental income. Some qualifying cases may receive a 100% reduction. |
| Tourist accommodation VAT | A 10% VAT charge may apply in specified circumstances, including certain stays of up to 30 nights or accommodation providing hotel-type services. |
| Permanently protected housing | Qualifying permanently protected homes and certain associated facilities may benefit from a 4% VAT rate. |
| Vacant properties | Local councils may impose higher property-tax charges on qualifying homes that remain vacant for extended periods. |
These tax measures are subject to eligibility criteria, tax rules and the specific characteristics of each property or transaction.
Important for non-resident property owners: Spanish tax treatment can depend on tax residency, the type of rental activity, the property’s location and the applicable national and regional rules. Obtain specialist tax advice before relying on a potential exemption or deduction.
Restrictions on Property Speculation
The housing measures include restrictions on certain companies, investment funds and large property holders acquiring homes for less than 70% of independently assessed market value, until 31 December 2030.
Exceptions may apply to qualifying affordable housing, social housing and certain public-interest accommodation.
The objective is to discourage speculative acquisitions and encourage homes to be used for residential purposes.
These restrictions do not necessarily apply to every property transaction or every buyer.
Affordable Housing and First-Time Buyer Support
The government also aims to increase the availability of affordable housing and support eligible first-time buyers.
CASA 47 and public housing
CASA 47, Spain’s public housing entity, is expected to play an expanded role in managing homes for affordable rental accommodation.
Sales of qualifying homes owned by CASA 47 may be subject to the applicable regional protected-housing price limits.
TU CASA: First-home financing programme
The announced TU CASA programme involves a proposed €10 billion financing initiative intended to help eligible buyers purchase their first home.
Under the announced terms, eligible buyers could receive interest-free loans covering up to 20% of the property’s value, capped at €50,000.
The programme’s practical availability, eligibility requirements and application procedures must be confirmed through the relevant official rules.
What this means for first-time buyers: The initiative may help eligible households cover part of the cost of purchasing a home, but it should not be treated as guaranteed funding.
Additional Tenant Protections When a Rental Contract Ends
A separate decree announced alongside the housing measures proposes additional protections for ordinary residential tenants.
The proposed changes include:
- Increasing the landlord’s notice period for non-renewal from four months to six months.
- Requiring compensation equivalent to at least 12 months of comparable rent in certain non-renewal situations.
- Providing exceptions in specified circumstances, including certain cases where the landlord needs the property for themselves or close family, or the parties enter into a new rental agreement.
These provisions are distinct from the other housing measures and should not be treated as effective unless the required parliamentary approval and legal conditions have been satisfied.
Tenants and landlords should verify the current legal status before relying on these proposed protections.
How Does Spain’s New Housing Decree Affect You?
If you are renting a home in Spain
Check whether you qualify for a rental contract extension, whether a proposed rent increase complies with the applicable limit and whether you qualify for any eviction protections.
If you are a landlord in Spain
Review your tenancy agreements, rent-setting procedures, tax position and obligations relating to seasonal and room rentals.
If you own a holiday rental
Check whether changes to VAT, rental classification or local property taxation affect your particular accommodation and business model.
If you are buying your first home
Monitor the official rules governing the TU CASA financing programme and confirm its eligibility requirements before including it in your purchase budget.
If you own investment property in Spain
Review any restrictions that may apply to your acquisitions, especially if you operate through a company, investment fund or large property portfolio.
Frequently Asked Questions About Spain’s New Housing Decree 2026
What is Spain’s new housing decree?
Spain’s announced housing measures cover rent increases, rental contract extensions, eviction safeguards, seasonal rentals, taxation, property acquisitions and affordable housing initiatives. The precise rights and obligations depend on the legislation applicable to each measure.
Are rent increases capped at 2% in Spain in 2026?
A temporary 2% limit may apply when the landlord and tenant cannot agree on an increase, subject to the relevant legal conditions. Certain properties may be subject to different restrictions, including reference-price limits.
Can I extend my rental contract by two years in Spain?
Eligible tenants whose contracts expire by 31 December 2028 may request an extension of up to two additional years in annual periods. Conditions and exceptions apply.
Can landlords evict tenants in Spain under the new housing rules?
Evictions remain possible. Certain vulnerable tenants without alternative accommodation may qualify for additional protection, subject to eligibility requirements and legal exceptions.
Do the new rules apply to seasonal rentals?
The announced measures introduce requirements concerning the justification and duration of seasonal rentals and may affect repeated contracts that meet the criteria for ordinary residential tenancies. The precise rules depend on the applicable legislation.
Will landlords receive tax benefits for affordable rentals?
Certain landlords may qualify for significant income-tax reductions when renting at affordable prices. Eligibility depends on the applicable tax provisions and the circumstances of the tenancy.
Is Spain offering financial assistance to first-time buyers?
The announced TU CASA programme is intended to provide eligible first-time buyers with interest-free financing of up to 20% of a property’s value, capped at €50,000. Buyers should verify that the programme is operational and confirm the applicable conditions.
Are all the announced housing measures already in force?
Not necessarily. Different measures may have different effective dates, approval requirements and implementation rules. Check the latest version of each relevant provision in Spain’s Official State Gazette before relying on it.
Official Sources and Further Information
For authoritative information on Spain’s housing legislation, consult:
- Spanish Official State Gazette (BOE): https://www.boe.es/
- Spanish Ministry of Housing and Urban Agenda: https://www.mivau.gob.es/vivienda/medidas-urgentes-por-la-vivienda
- Spanish Government: https://www.lamoncloa.gob.es/
This article is for general information and does not constitute legal, tax or financial advice. The legal status of the measures and their application should be verified against the current official legislation.