Spain’s government approved two new housing decrees on 6 October 2026, and one of them is already changing how rental properties can be advertised. If you own, let or plan to buy a rental property on the Costa del Sol, the Spain rental law 2026 changes are worth understanding now, even though parts of them may still be revised. This guide explains what Royal Decree-law 29/2026 and Royal Decree-law 28/2026 say, what is already in force, what is still uncertain, and what landlords and investors should do next. It was first published on 11 October 2026 and updated on 26 October 2026.
Update, 26 October 2026
- The Diputación Permanente, the committee acting for Parliament while it is dissolved, is expected to vote on both decrees on 12 November 2026.
- Press reports expect Royal Decree-law 29/2026 (already in force) to be ratified by a narrow margin.
- Royal Decree-law 28/2026 (five-year automatic renewals from 15 November) looks likely to be rejected after the Basque party PNV said it will vote against it.
- We have added details of the two-year lease extension, the 2% cap on rent updates and the proposed compensation rules below. We will update this article again after the vote.
Photo: Jakub Żerdzicki on Unsplash.
In this article
- Key takeaways
- Which rules are actually in force?
- New rules for advertising a rental property
- Temporary and room rentals
- Long-term leases: five-year renewals and landlord notice
- Rent update limits and property purchase restrictions
- Will these rules last?
- What this means for landlords, investors and buyers
- Frequently asked questions
- Talk to us
Key takeaways
- Royal Decree-law 29/2026 has been in force since 8 October 2026. It covers rental advertising, temporary and room rentals, limits on some rent updates and restrictions on certain property purchases.
- Royal Decree-law 28/2026 would take effect on 15 November 2026. It would make long-term residential leases renew automatically in five-year periods (seven if the landlord is a company).
- Royal Decree-law 29/2026 lets tenants request a lease extension of up to two years and caps annual rent updates at 2% unless both parties agree otherwise.
- Both decrees still need to be ratified. The vote is expected on 12 November 2026: 29/2026 is expected to pass, while 28/2026 may be rejected.
- For most landlords, nothing needs to change today beyond checking contracts and updating rental adverts.
Which rules are actually in force?
Two of the decrees are live and several earlier ones have already fallen. A royal decree-law takes effect as soon as it is published, but Congress must vote on it within a month, and it can reject it. Congress has done that to three decrees this year.
| Decree | What happened |
|---|---|
| RDL 8/2026 (20 March) | Rental extension and rent-cap measures. Rejected by Congress on 28 April 2026. |
| RDL 26/2026 and 27/2026 (29 September) | Housing and lease-stability measures. Repealed by Congress on 2 October, after about a day in force. |
| RDL 29/2026 (6 October) | Published 7 October, in force since 8 October. An expanded rewrite of the repealed 26/2026. Vote expected 12 November; expected to pass. |
| RDL 28/2026 (6 October) | Published 7 October, takes effect 15 November. Vote expected 12 November; may be rejected. |
New rules for advertising a rental property
The change landlords will notice first is in Article 20 of Royal Decree-law 29/2026. Every rental offer or advert must now include at least the official reference index for rental prices and, where one exists, the rent of the last primary-residence lease in force during the previous five years.
The Ministry of Consumer Affairs has said it will write to the large property portals about the new obligations, and press coverage reports that the rules apply to private landlords as well as professional owners and letting businesses.
In practice, review any live listing, portal template or social media post advertising a rental and add the required information. We have not yet seen the penalties for non-compliance, so treat this as a priority rather than waiting to find out.
Temporary and room rentals
Royal Decree-law 29/2026 tightens the rules for temporary (“temporada”) lets and rentals by the room. A temporary rental is now defined as one for a tenant who is temporarily away from their usual home for a justified and provable reason, so the stated reason for the let has to be real.
- Existing contracts: temporary contracts signed before the decree came into force generally keep their existing rules until the agreed term ends.
- Rent updates: reporting on the decree’s predecessor, which 29/2026 largely repeats, says rent increases on chained temporary contracts are capped at the IRAV index.
- Tourist rentals: holiday lets follow separate regional tourism rules. Properties advertised for short stays on online platforms also need a registration number from Spain’s national short-term rental registry.
If you let a property on temporary contracts to tenants who actually live in it as their home, take advice, because that is the situation these reforms are aimed at.
Long-term leases: five-year renewals and landlord notice
Royal Decree-law 28/2026 would change what happens when a primary-residence lease reaches the end of its term. If ratified, it takes effect on 15 November 2026 and applies from the first lease expiry after that date.
- Automatic renewal: leases renew for successive five-year periods, or seven if the landlord is a company, unless valid notice is given.
- Landlord notice: if the landlord does not want to renew, six months’ notice is required. The tenant’s notice period stays at two months.
- Compensation: a landlord who does not renew but wants to keep letting the home pays the tenant the higher of 12 months’ rent or one month’s rent for each year the tenant has lived there, calculated on the top of the official reference price range. The think tank Fedea estimates around €15,500 in a typical case of a tenant who has lived in the home for 10 to 12 years.
- Exceptions: no compensation is due if the landlord, as a private individual, needs the home for themselves or close family; if the tenant has not lived in the home for more than six of the last twelve months; if the tenant has another suitable home in the same municipality; if both parties sign a new contract; or if the tenant turns down a new contract of at least five years (seven with a company landlord) at a rent within the legal limits. The reason must be stated in the notice.
- Status: press reports suggest this decree does not have enough support to be ratified on 12 November. If it is rejected, it never takes effect and the current rules (a minimum of five years, or seven with a company landlord, followed by up to three years of annual tacit renewals) stay in place.
For landlords who simply want a reliable tenant, this means more stability. For owners planning to sell with vacant possession or move a family member in, the timing and paperwork matter more than before.
Rent update limits and property purchase restrictions
Royal Decree-law 29/2026 also introduces an extraordinary limit on annual rent updates. Where landlord and tenant do not agree otherwise, the update is capped at 2% for annual updates falling between 8 October 2026 and 31 December 2027. If your lease has an indexation clause, check how it interacts with the cap before applying the next increase.
Two-year extension for tenants
The same decree gives tenants the right to request an extraordinary extension of up to two years. It applies to primary-residence leases in force on 8 October 2026 whose mandatory term ends before the end of 2028, provided the tenant is up to date with the rent. Landlords with leases ending in the next two years should expect this request and check the conditions with their lawyer.
The decree also limits certain acquisitions of homes that it treats as speculative. Early law firm commentary mentions restrictions on purchases by entities whose business is buying property, and limits on later resale prices and rents. The scope is still being analysed, so anyone buying through a company should take legal advice before signing.
Will these rules last?
Not necessarily. A decree-law stays in force until Parliament ratifies it, repeals it or replaces it. The Constitution gives Congress a month to vote, and it has not said how that period is counted while the Cortes are dissolved. With general elections called for 29 November 2026, the Diputación Permanente is expected to vote on both decrees on 12 November.
If a decree is repealed, its rules stop applying from that point, though acts completed while it was in force are generally not undone. A new government cannot switch a decree off by taking office. It would need to repeal or amend it, either with a new decree-law (which also needs ratification) or through a bill in the new Parliament.
Because of that, expect the details to keep moving over the coming weeks and months.
What this means for landlords, investors and buyers
- Landlords: check which type of contract you have, update any rental adverts, and keep notice dates and reasons on file. Do not change tenancy arrangements yet, since both decrees could still be repealed.
- Investors in buy-to-let: the direction of travel in Spain is towards longer, more stable tenancies and more transparency on prices. Factor longer holding periods into your yield calculations.
- Buyers: if you plan to buy through a company or to let the property out, get advice on the new purchase restrictions before signing.
Frequently asked questions
Is Royal Decree-law 29/2026 already in force?
Yes. It was published in the BOE on 7 October 2026 and has applied since 8 October. It still needs to be ratified; the vote is expected on 12 November 2026.
Do the new rental advertising rules apply to private landlords?
Press coverage says they apply to private landlords as well as professional owners and letting businesses. Any rental advert should show the official rental price reference index and, where it exists, the previous rent from the last five years.
Will my tenant’s lease renew automatically?
Under Royal Decree-law 28/2026, if ratified, primary-residence leases renew for five-year periods (seven if the landlord is a company) unless valid notice is given. It would apply from the first expiry after 15 November 2026, but press reports suggest it may be rejected on 12 November. Separately, Royal Decree-law 29/2026 already lets tenants request an extension of up to two years if their mandatory term ends before the end of 2028.
How much can I raise the rent?
Under Royal Decree-law 29/2026, annual rent updates falling between 8 October 2026 and 31 December 2027 are capped at 2% unless landlord and tenant agree otherwise.
Can I still recover my property for my own or my family’s use?
Yes. Under Royal Decree-law 28/2026, a landlord who is a private individual and needs the home for themselves or close family does not pay compensation for not renewing, but the reason must be stated in the notice. Check the exact family relationships covered with your lawyer.
Could these rules change after the general election?
Yes. A decree stays in force until it is repealed, amended or replaced, so a new government would need to act through a new decree or a bill. Changes would not be immediate.
Is this legal advice?
No. It is general information based on public sources as of 26 October 2026. Speak to a Spanish lawyer about your own situation.
Talk to us
At Nicolas Estates we follow these changes closely for our clients on the Costa del Sol. We work with one of Spain’s largest law firms and offer buyers a one-stop service, from property search to legal and tax support. Message us on WhatsApp at +34 686 977 400 or get in touch through our contact page to discuss your property plans on the Costa del Sol.
Sources: BOE, RDL 29/2026; BOE, RDL 28/2026; Garrigues on RDL 29/2026; Garrigues on RDL 28/2026; Ministry of Consumer Affairs; INEAF; idealista; Independízate; Infobae; Fedea.
This article is for general information only and does not constitute legal advice. Spanish housing rules are changing quickly and should be confirmed with a qualified lawyer before you make a decision.
