Rentals in Spain 2026: new rules now in force after a week of changes
UPDATE – 8 OCTOBER 2026
Spain’s rental rules have changed again following several developments over the past week.
After the housing decrees introduced at the end of September were rejected on 2 October, new decrees were approved and published on 7 October.
Royal Decree-Law 29/2026 is now in force from 8 October and introduces new rules affecting seasonal rentals, room rentals and certain rent updates, among other measures.
A second decree affecting long-term residential tenancy agreements has also been published and is currently scheduled to enter into force on 15 November.
Below, we explain the main points property owners, buyers and tenants should be aware of.
What is in force now ?
1. Seasonal rentals
A temporary rental must have a genuine and demonstrable temporary reason. The contract must expressly state that reason.
2. Room rentals
Room rentals are now specifically regulated. The combined rent charged for rooms in the same property cannot exceed the rent applicable to the property as a whole.
3. Annual rent updates
Certain annual rent increases are subject to temporary limits until 31 December 2027.
4. Short-term rentals
From 1 December 2026, certain furnished rentals of up to 30 nights will be subject to 10% VAT, subject to the exceptions established by law.
5. Long-term residential rentals
A separate decree introduces further changes relating to the duration and renewal of long-term residential tenancy agreements and is currently scheduled to enter into force on 15 November 2026.
The situation has changed quickly, and individual circumstances can make a difference.
What has happened?
At the end of September, the Government approved Royal Decree-Law 26/2026, introducing a broad package of measures relating to housing and the rental market. The legislation was published in the Official State Gazette (BOE) on 30 September and came into force on 1 October. However, just one day later, on 2 October 2026, Congress voted to repeal it. The repeal has been officially published in the BOE. This means that the changes introduced by this Royal Decree-Law are no longer in effect.
What happened to seasonal rentals?
This was one of the issues that generated the greatest interest within the real estate sector. Royal Decree-Law 26/2026 amended Spain’s Urban Tenancy Act (Ley de Arrendamientos Urbanos) and introduced changes affecting, among other matters, certain seasonal rentals and room rentals. For several days, property owners and real estate professionals had to assess how these new rules could affect contracts that were being prepared. However, following Congress’s decision, these changes are no longer in effect. The BOE itself expressly states that the repeal renders the amendments introduced to the Urban Tenancy Act ineffective. It is therefore important not to confuse news published in the preceding days with the legislation that is actually in force following the vote in Congress.
The new extension of rental contracts has also been repealed
Congress has also repealed Royal Decree-Law 27/2026, which had been approved to provide greater stability for certain primary residence tenancy agreements. This legislation came into force on 2 October and was repealed that same day. Among the measures it introduced was an extraordinary extension for certain primary residence rental agreements. Therefore, this new extension is also no longer in force.
Does this mean seasonal rentals are completely unrestricted again?
No.
This is probably the most important point for property owners and investors. The repeal of the new Royal Decree-Laws does not remove legislation that was already in force, nor does it mean that any rental agreement can simply be classified as a “seasonal rental”. Rental agreements must continue to reflect their genuine purpose and comply with the regulations applicable in each individual case.
It is also important to clearly distinguish between:
- Primary residence rentals
- Seasonal rentals
- Room rentals
- Tourist accommodation
Although all of these involve the use of a residential property, they are not legally the same and may be subject to different requirements.
What should property owners do now?
With so many regulatory changes and news developments taking place within such a short period, it is understandable that there may be some confusion. For property owners considering renting out a home, the most important first step is to determine what type of rental they intend to offer and how the property will actually be used. From there, the legislation currently in force should be checked and the rental agreement prepared correctly.
This is particularly important in areas with strong demand for holiday and seasonal rentals, such as Jáve and the Costa Blanca, where the same property may offer very different possibilities depending on its intended use.
A market still facing further changes
The repeal of these two Royal Decree-Laws does not mean that the debate surrounding rental regulation is over. Housing remains the subject of various legislative initiatives, so property owners, buyers and investors should stay informed before making decisions. In a constantly changing regulatory environment, checking which legislation is actually in force at the time a contract is signed is essential.
At Eurojavea, we will continue to closely monitor any developments that may affect the real estate market and explain clearly and simply what they really mean for property owners, buyers, sellers and tenants.
If you own a property, are considering buying, selling or renting in Jávea or the Costa Blanca and would like to understand how these changes may apply to you, get in touch with Eurojavea. We will be happy to help.