If you’ve followed Spanish news this autumn, you’ll have seen a confusing stream of headlines: housing decrees approved, rejected, re-approved, elections called. For a non-resident owner, the obvious question is: does any of this affect me?
The short answer: if you only use your home as a second residence, very little changes directly. If you rent it out, whether long-term, seasonally or to holidaymakers, there are changes you need to know about. Here’s what has happened so far and what matters.
Last updated: 28 October 2026. This is a developing situation: a key parliamentary vote is expected on 12 November, and we will update this article once the outcome is known. This article is provided for information purposes only and does not constitute legal or tax advice. We recommend consulting a qualified advisor about your specific situation.
A year of decrees: what happened
In Spain, the government can pass urgent laws by royal decree-law (real decreto-ley). They take effect immediately, but parliament must approve, or “validate”, them within 30 days. If it doesn’t, they are repealed.
March–April 2026: the first attempt. In March the government approved a decree (RDL 8/2026) that allowed tenants to extend their contracts by up to two years and capped rent increases at 2%. Congress rejected it on 28 April, and the measures fell.
September–October 2026: the second attempt. On 29 September the government approved two new decrees: a broad housing package (RDL 26/2026) and a decree on automatic renewal of rental contracts (RDL 27/2026). Both took effect, and both were rejected by Congress on 2 October. They were in force for barely a day or two.
October 2026: the third attempt. On 5 October the government dissolved parliament and called a general election for 29 November. The next day it re-approved both packages with changes:
- RDL 29/2026, the broad housing package, in force since 8 October
- RDL 28/2026, on rental contract renewal, due to take effect on 15 November, but only if it is validated
With parliament dissolved, these decrees are voted on by a smaller body, the Diputación Permanente of Congress, which is expected to vote on 12 November, the last day of its deadline. If a decree is not validated, it is repealed.
What RDL 29/2026 changes for owners
These are the measures most relevant to private owners on the Costa del Sol. They are in force today, but will only remain so if the decree is validated on 12 November.
Seasonal and mid-term rentals
Temporary rental contracts (alquiler de temporada) now require a genuine reason for the tenant’s stay, such as work or study, and as a general rule cannot exceed 12 months. If those conditions aren’t met, the contract is treated as a standard residential tenancy, with all its protections and rent limits. Between successive temporary contracts on the same property, the rent can’t rise by more than the official index. Contracts signed before the decree keep their previous terms until they end.
This matters if you rent your home to people staying several months, for example over the winter. Contracts need to be drafted carefully.
VAT on short stays
According to the decree, from 1 December 2026, rentals of furnished homes for up to 30 nights will be subject to 10% VAT. This is a significant change for holiday lets and short stays, and it’s worth reviewing your pricing and invoicing with your advisor now.
Local tax surcharges
Town halls will be able to apply higher IBI (property tax) on empty homes and, in areas officially declared “stressed” housing markets, a surcharge of up to 150% on tourist homes when the owner has four or more. These surcharges require a municipal bylaw, so nothing changes until your town hall approves one.
Long-term rentals
For tenancies of a tenant’s main home:
- Until the end of 2027, rents that already exceed the official reference index cannot rise, and the rest can rise by a maximum of 2% without a new agreement
- Tenants whose contracts end before the end of 2028 can, in certain cases, extend them for up to two years on the same terms
- Tenants can no longer be charged IBI or agency fees, and extra guarantees beyond the deposit are capped
- Rental adverts must include certain information, such as the property’s identification code
Selling
From 1 December 2026 the municipal capital gains tax (plusvalía) coefficients change. If you’re thinking of selling, ask your advisor how this affects you.
What RDL 28/2026 would change
This decree targets long-term residential tenancies. Once the initial contract period ends, contracts would renew automatically for successive five-year periods (seven if the landlord is a company). A landlord who chooses not to renew would have to pay the tenant compensation of at least 12 months’ rent, with some exceptions, such as needing the home for themselves or their family.
It has not been applied yet: it would only take effect on 15 November if validated on 12 November.
What doesn’t change
- If your home is only a second residence and you don’t rent it out, the decrees don’t change your day-to-day situation. Check whether your town hall introduces any surcharge on empty homes.
- Your tourist licence and the Andalusian tourism register are not affected.
- The national single rental register remains annulled since the Supreme Court ruling in May 2026.
- Guest registration on SES.Hospedajes is still compulsory for every tourist stay.
What happens next
The key date is 12 November, when the Diputación Permanente is expected to vote on both decrees. Then Spain votes on 29 November. Whatever the outcome, the next government may keep, amend or replace these measures, and may turn them into a full law through parliament. Housing will remain one of the most debated topics in Spanish politics.
Our advice: don’t make rushed decisions. If you rent your property, review your contracts and your pricing for December, and get advice before signing anything new. We’ll update this article after the vote.
How we can help
Rules change; your property’s needs don’t. We keep track of the regulations that affect owners on the Costa del Sol and can put you in touch with trusted local gestores and lawyers for anything legal or tax-related. If you’re unsure how these changes affect your rental, get in touch.