Spain’s housing decrees: what you need to know
On 29 September the Spanish Council of Ministers approved two Royal Decree-laws on housing, published in the Official State Gazette (BOE) between 30 September and 1 October. Regulations and official guidance are still to come, but the broad lines are already clear, and they affect both people who rent and people who invest in property.
A reform with tax impact
Royal Decree-law 26/2026 of 29 September adopts urgent measures to protect the social function of housing and increase the supply of affordable homes. Beyond changes to rental and eviction rules and support for public housing stock, it amends taxation in five areas: personal income tax (IRPF), VAT, the local property tax (IBI), the tax regime for SOCIMIs (listed real estate investment companies) and the municipal capital gains tax on urban land (IIVTNU, known as “plusvalía municipal”). According to published summaries, it came into force on 1 October 2026.
The financial press also points to tax incentives for individuals who sell empty homes to public bodies, and notes that part of the rules will only apply in regions that have declared “stressed” rental areas. That is worth watching: the real impact will depend on where your property is.
Rentals: more stability, fewer hidden costs
The second decree, Royal Decree-law 27/2026 and which appeared in the BOE on 1 October, aims to strengthen the stability of primary-residence leases. Three measures stand out.
First, speculative buying is restricted: entities, with or without legal personality, whose corporate purpose includes acquiring property will not be able to acquire a property, for free or for consideration, at a price below 70% of its market appraisal value.
Second, seasonal or room rentals that do not state an express reason showing a genuine, documented temporary need on the tenant’s side will automatically be treated as primary-residence leases.
Third, landlords may not pass on to tenants the property-management costs of formalising the lease or the taxes associated with the home.
What this means for you
If you are a landlord who rents on a seasonal basis, review your contracts: without a concrete, provable reason they could be treated as primary-residence leases, with the consequences that has for duration and terms. If you charge tenants management fees or taxes, now is the time to rethink your costs.
If you are an investor or hold property through a company, check whether your corporate purpose falls under the purchase restriction, and how the changes to VAT, IBI or SOCIMI rules could affect your planning. And if you are thinking of selling a home, look first at the effect of municipal capital gains tax and IRPF.
Whatever your situation, the key is not to act on headlines alone. Gather your lease agreements, property deeds and recent tax filings, and check them against the new rules before taking any step, since the practical effect may differ from one property or region to another.
Closing thoughts
These are significant changes that combine civil law and taxation, and the official text deserves a careful read before you make decisions. At EBF Consulting we can review your leases and your tax position so you know what to do and when. Get in touch and we will go through it together.
Official reference: BOE of 30 September and 1 October 2026 (Royal Decree-law 26/2026 and the lease-stability decree)