Spain housing decree October 2026 in force, validation pending: RDL 29/2026

The Spain housing decree October 2026 is already in force: Royal Decree-law 29/2026 was published in the BOE on 7 October and applies from 8 October. But the Congress Standing Committee (Diputación Permanente) still has to validate it within 30 days of its promulgation (6 October; art. 86.2 of the Constitution), because parliament is dissolved. The plenary of Congress repealed the two earlier housing decrees on 2 October. It covers evictions, seasonal and room rentals, rent rises and a 10% rent deduction on the tax return.

What changes for you today

From 8 October the decree is law, but provisional: if the Standing Committee repeals it, the earlier rules come back. For now, your rental contract and taxes are explained in our guides to tenant rights for foreigners and taxes on renting out a flat; those guides may not yet reflect this decree (see the update note at the top of each). Our earlier article explains how Congress repealed decrees 26/2026 and 27/2026. The text of the decree does not mention nationality or immigration status.

What happened

A royal decree-law is a rule with the force of law that the Government passes by urgency, without going through Parliament first. Because parliament is dissolved and elections are on 29 November 2026 (Royal Decree 806/2026), the Congress Standing Committee (Diputación Permanente) must vote on it within 30 days of its promulgation (6 October) and can validate or repeal it (Article 86.2 of the Constitution). This one is dated 6 October and was published in BOE number 249 of 7 October. Royal Decree-law 28/2026 on the stability of rental contracts came out the same day (BOE-A-2026-20822); we do not analyse it here.

For renters and buyers, the text includes this:

• Evictions (Articles 2 and 5): until 31 December 2030 (Article 2), if the defendant is vulnerable (shown by a social services report or the criteria of the procedure law) and has no alternative home: if the claimant is an entity that buys homes or debts far below their value, the judge suspends the case. In other cases, the judge asks the authorities for an alternative and suspends only if there is none; the suspension is reviewed every 12 months and lasts at most 3 years, and economic vulnerability does not justify it if the landlord is an individual with 2 homes or fewer. In addition, with no end date (Article 5, new Article 22.6 of the LEC): if the eviction is for unpaid rent, the authorities have 2 months to offer a suitable home or pay the debt; if they pay, the contract stays in force. The duty to pay the rent does not disappear.
• Seasonal and room rentals (Article 3): a temporary contract must state a real, provable reason. Without one it counts as a main-home contract, from the day it was signed. It lasts more than 31 days and, as a rule, up to 12 months. When rooms are rented, the rents together cannot exceed the rent of the whole home. Each region's own rules still apply.
• Rent and costs (Article 3): the yearly rent update is tied to the IRAV index; you cannot be charged property management or contract formalisation fees.
• Repairs and purchase (Article 3): if damage affects habitability, you can demand a repair in writing and the landlord has 15 calendar days to respond. The right of first refusal (to buy the home before someone else, or after the sale) can no longer be waived.
• Extraordinary extension (final provision 5): up to 2 more years, at the tenant's request, for contracts in force whose mandatory extension (5 or 7 years) ends before 31 December 2028, or whose yearly extension or tacit renewal ends, if you are up to date with payments and have been for the previous 8 months. The landlord must accept it, with exceptions, and it does not apply if a rent at least 5% lower is agreed. If Royal Decree-law 28/2026 is validated, from 15 November it will not apply where the new 5-year (7) renewal applies.
• Rent rise (final provision 6): if the update falls between 8 October 2026 and 31 December 2027, you can negotiate it. Without agreement it cannot exceed 2%. If the rent already exceeds the limit of the reference price index system, no rise applies.
• Tax return (IRPF): a 10% deduction on what you pay to rent your main home if your taxable base (the amount the tax is calculated on) is below 33,007.20 euros a year. The maximum base is 11,630 euros, that is, up to 1,163 euros a year. It requires that neither you nor your family unit own another home within 50 kilometres for at least half the year. The decree amends the IRPF law and does not name non-residents.
• Landlords: new tax reductions on rental income, from 15% to 100% of the net income depending on the rent and the zone, for contracts signed from 1 December 2026. It changes the IBI surcharge on empty homes and allows a surcharge on tourist flats in tensioned zones.
• Buying: the TU CASA line provides ICO loans for a first home, for the lower of 20% of the value and 50,000 euros, at 0% interest. The requirements will be set by a Council of Ministers agreement that we have not yet seen. A home bought this way will always keep a maximum sale price and, if rented out, limited rent.

How it works now

These are the current rules according to our guides (consolidated text of the LAU); the decree replaces them while it is in force:

• Rent: updated only on the anniversary and as agreed. If no index is agreed, the IGC applies, capped by the IPC.
• Leaving early: after 6 months with 30 days' notice; the contract could provide for compensation.
• First refusal: the parties could agree that the tenant waives it.
• Seasonal rental: it counted as use other than housing and the contract terms governed.
• State rent deduction: it did not exist.

What changes

• Rent: the IRAV becomes the index when the agreement does not name one, and the limit on the rise.
• Leaving early: the decree says it creates no compensation for the landlord.
• First refusal: it can no longer be waived.
• Seasonal rental: without a proven reason it is treated as a main-home rental. Seasonal contracts signed before 8 October keep their regime until the agreed end date, and cannot be extended.
• Tax return (IRPF): the 10% deduction appears.

What happens next

• Because parliament is dissolved and elections are on 29 November 2026 (Royal Decree 806/2026), the Congress Standing Committee (Diputación Permanente) must vote on validation within 30 days of its promulgation (6 October; art. 86.2 of the Constitution). No voting date has been published. If it repeals the decree, it loses effect, as happened with the two earlier ones.
• The text does not explain what happens to anything signed or requested while the decree was in force. If the Standing Committee repealed it, we do not know that either.
• We have not yet found AEAT guidance on which tax return the 10% deduction applies to.

What you can do

• If you sign or request something relying on this decree (an extension, a rent rise, a temporary contract), check it with a professional first: it may change after the Standing Committee votes.
• If you face an eviction case, speak to your town hall's social services and to a duty lawyer.
• If you rent out your home to someone else, see the guide to taxes on renting out a flat. If you own a home in Spain, see taxes for owning a home. For your annual return as a resident: income tax return for resident foreigners. If you plan to buy: buying a home as a foreigner.

Official source: BOE-A-2026-20823 (Royal Decree-law 29/2026).

Informational only; check the official source and a professional for your specific case.

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