Housing decrees: what stays, what has fallen and what changes if you let or sell

On Thursday 12 November, the Standing Committee of the Spanish Congress voted on the two housing decrees approved by the Government on 6 October. One goes ahead and the other does not. We explain it without headlines: what changes for those with a let flat, for those who want to sell and for those looking for a home in Barcelona.

The one that stays: Royal Decree-law 29/2026

It was ratified by 35 votes to 34, and the ratification was published in the Official State Gazette (BOE) on 13 November. It has been in force since 8 October. It is a long text with very different measures. These are the ones with most day-to-day impact.

Lease extensions

Tenants under certain main-residence leases already in force can request an extraordinary extension of up to two years, one year at a time, if they are up to date with payments and have been for the previous eight months. The lease terms stay the same during the extension.

In stressed residential market areas such as Barcelona, there is also an extraordinary extension of up to three years, which takes precedence. The landlord can only object in the cases set out in the rules, for example if they need the home for themselves or a relative and give notice in time and in the proper form. In Barcelona, before answering an extension request, you need to know which of the two applies to that lease.

Rent review

Until 31 December 2027, for annual periods ending by that date, an extraordinary rule applies. If the tenant already pays more than the limit set by the reference rent price index system, the rent cannot be increased. If it does not exceed it, it is updated as agreed by the parties and, failing agreement, the increase cannot exceed 2%.

Two indices should not be confused. The reference rent price index is used to set certain rent limits, while the IRAV sets the ordinary limit for annual reviews of the leases subject to it, without prejudice to the extraordinary measures in force.

Temporary and room lets

The decree amends the Urban Leases Act. A temporary let must last more than 31 days and, as a general rule, no more than twelve months, although it can be extended if the reason that justifies it still exists. When letting by rooms, the total of the rents cannot exceed what would apply to the whole flat.

Leases signed before 8 October 2026 keep their regime until the agreed term ends, but cannot be extended under that previous regime. In Catalonia, Law 11/2025, in force since 1 January 2026, already regulates temporary and room lets, so the regional rules must also be taken into account.

Selling a tenanted home

This is one of the most relevant changes for anyone thinking of selling. Under the new article 25 of the Urban Leases Act, tenants can no longer waive their pre-emption right: the right to be offered the home before any other buyer, on the same terms, or to acquire it if it was sold without being offered to them.

Until now it was common to include that waiver in leases. For leases signed before the reform, it will depend on which regime applies. Before putting a tenanted flat on the market, the lease should be reviewed and the notice to the tenant planned.

Insurance, guarantees and handover of the home

The decree prohibits requiring tenants to take out rent default insurance and limits additional guarantees in temporary lets to one month's rent. It also sets new rules on repairs and on documenting the condition of the home at handover. These are changes to bear in mind when preparing a new lease.

Evictions

The decree extends until 31 December 2030 the protection against certain evictions of vulnerable people with no housing alternative. It is not an automatic, general suspension: the rules distinguish different cases, require the stated circumstances to be proven and give special protection to certain small landlords, who in some cases can claim compensation. Not every tenant can halt an eviction indefinitely.

Rental advertising

Adverts must state the applicable rent index and limit and, where relevant, that the landlord is a large holder. In Catalonia, Decree-law 3/2026 had already set out what a rental advert must include. At HabitaRetail we already apply this in our rental adverts.

Municipal capital gains tax

From 1 December the maximum coefficients used in the calculation under the objective method, the one based on the cadastral value of the land, change. In Barcelona, which has its own table, the coefficients for that calculation are reduced for properties held for 17 years or more, because the bylaw's coefficients exceed the new maximum and the maximum applies directly. For example, after more than 20 years the coefficient goes from 0.40 to 0.30. For shorter holding periods nothing changes in Barcelona until the City Council amends its bylaw.

Not every transfer will have a lower tax bill: it depends on which method is more favourable in each case. In a sale, the date of the deed counts. In an inheritance, however, the date of death counts, not the date of the deed of acceptance: an inheritance from before 1 December is calculated with the previous coefficients even if it is accepted later.

Tax

There are new income tax reductions for landlords letting homes, especially affordable lets and in stressed areas. For tenants, a 10% state deduction is created for renting a main residence, for taxpayers with a tax base below 33,007.20 euros, subject to the other legal requirements.

The one that falls: Royal Decree-law 28/2026

It was revoked, so it never applies: it was due to come into force on 15 November. It provided that main-residence leases would be compulsorily extended for five-year periods (seven if the landlord is a company) unless either party gave notice, and that a landlord who did not want to extend would pay the tenant compensation of at least twelve months' rent.

None of that exists. Leases keep the duration and extension rules they already had, plus the extraordinary extensions of the other decree where they apply.

What landlords should review

• If you have a let flat in Barcelona: when the lease ends and whether the tenant can request the extraordinary extension, and which one. Before reviewing the rent, check whether you are above or below the reference index limit.
• If you let by season or by rooms: make sure the lease complies with both Spanish and Catalan rules.
• If you are going to sell a tenanted flat: the tenant's pre-emption right, before committing to a buyer.
• If you are going to sell or have inherited something held for many years: which coefficients will be used for the capital gains tax. Our sale calculator gives you a first figure.

A badly handled rent review, an extension answered out of time or a sale signed without respecting the tenant's right can be costly. These decisions depend on the lease and the circumstances of each property, and they are best reviewed before, not after.

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Sources: Royal Decree-law 29/2026, of 6 October (BOE) · Ratification agreement (BOE no. 283, of 13 November 2026) · Local Finance Act, article 107 (BOE)