BREAKING: Spain’s Rejected Housing Decree Is Back and Already in Force

Spain's housing decrees are back, just days after Congress threw them out. On 2 October, Congress rejected both Royal Decree-Laws approved a few days earlier, after which Prime Minister Pedro Sánchez called general elections for 29 November. On 6 October the government approved two reworked decrees, published in the official state gazette (BOE) on 7 October. Because parliament is now dissolved, both must be validated by the Diputación Permanente, the permanent committee that acts for Congress, within 30 days.

The first decree, RDL 29/2026, has been in force since 8 October, although only provisionally until that vote. According to the government's official summary, it requires landlords to justify seasonal rentals, which must last between 31 days and 12 months. If more than two seasonal contracts are chained together, they automatically become a standard residential lease. Tenants with contracts running until the end of 2028 can also request an extraordinary extension of up to two more years, provided they paid on time during the previous eight months. Landlords can refuse if they genuinely need the property for themselves or relatives. Annual rent updates are additionally capped until the end of 2027.

The decree also extends eviction protection until 2030. Courts must suspend evictions of vulnerable occupants who have no alternative housing, but in that case the housing authority has to compensate the landlord for lost rent, unpaid utilities and court costs. The suspension does not apply if the owner is vulnerable too and owns two homes or fewer. Local councils may also add an IBI surcharge of up to 50% on homes used as tourist rentals, with higher rates for owners of several properties.

The second decree, RDL 28/2026, is the controversial one. It would renew rental contracts automatically after five years (seven if the landlord is a company), extend the landlord's notice period from four to six months and require compensation of twelve months' rent in most cases, with exceptions such as personal or family use. It is only planned to take effect on 15 November if it is validated, and press reports suggest it still lacks a parliamentary majority.

For landlords and tenants on Tenerife, the practical picture is therefore split: the first decree applies now but can still be overturned, while the second does not apply at all unless it is approved. With elections on 29 November, the next government could keep, amend or scrap either of them.