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Royal Decree-Laws 28/2026 and 29/2026 introduce changes to rent adjustments, lease extensions, short-term rentals and landlords’ obligations.
The rental market is facing a new regulatory landscape following the approval of measures affecting both landlords and tenants. Royal Decree-Laws 28/2026 and 29/2026 introduce changes to essential aspects of rental agreements, including rental prices, lease duration, expenses and renewal conditions.
Royal Decree-Law 29/2026 came into force on 8 October, while Royal Decree-Law 28/2026 is expected to take effect on 15 November. At the time of writing, both regulations are pending ratification by the Permanent Deputation of the Spanish Parliament.
We examine the main changes and their implications for the residential rental market.
One of the most significant measures concerns annual rent adjustments. Between 8 October 2026 and 31 December 2027, existing rental agreements with rents exceeding the maximum established by the reference rental price index will not be eligible for rent increases.
Where rent adjustments are permitted, the Housing Rental Adjustment Reference Index (IRAV) will apply, with a maximum increase of 2%. From 2028 onwards, rent increases may not exceed the IRAV.
These restrictions apply to rental agreements governed by the Spanish Urban Leases Act (LAU), regardless of when they were signed.
The new regulations also introduce changes to lease durations. Tenants whose agreements are currently under an extension period and expire before 31 December 2028 will be entitled to request an extraordinary two-year extension.
To qualify, tenants must be up to date with their rent payments and have paid the previous eight monthly instalments on time. According to the legislation, landlords will be required to accept this extension, regardless of whether they are classified as large property owners or whether the property is located in a designated high-pressure residential market area.
Furthermore, Royal Decree-Law 28/2026 modifies the notice periods required for non-renewal of rental agreements and establishes compensation for tenants in certain circumstances. Exceptions apply when landlords need to recover the property for use as their primary residence.
Seasonal rental agreements will now be classified as temporary residential leases, with a minimum duration of more than 31 days and, as a general rule, a maximum duration of 12 months.
Additionally, signing two consecutive temporary rental agreements may result in the tenancy being classified as a permanent residential lease, unless documentary evidence demonstrates that the temporary housing need still exists.
Regarding room rentals, the combined rent charged for individual rooms may not exceed the applicable rental limit for the entire property.
In Catalonia, these provisions coexist with regional regulations governing seasonal and room rentals, which remain applicable.
The new measures also affect expenses associated with rental agreements and landlords’ responsibilities for property maintenance.
One of the main changes is the extension of the prohibition on passing real estate management fees arising from lease renewals or contractual modifications on to tenants.
Restrictions are also introduced on passing certain taxes, such as Property Tax (IBI), and communal expenses on to tenants in buildings without legally established horizontal property ownership arrangements.
Regarding repairs affecting a property’s habitability, health conditions or safety, landlords will have 15 days to respond to a repair estimate submitted by the tenant. This period is reduced to five days for temporary rental agreements. If the landlord fails to act within the specified timeframe, the tenant may arrange and pay for the repairs and offset the cost against their rent.
The new regulations also introduce tax benefits designed to encourage landlords to moderate rental prices.
Rental agreements signed from 1 December 2026 onwards may qualify for tax deductions of up to 100%, provided that the landlord is not classified as a large property owner and applies a rent reduction exceeding 5%, subject to the applicable requirements.
These regulatory changes highlight the importance of reviewing rental agreement conditions and understanding the obligations applicable in each situation.
Factors such as rent adjustments, lease extensions and recoverable expenses can directly affect the management and profitability of residential rental properties.
In this context, obtaining specialist real estate advice is essential to adapting to regulatory changes and making informed decisions with confidence.
At FORCADELL, we help you manage your rental property and provide expert advice on the implications of current regulations. Contact our team if you have any questions.
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