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Nomads & Communities
3OCT

Congress sinks Spain's two rent decrees

3 min read
13:31UTC

Spain's Congress of Deputies refused on 2 October to validate both new rental decree-laws, by 172 to 178 and 166 to 184. Junts, the Partido Popular and Vox voted against both.

SocietyAssessed
Key takeaway

Spain has no national displacement test for furnished seasonal lets after the 2 October vote.

Spain's government lost both new national rental tools in one vote on 2 October. The Congress of Deputies refused to validate Royal Decree-law 26/2026 by 172 votes to 178, and Royal Decree-law 27/2026 by 166 to 184⁠1. A Spanish government may legislate by decree-law, but the decree lapses unless Congress validates it.

Decree 26 was the seasonal-rental rule the government promised in June. Every "temporada" contract (a furnished lease of up to 12 months) and every room let had to state a provable reason the tenant was away from home and last at least 31 days. Platforms faced fines of up to €1m or 2% of global turnover for withholding listing data⁠2. Tourist lets that had been exempt would have paid value-added tax (VAT) at 10%⁠3. The decree named no remote-work cause, so a nomad renting for four months would have had to prove displacement. Decree 27 imposed automatic lease renewals of five years, or seven where the landlord is a company.

Junts, the Catalan nationalist party, joined the Partido Popular and Vox in voting against both. Infobae reported that the Puerta del Sol housing encampment moved to Congress for the vote⁠4. With the Tribunal Supremo's May ruling against the national registration number, Spain has lost two national short-let instruments in five months. Regional law still stands: Navarra gazetted its own room-rental law in July while the national decree stalled.

The Instituto Nacional de Estadística (INE), Spain's statistics office, counted 12.3m foreign tourists in August, up 9.2%; those lodging mainly in a rented home rose 13.7%, hotel guests 6.6%⁠5. Eurostat, the EU statistics office, puts Spanish nights on Airbnb, Booking and Expedia up 1.9% in April to June, after 19.2% a year earlier⁠6. Read together, INE's and Eurostat's figures suggest the growth is going off the three big platforms. That is Lowdown's inference (the periods differ, and INE counts people where Eurostat counts nights), and on that reading the growth sits where platform data-sharing rules and registers cannot see it.

Deep Analysis

In plain English

Spain's government can pass an emergency law, called a decree-law, that takes effect at once. Parliament then has to vote to keep it. If the vote fails, the law lapses. On 2 October Parliament voted both new housing decrees down. One limited short rentals to people with a proven reason to be away from home. The other forced longer notice and automatic renewals on long leases. For now, the old rules apply again.

Deep Analysis
Root Causes

The government approved both decrees together on 29 September. RDL 26/2026 put tourist-use dwellings, previously VAT-exempt, under 10% VAT (drafts had 21%) and allowed a property-tax surcharge of up to 150% in declared tensioned residential zones. It also capped rent rises between successive temporary contracts at the IRAV rent index, and suspended vulnerable-household evictions to 31 December 2030.

A decree-law needs a majority within the validation window, and a government short of one must win votes party by party. A package with many clauses gives each opposition party something to refuse.

The Balearics and the Canaries sat on opposite sides of the VAT change. In the Balearics the VAT change alone would have reached 26,143 registered tourist dwellings with 158,769 bed places. The Canaries, which use a different indirect tax (IGIC) and have no declared tensioned zone yet, sat outside both changes.

What could happen next?
  • Consequence

    Hosts and platforms keep the VAT exemption and face no national data-transmission fine until a new text passes.

    Immediate · Assessed
  • Risk

    A re-tabled bill would face the same three opposition parties, so passage is uncertain and slow.

    Short term · Suggested
  • Precedent

    Spain has now lost two national short-let instruments in five months, which leaves regional laws such as Navarra's as the working tools.

    Medium term · Assessed
First Reported In

Update #14 · Spain's Congress sinks its rental decrees

Boletín Oficial del Estado· 3 Oct 2026
Read original →
Causes and effects
This Event
Congress sinks Spain's two rent decrees
Spain has now lost its seasonal-rental rule and its national short-let registration number within five months, leaving regional governments to regulate alone.
Different Perspectives
UK Culture Secretary Lisa Nandy
UK Culture Secretary Lisa Nandy
Nandy told MPs around 3 September that England's register of short lets will be fully operational by March 2027. Wales opened compulsory registration for every paid stay on 1 October, with a deadline of 31 March 2027.
Venice budget assessor Michele Zuin
Venice budget assessor Michele Zuin
Zuin told Il Gazzettino on 21 September that a charge of about €30 on peak days from 2027 would be the most concrete solution. He added that the city must set new rules together with government and Parliament.
Saudi Premium Residency Center
Saudi Premium Residency Center
The Center added 31 services on 22 September, according to the newspaper Okaz. Primary holders now register employment contracts through the Qiwa platform, and no Saudi Press Agency release confirms the package.
Greek prime minister Kyriakos Mitsotakis
Greek prime minister Kyriakos Mitsotakis
Mitsotakis announced at the Thessaloniki International Fair on 5 September that new short-let registrations in central Athens and Thessaloniki stay suspended to 31 December 2027. No ministerial decision has been found, and golden-visa applications fell 39% from January to July.
Cape Town housing group Ndifuna Ukwazi
Cape Town housing group Ndifuna Ukwazi
Ndifuna Ukwazi backs the city's draft by-law, which rates lets available over 183 nights a year as commercial from 1 July 2027. Finance mayco member Siseko Mbandezi said it ensures fairness in the commercial accommodation sector.
Klungkung Regency and KPK
Klungkung Regency and KPK
Klungkung took 2.7bn rupiah on Nusa Penida from 1 to 9 September against 1.1bn in the first ten days of August. The Corruption Eradication Commission (KPK) sent files on eight suspects in a residence-permit extortion case to prosecutors on 30 September, alleging 145.5bn rupiah was taken.