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Nomads & Communities
22OCT

Congress sinks Spain's two rent decrees

3 min read
16:46UTC

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
Different Perspectives
KPK (Corruption Eradication Commission)
KPK (Corruption Eradication Commission)
KPK prosecutors filed Silmy Karim's case file with the Tipikor court on 19 October in the alleged residence-permit extortion case. Foreigners on a KITAS, remote workers included, apply and renew through the same immigration system; the charges have not been tested in court.
Consejo Hotelero del Caribe Mexicano
Consejo Hotelero del Caribe Mexicano
The Caribbean hotel council, backed by 44 business organisations, said on 15 October that cutting the entry-fee rise to 17.8% was not enough and asked the Senate to stop it. Yucatán's business council asked senators to reconsider two days later.
Shinjuku City
Shinjuku City
The ward opened comment on 15 October on rules barring new minpaku from its residential zones. It has 3,749 notified minpaku, which the ward says is the most of any Japanese municipality, and has issued 163 improvement orders, 67 suspension orders and 15 closure orders.
Peter Burke, Ireland's enterprise and tourism minister
Peter Burke, Ireland's enterprise and tourism minister
Burke presented the Short Term Letting and Tourism Bill on 6 October, making Fáilte Ireland the register authority and planning compliance a condition of registration. Hosts in places under 20,000 people get two years to regularise.
Izba Gospodarcza Hotelarstwa Polskiego (hotel industry chamber)
Izba Gospodarcza Hotelarstwa Polskiego (hotel industry chamber)
The IGHP warned that aparthotels could be caught by the municipal short-let zones in the act the Sejm passed on 8 October. Aparthotels sit between hotel and flat, and the act makes every stay under 30 days a regulated hotel service.
Apartur (Barcelona tourist-flat operators)
Apartur (Barcelona tourist-flat operators)
Apartur said it will sue Barcelona City Council if the December plenary confirms the IBI surcharge on tourist flats, which director general Marian Muro called disproportionate. The top band falls on owners of four or more, who hold about 6,000 of the city's roughly 10,600 tourist flats.

Written with AI from Lowdown's published reporting. Not individually reviewed by an editor. Editorial standards.