Spain’s Council of Ministers approved two housing decree-laws on September 29, 2026, introducing stronger tenant protections, tighter rules for seasonal and room rentals and restrictions on speculative property purchases by certain investment funds. The changes could affect Polish owners and investors active in Spain, although the measures still require parliamentary validation.
The package includes a two-year extension mechanism for rental contracts expiring before December 31, 2028, stronger protection in some eviction cases and new rules intended to prevent temporary contracts from being used to bypass protections that apply to permanent residential leases.
Rental contracts could last longer than owners expect
Under the main decree, tenants may request a two-year extension for contracts that expire before the end of 2028. According to EFE, this extension is not automatic under that measure. A separate decree addresses automatic renewal of contracts and is being considered independently.
For landlords, longer contract duration can provide more predictable rental income but can also reduce flexibility when an owner plans to move into the property, undertake major renovation or sell it vacant.
The package also extends certain protections against eviction for vulnerable households until 2030. These protections are not a blanket ban on all evictions and depend on the circumstances set out in the legislation.
Seasonal and room rentals face tighter scrutiny
The government’s package establishes a maximum duration for certain temporary rentals and extends more protections from Spain’s residential tenancy framework to seasonal and room contracts. Owners are expected to justify the temporary nature of a lease.
If the temporary purpose cannot be demonstrated, or if successive short-term contracts are used with the same tenant, the arrangement may be treated as a permanent residential tenancy. This is particularly relevant to investors who have used seasonal contracts as a more flexible alternative to long-term residential leases.
Restrictions target speculative purchases by funds
The Spanish government also announced a temporary prohibition, lasting until December 31, 2028, on speculative residential property purchases by so-called vulture funds. The measure does not mean that every company or foreign buyer is prohibited from purchasing residential property in Spain.
Investors therefore need to distinguish between rules aimed at specific institutional strategies and the conditions that apply to private buyers, family landlords or companies operating ordinary rental businesses.
Tax rules are also changing
The package contains tax changes affecting different segments of the housing market, including tourist rentals and certain real-estate investment structures. Because details were still being finalised at the time of the government announcement, investors should check the enacted legal text before relying on specific tax rates.
The practical effect will differ depending on whether a property is used for the owner’s own purposes, rented to a long-term tenant or operated as a short-term or tourist accommodation business.
Parliamentary approval still matters
The two decree-laws are scheduled for parliamentary validation on Friday, October 2. Their political and legal path therefore remains relevant to investors assessing the final rules.
For Polish property owners in Spain, the main issues to review are the expected duration of rental contracts, the documentation supporting temporary rentals, the time required to recover possession of a property and the tax treatment of the chosen rental model.
This article is for information purposes only and does not constitute investment or legal advice.
Sources: Spanish Council of Ministers, September 29, 2026; Agencia EFE.
