Nuevo marco para la vivienda: así queda el mercado residencial tras la entrada en vigor del decreto

Following the publication in yesterday's BOE, today the first of two Spanish housing decrees takes effect, initiated by the Council of Ministers to intervene in the residential market. Using a political pretext that jurists suggest could potentially lead to a constitutional challenge, the Permanent Deputation of Parliament will be responsible for validating or revoking the decree on October 16. The PNV has announced its support for the first decree, which encompasses most of the measures.

This decree is separated from a second real decree containing the most controversial measure: the automatic renewal of rentals. Its entry into effect is delayed to November 15, following the legal 30-day period for the Congress of Deputies' special nature body to vote, presumably to potentially revoke it. This demonstrates the executive's limited hopes for its approval, as well as doubts about the urgency of passing the measures this way.

Both decrees released yesterday in the BOE are almost identical to those presented by the Pedro Sánchez government in the Congress on Friday, although additional details and technical nuances have been introduced, further increasing legal uncertainty and generating harsh criticism from the business sector, legal experts, and real estate specialists.

Despite this, Minister of Housing and Urban Agenda, Isabel Rodríguez, denied yesterday that the immediate entry into force of the first decree will have negative effects on the housing supply at a time when portal data points otherwise.

Nevertheless, the entry into effect of Real Decree-Law 29/2026, adopting urgent measures for the protection of the social function of housing and expanding the supply of affordable housing, will modify, and indefinitely, the framework of housing in Spain.