Connect with us

Holiday rentals

Spain Approves Housing Decree With New 10% VAT On Holiday Rentals

Published

on

spain-approves-housing-decree-with-new-10%-vat-on-holiday-rentals

Spain has approved a controversial new housing decree imposing sweeping restrictions on landlords and a 10% VAT on holiday rentals from December. What does it mean for property owners?

On 12 November, the Permanent Deputation of the Spanish Congress approved Royal Decree-law 29/2026 by 35 votes to 34, confirming measures introduced by Prime Minister Pedro Sánchez’s government in October following the controversial eviction of an elderly tenant in Madrid.

This decree, in force since 8 October, includes restrictions on evictions involving so-called ‘vulnerable’ occupants until 2030, additional tenancy extensions, limits on rent increases, tighter regulation of seasonal and room rentals, restrictions on certain property investors, and new tax measures.

A second decree, which would have introduced automatic five- or seven-year extensions of residential tenancies and substantial compensation for landlords refusing to renew, was rejected by 35 votes to 34. If you want a deeper dive into the measures included in both bills click on learn more.

Learn More

Spain’s two housing decrees: What has been approved and what was rejected?

Updated 12 November 2026

The Spanish government introduced two emergency housing decrees in October 2026, widely known as the Maricarmen decrees. On 12 November, the Permanent Deputation of Congress approved the first by 35 votes to 34 but rejected the second by the same margin, with the votes reversed.

Here is a summary of the principal measures and what they mean for property owners and tenants.

Decree 29/2026 — Approved and in force

This decree came into force on 8 October and has now been ratified. It introduces the following measures:

  • Eviction protections: Extends protections for vulnerable tenants and occupants without alternative accommodation until 31 December 2030, subject to conditions and exceptions, including for private owners with no more than two properties. Compensation mechanisms apply in certain cases.
  • Rental contract extensions: Qualifying tenants with existing residential leases expiring before the end of 2028 can request extensions of up to two additional years. Existing statutory three-year extensions in designated stressed housing markets take precedence.
  • Rent increases: Until 31 December 2027, annual rent increases are generally limited to 2% without a new agreement, or frozen where the existing rent exceeds the applicable reference-price ceiling.
  • Seasonal and room rentals: Tighter rules require genuine justification for temporary tenancies and restrict their use to circumvent ordinary residential tenancy protections. Rent ceilings apply in designated stressed markets, including limits on the combined rent charged for individual rooms.
  • Landlord obligations: Additional restrictions on charging tenants property taxes, agency fees and compulsory insurance, alongside stronger tenant rights concerning maintenance and preferential purchase rights.
  • Property investment: Certain corporate investors and large landlords are prohibited from acquiring residential properties for less than 70% of their official valuation, subject to exceptions.
  • Holiday rentals: A new 10% VAT charge applies from 1 December 2026 to furnished accommodation let for stays of 30 nights or fewer, even without hotel-style services. An exception applies to accommodation in the owner’s habitual residence.
  • Property taxes: Municipalities are given powers to impose additional property-tax surcharges on qualifying vacant homes and tourist accommodation in designated stressed housing areas.
  • Tax incentives: New income-tax deductions for qualifying tenants and revised tax reductions for landlords who meet certain conditions, including affordable rents.
  • First-time buyers: A new €10 billion financing programme, called TU CASA, provides for interest-free loans of up to €50,000, subject to eligibility conditions, to help qualifying buyers purchase their first home.

Decree 28/2026 — Rejected

This separate decree proposed substantially greater security of tenure for residential tenants but was defeated before its scheduled commencement on 15 November.

Its principal proposals were:

  • Automatic tenancy extensions: After the initial statutory rental period of five years for private landlords or seven years for corporate landlords, tenancies would renew for successive periods of the same duration unless either party gave the required notice.
  • Longer notice periods: Landlords wishing to terminate at a contractual expiry would generally have to give six months’ notice, rather than four.
  • Compensation for non-renewal: Landlords choosing not to renew would generally have to compensate the tenant with the greater of 12 months’ reference rent or one month’s reference rent for every year of occupancy.
  • Exceptions: Compensation would not normally be payable where the landlord genuinely needed the property for personal or qualifying family use, the tenant was not habitually resident, the tenant had another suitable home locally, or certain other statutory conditions applied.

The rejection means these proposed changes will not take effect. Existing tenancy duration and termination rules continue to apply, subject to the separate extensions and protections introduced by the approved first decree.

What happens now?

Decree 29/2026 remains in force following parliamentary ratification. Decree 28/2026 has been rejected and will not take effect.

However, with a general election scheduled for 29 November, the future of Spanish housing legislation remains politically uncertain. A new government could amend or repeal the surviving measures.

Property owners should check how the approved changes affect their individual circumstances, particularly before renewing or terminating tenancies, arranging seasonal rentals or letting holiday accommodation.

Holiday rentals face 10% VAT from December

The biggest news for many owners from outside of Spain is that from 1 December 2026, furnished properties let for stays of 30 nights or fewer will generally attract VAT at 10%, even when the landlord provides no hotel-style services.

Until now, ordinary holiday lettings without hotel-style services have generally been exempt from VAT. The new law removes that exemption for short stays, with an exception for accommodation in the landlord’s own habitual residence.

This means that someone who owns a second home in Spain and rents it to holidaymakers for a week or two when not using it will normally have to charge VAT. The change also affects occasional landlords, not just professional holiday-rental businesses.

A €1,000 holiday rental would therefore cost €1,100 including VAT if the tax is added to the existing price. Alternatively, an owner keeping the advertised price at €1,000 would have to account for approximately €91 in VAT out of that amount.

The change applies to mainland Spain and the Balearic Islands, but not the Canary Islands, Ceuta or Melilla, which have different indirect-tax systems.

What will holiday-home owners have to do?

Owners whose lettings become subject to VAT will generally need to register their activity with the Spanish tax authorities using the relevant census declaration, usually Form 036, issue the appropriate invoices or records, and submit periodic VAT returns, normally using Form 303.

That could impose a significant administrative burden on owners who only rent out their properties for a few weeks each year. Non-resident owners will also need to establish who is legally responsible for accounting for the tax, particularly when bookings are handled through an agency or online platform.

There is also the question of whether owners can recover VAT on expenses relating to their rental activity, potentially offsetting part of the new tax liability.

The legislation establishes the 10% rate and its commencement date, but practical questions remain concerning existing bookings, advance payments, invoicing arrangements and the treatment of mixed personal and rental use. Owners should obtain professional tax advice before changing their procedures.

More hassle guaranteed

The government argues that its measures will improve housing affordability and discourage speculative investment. Critics warn that additional restrictions and taxes will discourage private investment and reduce the supply of rental accommodation.

Holiday rentals are an obvious political target, but taxing second homes used by their owners for part of the year is unlikely to make much difference to the supply of affordable housing where it is most needed.

With a general election scheduled for 29 November, the future direction of housing policy remains uncertain. A new government could reverse some of these measures, although the approved decree remains law unless changed.

Foreign owners should start thinking about any eventuality. The 10% VAT charge is scheduled to start on 1 December, and anyone offering short-term lets should review their pricing and tax arrangements before then.

Holiday rentals

Spain’s new 10pc VAT on holiday lets: What owners need to know

Published

on

By

Spain has introduced a new 10% VAT on short-term property lettings that could affect thousands of holiday-home owners, including those who only rent out their properties occasionally.

The legislation is already in force, but parliamentary approval is still pending and important practical questions remain unanswered.

What do the new rules say?

The measure forms part of Royal Decree-law 29/2026, published on 7 October, which introduces a range of housing measures. Although the decree came into force on 8 October, the new VAT rules are scheduled to apply from 1 December 2026.

Under the legislation, furnished properties rented to the same tenant for 30 nights or fewer will attract VAT at 10%, even when no hotel-style services are provided.

An exception applies to accommodation in the landlord’s habitual residence. Longer lettings generally remain exempt unless hotel-style services are provided, in which case 10% VAT already applies.

Importantly, the new rule is based on the duration of the letting, not whether the property is officially registered as tourist accommodation.

What does this mean for property owners?

Until now, owners letting holiday accommodation without hotel-style services have generally been exempt from VAT. The new rules would change that.

An owner currently charging €1,000 for a week’s accommodation could have to charge €1,100 including VAT, or absorb the tax and accept lower net income.

But the implications go beyond pricing. Private individuals can charge VAT without setting up a company, but owners affected by the new rules would generally have to register for VAT purposes with the Spanish Tax Agency, normally using Form 036, and submit periodic VAT returns using Form 303.

That means more paperwork, record-keeping and potentially accountancy costs, even for foreign owners who only rent out their Spanish holiday homes for a few weeks each year.

On the positive side, owners charging VAT may be entitled to reclaim VAT on qualifying expenses, subject to the normal restrictions, particularly where properties are also used privately.

What remains unclear?

Although the basic tax obligation is established, several practical questions remain, particularly for occasional and non-resident landlords.

How will the new rules apply to bookings made, or deposits collected, before December? How will rental platforms and property managers handle VAT collection and invoicing? What specific guidance will the Tax Agency provide for private owners who have never had to deal with VAT before?

Further clarification would be welcome before owners are expected to comply.

Will the new VAT rules survive?

Nobody knows. The decree is currently in force but must be ratified by the Permanent Deputation of Congress, which is expected to vote on 12 November, ahead of Spain’s general election on 29 November.

An earlier version of the housing legislation was rejected by Congress on 2 October, so approval cannot be taken for granted.

If the decree is rejected again, the new VAT measures will fall away before their scheduled introduction on 1 December. And if the decree is passed but the Socialist party running the country in coalition with the hard left lose the next General Election due to be held on 29 November, an incoming rightwing government would probably repeal the decree.

For now, holiday-home owners should be aware of the potential changes and their implications, but there is still considerable uncertainty about what will actually happen.

We should know more after the parliamentary vote, assuming the Government’s latest housing legislation survives.

Continue Reading

Holiday rentals

Spain’s New 10pc VAT On Holiday Lets: What Owners Need To Know

Published

on

spain’s-new-10pc-vat-on-holiday-lets:-what-owners-need-to-know

Spain has introduced a new 10% VAT on short-term property lettings that could affect thousands of holiday-home owners, including those who only rent out their properties occasionally.

The legislation is already in force, but parliamentary approval is still pending and important practical questions remain unanswered.

What do the new rules say?

The measure forms part of Royal Decree-law 29/2026, published on 7 October, which introduces a range of housing measures. Although the decree came into force on 8 October, the new VAT rules are scheduled to apply from 1 December 2026.

Under the legislation, furnished properties rented to the same tenant for 30 nights or fewer will attract VAT at 10%, even when no hotel-style services are provided.

An exception applies to accommodation in the landlord’s habitual residence. Longer lettings generally remain exempt unless hotel-style services are provided, in which case 10% VAT already applies.

Importantly, the new rule is based on the duration of the letting, not whether the property is officially registered as tourist accommodation.

What does this mean for property owners?

Until now, owners letting holiday accommodation without hotel-style services have generally been exempt from VAT. The new rules would change that.

An owner currently charging €1,000 for a week’s accommodation could have to charge €1,100 including VAT, or absorb the tax and accept lower net income.

But the implications go beyond pricing. Private individuals can charge VAT without setting up a company, but owners affected by the new rules would generally have to register for VAT purposes with the Spanish Tax Agency, normally using Form 036, and submit periodic VAT returns using Form 303.

That means more paperwork, record-keeping and potentially accountancy costs, even for foreign owners who only rent out their Spanish holiday homes for a few weeks each year.

On the positive side, owners charging VAT may be entitled to reclaim VAT on qualifying expenses, subject to the normal restrictions, particularly where properties are also used privately.

What remains unclear?

Although the basic tax obligation is established, several practical questions remain, particularly for occasional and non-resident landlords.

How will the new rules apply to bookings made, or deposits collected, before December? How will rental platforms and property managers handle VAT collection and invoicing? What specific guidance will the Tax Agency provide for private owners who have never had to deal with VAT before?

Further clarification would be welcome before owners are expected to comply.

Will the new VAT rules survive?

Nobody knows. The decree is currently in force but must be ratified by the Permanent Deputation of Congress, which is expected to vote on 12 November, ahead of Spain’s general election on 29 November.

An earlier version of the housing legislation was rejected by Congress on 2 October, so approval cannot be taken for granted.

If the decree is rejected again, the new VAT measures will fall away before their scheduled introduction on 1 December. And if the decree is passed but the Socialist party running the country in coalition with the hard left lose the next General Election due to be held on 29 November, an incoming rightwing government would probably repeal the decree.

For now, holiday-home owners should be aware of the potential changes and their implications, but there is still considerable uncertainty about what will actually happen.

We should know more after the parliamentary vote, assuming the Government’s latest housing legislation survives.

Continue Reading

Council tax (IBI)

Barcelona plans 150% property tax increase on tourist flats ahead of 2028 ban

Published

on

By

Barcelona City Council has approved plans to increase property taxes by up to 150% on owners with multiple tourist rental licences, adding another financial burden to a sector already facing extinction in 2028.

Barcelona City Council’s Economy and Finance Committee has approved a proposal to increase the annual property tax (IBI) on tourist rental properties, with the biggest increases targeting owners and operators holding four or more tourist accommodation licences.

The measure was supported by the Socialists (PSC), Barcelona en Comú and ERC, with Junts abstaining and the PP and Vox voting against.

Under the proposal, the increases would be:

  • 150% for holders of four or more tourist rental licences, affecting approximately 6,000 licences, or 60% of the city’s total.
  • 100% for holders of two or three licences, affecting around 1,200 licences, or 11% of the total.
  • No increase for owners holding just one tourist rental licence.

The proposal is not yet final. It must go through a period for objections before being submitted for approval at the December council meeting.

Another blow to Barcelona’s tourist rental sector

Deputy Mayor for Economic Affairs Jordi Valls explained that the objective is to make tourist rentals less attractive financially until the city’s planned elimination of tourist rental licences takes effect in 2028.

Valls argued that the tax increases primarily target companies operating tourist accommodation as a business, rather than individual owners renting out a single property.

Barcelona currently has around 10,000 licensed tourist flats, all of which are scheduled to lose their tourist rental licences in 2028 under the city’s controversial plan to eliminate this form of accommodation.

The latest tax proposal adds to the growing regulatory and financial pressure on the sector, potentially reducing profitability well before the licences themselves disappear.

Will higher taxes solve Barcelona’s housing shortage?

Supporters of the measure argue that discouraging tourist rentals will help tackle Barcelona’s housing problems. However, there is no guarantee that increasing taxes on tourist accommodation will make more homes available for long-term residential use.

The opposition has questioned both the effectiveness and proportionality of the proposal. Junts warned of growing legal uncertainty, whilst the PP described the increase as a punitive tax measure targeting a particular group of property owners.

Vox argued that the measure does nothing to guarantee more residential housing, suggesting that the council would achieve more by encouraging construction and removing restrictions on development.

The underlying problem remains Barcelona’s chronic shortage of housing supply. Increasing taxes on existing accommodation, or eliminating tourist rentals altogether, does nothing directly to encourage the construction of new homes.

For owners and investors in Barcelona’s tourist rental market, the message from City Hall is increasingly clear: the authorities intend to make the business less attractive long before the planned ban arrives in 2028.

Continue Reading

Trending

Copyright © 2017 Spanish Property & News