Which of Spain's 2026 housing rules apply in Andalucia? A guide for landlords and buyers

Published 30 June 2026 · Updated 8 October 2026

The short version

Some of Spain's housing rules apply everywhere. Others only operate inside stressed market areas, which a regional government has to declare. Andalucia has declared none, so on the Costa del Sol the rules that apply everywhere are the ones that matter.

• Rent updates: only on the anniversary, only with an express clause, and never above the change in the IRAV index. For anniversaries from 8 October 2026 to 31 December 2027, at most 2% without an agreement, and no increase if the rent is above the applicable price limit (the decree does not say how that limit works outside a stressed zone). These rules apply in Andalucia.
• Stressed-zone caps on new rents: do not operate in Andalucia.
• Agency and contract costs on a main-home let: paid by the landlord.
• Lease terms: a five-year minimum, or seven if the landlord is a company or other legal person.
• Empty homes: a council may add an IBI surcharge, but outside stressed zones only for owners of four or more homes, and not before 2027.
• Tourist lets: outside the Urban Leasing Act. In Andalucia, registration in the RTA and the registration code in every advert. The national registration number was annulled by the Supreme Court in May 2026.

Stressed zones: why Andalucia is different

A stressed market area only exists where the regional government declares it. The Ministry of Housing publishes each quarter's declarations in the BOE, and none of its lists includes an Andalusian municipality. The latest, dated 24 July 2026, covers the second quarter of 2026.

Inside a declared zone the 2023 housing law lets the rent on new contracts be capped, and a zone's declaration can treat a landlord with five or more homes as a large holder. Neither operates in Andalucia while no zone is declared. If the Junta declares one, those tools would start to apply in the declared area, and the declaration would appear in the Ministry's next quarterly list.

Rent updates

Article 18.1 of the Urban Leasing Act allows an update only on the anniversary and only if the lease expressly provides for it, as it has for leases signed since 2015. Since 8 October 2026 it also caps every update at the change in the IRAV, the reference index published monthly by the National Statistics Institute, and this now reaches leases signed before 26 May 2023 as well. For anniversaries between 8 October 2026 and 31 December 2027, final provision six of Royal Decree-law 29/2026 adds that there is no increase if the rent is above the applicable maximum price limit, and otherwise at most 2% without an agreement. The decree does not say how that price limit works outside a stressed zone, or how the two rules fit together.

Our rent-update guide explains how to apply an update step by step.

What else changed for landlords on 8 October

The decree also changed the rules on a tenant leaving early, costs, guarantees, repairs, the end-of-lease record, temporary lets, the tenant's two-year extension request and evictions. Which existing leases each change reaches depends on the rule and on when the lease was signed. Our guide for landlords sets them out one by one.

Lease terms and notice

The minimum term is five years when the landlord is an individual and seven when the landlord is a company or other legal person, extended year by year at the tenant's option. After that, if neither side gives notice in time (four months for the landlord, two for the tenant), the lease extends year by year for up to three more years (article 10). Royal Decree-law 28/2026 would replace that from 15 November 2026, if it is validated, with renewals of five years at a time (seven for a legal person) and compensation when the landlord does not renew, except in the cases it lists.

Agency and contract costs

Since the 2023 housing law, the costs of property management and of drawing up the contract are paid by the landlord on a main-home let. Since 8 October 2026, article 20.2 adds that they cannot be passed to the tenant directly or indirectly, under any name. Property taxes cannot be charged to the tenant either, unless the tenant is the taxpayer. If you let through an agent on the Costa del Sol, budget for the fee and say who pays it in the agency agreement.

Empty homes and the IBI surcharge

Councils may add a surcharge to the IBI, the annual property tax, on homes left empty for more than two years without a justified cause. Outside stressed zones, which today means the whole of Andalucia, it reaches only owners of four or more homes. The surcharge can be up to 50%, up to 100% after more than three years, and up to 50 further points for owners of two or more empty homes in the same town. It is optional, needs the council's own ordinance, and can start with the first IBI period after 8 October 2026, in practice 2027. A second home counts as justified for up to four years of continuous vacancy, and so does a home offered for sale (for a year) or for rent (for six months).

Landlord income tax

For leases signed after 1 December 2026, a new scale of reductions on net rent applies. Its main tiers, from 15% up to 100%, are only for landlords who are not large holders, and depend on how the rent compares with the previous lease and the reference index, the zone and the tenant's age. Leases signed before 26 May 2023 keep the reduction as it stood on 31 December 2021, and leases signed from 26 May 2023 up to 1 December 2026 keep the rules in force on 31 December 2025. Ask your tax adviser which applies to each lease.

Tourist lets

Tourist lets sit outside the Urban Leasing Act and follow the regional tourism rules; they cannot run longer than 31 days (article 5.e). In Andalucia every tourist home must be registered in the Registro de Turismo de Andalucia (RTA), under the requirements rewritten by Decreto 31/2024, and its registration code must appear in every advert. The national short-let registration number of Real Decreto 1312/2024 is no longer a duty: the Supreme Court annulled it in May 2026. The platforms' data-sharing duties under EU Regulation 2024/1028 still apply.

Buying to let

Model returns on the rules that operate in Andalucia: the IRAV ceiling on updates and the 2% default to the end of 2027, landlord-paid agency costs, a possible council IBI surcharge if you will own four or more homes and leave one empty, and the tax regime for the date the lease is signed. When you buy a let property, check the existing lease: its signing date, its update clause, and whether the tenant can ask for the two-year extension.

What to watch

• The vote on Royal Decree-law 29/2026, due by early to mid November 2026.
• Royal Decree-law 28/2026, due from 15 November 2026 if it is validated.
• Any stressed-zone declaration in Andalucia, which would appear in the Ministry's quarterly list.
• Your council's IBI ordinance for 2027.

Frequently asked questions

1. Is there a 2% cap on rent increases in Andalucia?

As a default, for now. Without an agreement, an update falling due between 8 October 2026 and 31 December 2027 cannot exceed 2%, and none applies if the rent is above the applicable price limit. In all cases article 18.1 caps the update at the change in the IRAV; the decree does not say how the two rules fit together. The decree still has to be validated or repealed.

2. Are stressed-zone measures active in Andalucia?

No. Andalucia has declared no stressed zones, so the caps on new rents in stressed zones and the five-home large-holder threshold do not operate here.

3. Who pays estate agency fees on a residential let?

The landlord, on a main-home let. Since 8 October 2026 they cannot be passed to the tenant directly or indirectly.

4. Do empty-home IBI surcharges apply everywhere on the Costa del Sol?

Only where the council adopts one in its own ordinance, from 2027 at the earliest, and in Andalucia only for owners of four or more homes. Check with the town hall where the property sits.

5. What rules govern tourist rentals in Andalucia?

The Andalusian tourism rules: registration in the RTA and the registration code in every advert. The national registration number was annulled by the Supreme Court in May 2026 and is no longer required.

Sources

Checked on 8 October 2026: Royal Decree-law 29/2026; Royal Decree-law 28/2026; the Urban Leasing Act; the Ministry of Housing's stressed-zone list of 24 July 2026; Real Decreto-ley 8/2026, showing its repeal. For what changed this month, see our post on the October decrees.

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