Seasonal Lets in Spain After RDL 29/2026: New Rules for Second-Home Owners
Spain property update · 20 October 2026
Short answer: Since 8 October 2026, a seasonal or temporary let of a home in Spain needs a real, provable reason why the tenant is away from their usual home. It must last more than 31 days and, as a rule, no more than 12 months. If it runs longer without justification, or you sign more than two consecutive contracts with the same tenant, the law treats it as an ordinary residential lease from the start. The rules come from Royal Decree-law 29/2026, which still has to be validated by Parliament.
Key facts at a glance
- Who: owners who let a home in Spain for stays of between one and twelve months, such as winter lets on the Costa del Sol or mid-term lets in Palma.
- What: Article 3 of Royal Decree-law 29/2026 amends the Urban Leases Act (LAU) for temporary and room lets.
- Where: all of Spain. Regional rules on temporary and room lets are preserved.
- When: published in the BOE on 7 October 2026; in force since 8 October 2026.
- Tourist lets: stays of 30 nights or fewer are dealt with separately, including 10% VAT from 1 December 2026.
- Not confirmed: whether the Permanent Deputation of Congress validates the decree. If it does not, the decree is repealed, as happened to the previous version on 2 October 2026.
What has happened and the source
On 6 October 2026 the Council of Ministers approved Royal Decree-law 29/2026 on the social function of housing. It was published in the BOE on 7 October and came into force the next day. It largely repeats Royal Decree-law 26/2026, which Congress rejected on 2 October.
The decree’s preamble explains that Article 3 changes the Urban Leases Act so that:
- a temporary let requires “a real and provable cause of displacement from the habitual residence” (for example, work, study or medical treatment);
- it must last more than thirty-one days and, as a general rule, not more than twelve months;
- a let that runs beyond twelve months without justification, or more than two consecutive contracts between the same parties for the same home, is treated as a habitual residential lease from the first contract;
- rent increases between successive temporary contracts on the same home are limited by the official rental index (IRAV);
- when rooms are let separately, the total rent of all room contracts cannot exceed the rent of the whole home.
Article 20 adds that rental adverts must show the property’s registration number where one exists.
What it means for second-home owners
Many foreign owners let their Spanish home for part of the year: a winter let in Marbella, a few months in Palma for a visiting professional, or an academic-year let in Málaga. These lets are usually signed as arrendamientos de temporada, which until now had fewer rules than an ordinary residential lease.
Under the new rules, the contract must state why the tenant needs the home temporarily, and you should keep evidence of it, such as an employment letter, study enrolment or medical appointment. A contract that simply calls itself “seasonal” is no longer enough.
The biggest risk is reclassification. If the let is treated as a habitual residential lease, the tenant gains the protections of the Urban Leases Act, including the right to extend the contract for up to five years, or seven if the landlord is a company. For an owner who wants the home back for the summer, that is a serious change.
Validation pending. A royal decree-law must be validated by Congress within 30 days. With the Cortes dissolved for the 29 November election, the vote falls to the Permanent Deputation and was expected in November at the time of writing. The rules apply now, but could lapse if the decree is rejected.
Timeline
Housing decrees: key dates in autumn 2026
Official dates; validation vote not yet held
Source: BOE, Royal Decree-law 29/2026 (BOE-A-2026-20823), 7 October 2026; Congress vote of 2 October 2026.
What to check
| Length of stay | How it is treated | What to check |
|---|---|---|
| 30 nights or fewer | Tourist or short stay | Tourist licence where required; 10% VAT from 1 December 2026 if not your habitual residence. |
| More than 31 days, up to 12 months | Temporary let | A real, documented reason for the stay, stated in the contract; registration number in any advert. |
| Over 12 months without justification | Habitual residential lease from the start | Tenant protections, extensions and rent rules of the Urban Leases Act. |
| Third consecutive contract, same tenant | Habitual residential lease from the first contract | Review renewals before you offer them. |
Also check the regional rules. In the Balearic Islands and Andalusia, letting to tourists needs its own registration, and many flats cannot be let to tourists at all. See our guides to tourist rental licences in Mallorca and community approval for tourist flats.
Legal context
The Urban Leases Act (Law 29/1994) distinguishes leases for a habitual residence from leases for other uses, which include seasonal lets. Habitual residential leases carry minimum terms and tenant protections. The 2023 Housing Law and the 2026 decrees have narrowed the space for using seasonal contracts in place of ordinary leases.
Royal Decree-law 29/2026 also contains measures on rent increases, contract extensions and tourist lets. We cover these in our guide to Spain’s housing law and the October 2026 decrees and our article on 10% VAT on Balearic tourist lets.
Next steps
- Review any temporary contract signed or renewed since 8 October 2026.
- For new lets, state the tenant’s reason for the stay in the contract and keep copies of the evidence.
- Do not chain contracts with the same tenant without advice.
- Check that your adverts show the registration number where one applies.
- Follow the validation vote in the Permanent Deputation.
Frequently asked questions
Can I still let my Spanish holiday home for the winter?
Yes. A let of more than 31 days and up to 12 months is still possible as a temporary let, but the tenant must have a real, provable reason for being away from their usual home, and this should be stated in the contract.
What happens if I renew a seasonal contract with the same tenant?
Under Royal Decree-law 29/2026, more than two consecutive contracts between the same parties for the same home turn the arrangement into a habitual residential lease from the first contract.
Are these rules already in force?
Yes. They have applied since 8 October 2026. The decree still has to be validated by the Permanent Deputation of Congress, and would lapse if rejected.
Do the rules apply to tourist lets of a few nights?
No. Stays of 30 nights or fewer are tourist or short stays, with their own licensing rules and, from 1 December 2026, 10% VAT where the home is not the owner’s habitual residence.
Related guides
Letting your home in Spain?
Ask an independent property lawyer to review your seasonal contract before your next tenant signs.
Source and scope: BOE, Royal Decree-law 29/2026 of 6 October (BOE-A-2026-20823), published 7 October 2026, in force 8 October 2026, preamble and Articles 3, 7 and 20; Congress vote on Royal Decree-law 26/2026, 2 October 2026. The quoted requirements are taken from the decree’s official summary; check the consolidated text in the BOE for the exact wording. Information correct at 20 October 2026. General information, not individual legal advice.
Sophie Gutenberg is a legal content specialist focused on Spanish property law, real estate transactions, conveyancing, due diligence and tax issues affecting international property buyers in Spain. She works alongside qualified Spanish property lawyers .
