NEW SPAIN HOUSING MEASURES: WHAT THE LATEST EVICTION AND RENTAL CHANGES COULD MEAN FOR LANZAROTE

NEW SPAIN HOUSING MEASURES: WHAT THE LATEST EVICTION AND RENTAL CHANGES COULD MEAN FOR LANZAROTE

Nolita James |

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NEW SPAIN HOUSING MEASURES: WHAT THE LATEST EVICTION AND RENTAL CHANGES COULD MEAN FOR LANZAROTE



Spain's housing rules have changed again, with the Spanish Government approving two new housing decrees that could affect tenants, landlords and people renting homes across the country.

For people living in Lanzarote, the important point is that these are national measures. They can therefore have relevance in the Canary Islands, although some housing matters remain subject to regional and local rules.

There is also an important timing point: one of the decrees was published in the Official State Gazette (BOE) on 30 September, while the second decree covering further rental-contract stability is being dealt with separately. Both measures are due to go before Congress for convalidation, so residents should check the final legal position before relying on a measure for a particular tenancy.

WHAT HAS THE SPANISH GOVERNMENT APPROVED?


At its meeting on 29 September 2026, the Council of Ministers approved a package of urgent housing measures. The Government says the measures are intended to increase affordable housing, strengthen rental stability and provide additional protection in situations involving housing vulnerability.

The measures were divided into two Real Decreto-ley texts.

The first is already published in the BOE as Royal Decree-Law 26/2026. It includes changes affecting eviction proceedings, rental contracts, seasonal rentals and rooms, taxation and certain property acquisitions.

The second is a separate Real Decreto-ley aimed at reinforcing the stability of habitual residential rental contracts. Its parliamentary approval is still an important part of the process.

EVICTION PROTECTION EXTENDED TO 2030


One of the most widely reported changes concerns protection from eviction.

However, it is important not to interpret this as a blanket ban on every eviction in Spain.

The published decree establishes specific protections for vulnerable people who do not have an alternative home. In certain cases involving properties connected with entities covered by the legislation, courts can be required to suspend proceedings under the conditions set out in the law, with the new temporary protection extending to 31 December 2030.

The legislation also contains specific provisions for some eviction cases involving unpaid rent, including an extraordinary mechanism that can allow the situation to be addressed through the court process.

For tenants in Lanzarote, this means that anyone facing serious housing vulnerability should obtain professional legal advice rather than assuming that an eviction will automatically be stopped.

FOR RENTERS: A POSSIBLE TWO-YEAR EXTENSION


Another major change concerns existing habitual-home rental contracts.

Under the measure published in the BOE, tenants can request an extraordinary extension of up to two additional years in certain circumstances where an existing contract would otherwise end before 31 December 2028.

The extension is made in annual periods and can last for a maximum of two years.

There are conditions. Among them, the tenant must be up to date with rent and must have been up to date on a monthly basis during the previous eight months. The rules also include exceptions, including certain situations where the landlord has properly communicated a need to recover the property for personal or qualifying family use, or where the parties agree different arrangements.

This is an important distinction for anyone renting a long-term home in Lanzarote: the new two-year extension is not simply a rule saying that every rental agreement automatically lasts another two years. The tenant has to request it and the legal conditions have to be met.

WHAT ABOUT RENT INCREASES?


The new rules also introduce an extraordinary limitation on annual rent updates during the period covered by the measure.

For relevant residential rental contracts whose annual update falls between the entry into force of the decree and 31 December 2027, the amount that can be applied depends on the circumstances and any agreement between landlord and tenant.

The published legislation states that where the rent is above the applicable maximum price under the reference-price system, no increase is permitted. In other cases, the parties can agree an increase, but where there is no new agreement, the increase cannot exceed 2%.

This means tenants should look carefully at their existing contract, the date of its annual review and the specific legal circumstances before calculating what their next rent payment should be.

SEASONAL RENTALS AND ROOM RENTALS UNDER THE SPOTLIGHT


This part could be particularly interesting for people following the Lanzarote rental market.

The new legislation introduces a more detailed framework for seasonal rentals and room rentals. One of its stated aims is to prevent contracts described as temporary arrangements from being used where the person's real housing need is permanent.

The decree says that a seasonal or room-rental agreement without an express and genuine reason demonstrating the tenant's temporary need can be treated as a habitual residential rental contract.

There are also rules concerning room rentals. The combined amount charged for rooms in a property cannot exceed the rent that could apply to the property as a whole under the relevant rules.

The legislation also says that national measures do not prevent the Canary Islands or other autonomous communities from applying their own rules where they have competence.

For Lanzarote, this is an area worth watching closely because the island has a mixture of long-term residential rentals, seasonal accommodation and tourism-related accommodation. The legal classification of a particular property matters, and a tourist stay should not automatically be treated in the same way as a normal residential tenancy.

DOES THIS CHANGE HOLIDAY RENTALS IN LANZAROTE?


The new housing rules are primarily concerned with housing and rental arrangements covered by the relevant legislation. A normal holiday stay booked as tourist accommodation is not simply converted into a two-year residential tenancy because of these measures.

However, the decree does contain changes relating to taxation and the use of properties, while the wider regulatory framework for holiday accommodation continues to evolve.

Anyone operating a holiday rental, seasonal rental or room rental in Lanzarote should therefore check the rules that apply to the particular property and activity rather than assuming that one national housing measure covers everything.

WHAT ABOUT PROPERTY OWNERS?


The changes are not limited to tenants.

The published decree includes tax measures designed to encourage certain forms of affordable residential renting, including enhanced tax reductions in specified circumstances.

There are also measures concerning properties that remain permanently empty. Municipalities can apply certain IBI surcharges to qualifying vacant residential properties, subject to the conditions and limits set out in the legislation.

Another measure affects certain entities whose corporate purpose includes acquiring property. Until 31 December 2028, the decree restricts covered entities from acquiring a home for less than 70% of its market valuation in the circumstances specified by the law, with exceptions.

WHAT HAPPENS NEXT?


A Real Decreto-ley can enter into force after publication, but it must subsequently be submitted to Congress for convalidation or repeal.

The Spanish Government has requested an extraordinary parliamentary sitting for Friday 2 October 2026 to deal with the two housing decrees.

That means the situation is still developing.

For tenants and landlords in Lanzarote, it would be sensible not to make a major decision based solely on headlines about the new housing package. The exact wording of the legislation, the status of the parliamentary vote and the circumstances of the individual rental contract all matter.

WHAT DOES IT MEAN FOR LANZAROTE RESIDENTS?


For people living permanently in Lanzarote, the biggest potential changes are around rental security, eviction protection, annual rent increases and the rules governing seasonal or room rentals.

For landlords, the new rules could mean greater obligations in some areas, but they also contain tax incentives and other provisions designed to encourage residential renting.

For people planning to move to Lanzarote, the changes are another reason to distinguish between a genuine long-term residential tenancy and temporary or tourist accommodation.

And for visitors, there is no reason to assume that these measures will suddenly change an ordinary holiday booking.

The Spanish housing market remains a fast-moving area of legislation. In Lanzarote, where the availability and cost of homes for residents is an important local issue, these changes are likely to be watched closely over the coming weeks.
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