Comparison between Royal Decree-law 27/2026, of 29 September, repealed by the Congress of Deputies, and Royal Decree-law 28/2026, of 6 October (Official State Gazette – BOE no. 249, of 7 October 2026), which reforms article 10 of the Spanish Urban Leases Act (LAU) and will enter into force on 15 November 2026.
Quick answer
- What is it? Royal Decree-law 28/2026, of 6 October (BOE of 7 October 2026), which reforms article 10 of the Urban Leases Act (LAU) and will enter into force on 15 November 2026, pending validation.
- What does it keep from RDL 27/2026? Successive five-year extensions (seven if the landlord is a legal entity), the landlord’s six-month notice period and compensation for non-renewal.
- How much is the compensation? The higher of twelve months’ rent at the upper value of the reference range or one month’s rent per year of residence.
- What happened to RDL 27/2026? Congress agreed to repeal it.
- Is it final? No: it must be validated by Congress.
Before you read on. This article compares a repealed rule with a royal decree-law that has just been published and is pending validation. Its content may change or lapse. It is informational and does not replace legal advice: each lease must be analysed separately.
Contents
- What happened to RDL 27/2026
- Differences between RDL 28/2026 and RDL 27/2026
- Compensation calculation example
- What stays the same
- What to do now
- Validation of RDL 28/2026
What happened to RDL 27/2026
Royal Decree-law 27/2026, of 29 September, was repealed by the Congress of Deputies: the repeal agreement was published by Resolution of 2 October 2026 (BOE-A-2026-20527). Royal Decree-law 28/2026 brings back the model of extensions and compensation, with the adjustments set out in the table. You can read our analysis of RDL 27/2026 in our earlier article.
Differences between RDL 28/2026 and RDL 27/2026
Royal Decree-law 28/2026 keeps the model of Royal Decree-law 27/2026: successive five-year extensions (seven if the landlord is a legal entity) and compensation for the tenant when the landlord decides not to renew. It does, however, introduce relevant adjustments:
| Topic | RDL 27/2026 (repealed) | RDL 28/2026 (pending validation) |
|---|---|---|
| Validity | In force from 2 October 2026. Repealed. | Will enter into force on 15 November 2026. Pending validation. |
| Amount of compensation | “At least” 12 months’ rent of a comparable home, using the State reference system “whenever possible”. Minimum: 1 month’s rent per year of residence. | The higher of: 12 months at the upper value of the home’s range in the State reference system, or 1 month per year of residence. Without a reference value: current lease rent. |
| Tenant entitled to a mandatory extension | Loses compensation whether or not the extension is requested. | Only loses it if the extension is not requested. If requested, compensation is paid at the end of the extension. |
| Landlord needing the home | Relatives “in the second degree”. | Relatives “up to the second degree”. In stressed areas, “first degree”. |
| Landlord vulnerability as an exclusion | Existed as an open-ended ground. | Removed. |
| End of extraordinary extensions | Not regulated. | The lease terminates without a new notice and compensation is paid then. |
| Non-renewal notices already sent | Only mentioned in the preamble. | Valid notices sent before publication of the royal decree-law (7 October 2026) remain effective and give rise to no compensation. |
| Leases in tacit renewal | New regime after a four-month period. | New regime from the first expiry after entry into force. |
Compensation calculation example
Example · A tenant has lived in the home for 9 years and the upper reference value is EUR 1,200 per month. What compensation is due if the landlord does not renew without relying on any exclusion?
Answer. The higher of 12 × 1,200 = EUR 14,400 or 9 × 1,200 = EUR 10,800, that is, EUR 14,400, payable on return of the home.
What stays the same
Unchanged: 6 months’ notice for the landlord and 2 for the tenant; the exclusions for not actually living in the home, another home in the municipality, a new lease or rejection of an offer of a new lease; the buyer’s obligation to pay the compensation if the home is sold; and the extensions for vulnerability and in stressed areas.
If, on entry into force, less than six months remain before the lease expires, the landlord may give notice of at least four months.
What to do now
- Landlords: check each home’s reference value before giving notice of non-renewal, and state in writing, in detail, any exclusion relied on.
- Non-renewal notices: valid notices sent before publication of RDL 28/2026 remain effective and give rise to no compensation. Later notices must take the new regime into account, which applies from its entry into force on 15 November 2026.
- Investors: include the expiry calendar and potential compensation cost of each unit in due diligence.
Validation of RDL 28/2026
According to its preamble, the Cortes Generales have been dissolved and elections called. Validation of Royal Decree-law 28/2026 therefore falls to the Standing Committee (Diputación Permanente) of Congress (art. 78.2 of the Constitution), within thirty days of its promulgation. If it is not validated, the royal decree-law is repealed and never takes effect.
Barcelona, 7 October 2026
For information purposes only; this is not legal advice. The calculation example is illustrative. For a full analysis, contact SANDIN ABOGADOS.
Do you have primary-residence leases coming up for renewal?
At Sandin Abogados we review your leases, calculate the impact of the new extension and compensation regime, and prepare notices on time and in the right form.
Author: Susana Sandín Llorente, lawyer and Executive MBA, Sandin Abogados.
Published: 8 October 2026 · Last updated: 8 October 2026
Notice: this article is informational and not legal advice. The decree is pending validation and may change. Consult a professional before making decisions.
Sources: Royal Decree-law 28/2026, of 6 October (BOE no. 249, of 7 October 2026, BOE-A-2026-20822) · Resolution of 2 October 2026 on the repeal of RDL 27/2026 (BOE-A-2026-20527) · Royal Decree-law 27/2026 (BOE-A-2026-20385) · Act 29/1994 on Urban Rentals (art. 10).
