Comparison between Royal Decree-law 26/2026, of 29 September, repealed by the Congress of Deputies, and Royal Decree-law 29/2026, of 6 October (Official State Gazette – BOE no. 249, of 7 October 2026), in force since 8 October 2026.
Quick answer
- What is it? Royal Decree-law 29/2026, of 6 October (BOE of 7 October 2026), in force since 8 October 2026 and pending validation. Thus, the Government approved it in place of RDL 26/2026.
- What happened to RDL 26/2026? Congress agreed to repeal it, so it no longer applies.
- What changes? The 70% restriction is extended to 31 December 2030, a certified appraisal is required and there is a new regime for rental advertisements. In addition, the Social Impact Fund (EUR 400 million) and the TU CASA line (EUR 10 billion) are funded.
- Is it final? No, since 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 This article compares a repealed rule with a royal decree-law that has just been published and is pending validation. Therefore, its content may change or lapse. In addition, it is informational and does not replace legal advice, because each case must be analysed separately.
Contents
- What happened to RDL 26/2026
- Differences between RDL 29/2026 and RDL 26/2026
- What stays the same
- Relationship with RDL 28/2026
- What to do now
- Validation of RDL 29/2026
- Frequently asked questions
What happened to RDL 26/2026
Royal Decree-law 26/2026, of 29 September, was repealed by the Congress of Deputies: the repeal agreement was published by Resolution of 2 October 2026 (BOE-A-2026-20526). Thus, RDL 29/2026 brings back a large part of its measures with adjustments, set out in the table. In addition, you can read our analysis of RDL 26/2026 in our earlier article.
Differences between RDL 29/2026 and RDL 26/2026
Royal Decree-law 26/2026 has been repealed and the Government has approved in its place Royal Decree-law 29/2026, which reproduces most of its content with some adjustments. These are the relevant changes:
| Topic | RDL 26/2026 (repealed) | RDL 29/2026 (in force) |
|---|---|---|
| Validity | In force from 1 October 2026. Repealed on 2 October 2026. | In force from 8 October 2026. Pending validation. |
| Restriction on purchases below 70%: period | Until 31 December 2028. | Until 31 December 2030. |
| 70% restriction: who is affected | Any entity whose corporate purpose includes acquiring real estate. | Entities buying properties or non-performing loan portfolios clearly below value, and corporate large holders (including their group). |
| 70% restriction: calculation | Price compared with market appraisal value. | Certified, independent appraisal at the date of the binding agreement, provided by the buyer. The total effective consideration counts. |
| Code of Good Practice and enforcement | Code agreed with the housing authority. Judicial and mortgage enforcement awards always excluded. | Code approved by the Council of Ministers, with adherence and compliance. Awards only excluded if the enforcing party has adhered. Until the Code is approved, these exceptions do not operate. |
| Stay of eviction after purchase | Did not exist. | New: if these entities buy or are awarded, below 70%, the primary residence of a vulnerable person, eviction is stayed until 2030. |
| Evictions | The Administration pays rent and utilities. Extraordinary payment of arrears in all cases under art. 250.1 of the Civil Procedure Act. | Court costs and late-payment interest added. Extraordinary payment of arrears limited to evictions for non-payment. |
| Rental advertisements | No specific rules. | New art. 20: reference index, rent cap, unit identification code and large-holder status. |
| Lease extension (art. 10 LAU) | Only amended paragraph 1. | Full rewording of the article, including the extraordinary extensions for vulnerability and in stressed areas. |
| Funding | Social Impact Fund and TU CASA line without specific funding. | Social Impact Fund: EUR 400 million. TU CASA: EUR 10 billion, no age limit, for primary residences, with capped rent if let. |
What stays the same
Everything else remains: temporary and room rentals, chargeable expenses, large-holder definition, pre-emption in block sales, two-year extraordinary extension (on the tenant’s request, if rent has been paid up to date for the previous eight months), 2% cap on rent reviews until 31 December 2027, tax measures and assignment of mortgage loans.
Relationship with RDL 28/2026
Royal Decree-law 28/2026, approved on the same day, also reforms article 10 LAU and will enter into force on 15 November 2026, if validated. Under its first additional provision, the two-year extraordinary extension of RDL 29/2026 does not apply when the extension under article 10.1 LAU applies. For further detail, you can read our comparison of RDL 28/2026 and RDL 27/2026.
What to do now
- Repeat extraordinary extension requests made while Royal Decree-law 26/2026 was in force, since the new decree does not expressly validate them.
- Review leases, sales and advertisements made between 1 and 7 October.
- Obtain a certified appraisal for home purchases by funds or large holders.
Validation of RDL 29/2026
According to the preamble of Royal Decree-law 28/2026, approved on the same date, the Cortes Generales have been dissolved and elections called. Validation of Royal Decree-law 29/2026 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.
Frequently asked questions
Question · Is RDL 26/2026 still in force?
Answer. No, since the Congress of Deputies agreed to repeal it. Thus, the Resolution of 2 October 2026 (BOE-A-2026-20526) ordered the agreement to be published.
Question · Since when is RDL 29/2026 in force?
Answer. Since 8 October 2026, that is, the day after its publication in the BOE. However, it is pending validation.
Question · Until when does the restriction on purchases below 70% apply?
Answer. Until 31 December 2030, whereas RDL 26/2026 set it at 31 December 2028.
Barcelona, 7 October 2026
For information purposes only; this is not legal advice. For a full analysis, contact SANDIN ABOGADOS.
Are you buying homes as an investor or do you have affected leases?
Therefore, at Sandin Abogados we analyse the impact of RDL 29/2026 on your purchases, leases and advertisements, and help you act 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 29/2026, of 6 October (BOE no. 249, of 7 October 2026, BOE-A-2026-20823) · Resolution of 2 October 2026 on the repeal of RDL 26/2026 (BOE-A-2026-20526) · Royal Decree-law 28/2026 (BOE-A-2026-20822).
