The government has approved two housing and rental decrees in recent weeks, and the one that matters most to landlords is already in force: Royal Decree-Law 29/2026, published in the Official State Gazette (BOE) on 7 October. Its headline measure is a 2% cap on annual rent increases. The other decree, 28/2026, does not yet have the parliamentary support it needs, so its future depends on Congress.
What is in force since 8 October
The rule is in the decree’s sixth final provision and covers residential leases whose annual update falls between 8 October 2026 and 31 December 2027. If the rent is above the upper limit set by Serpavi, Spain’s state rental price reference system, it cannot rise at all: it is frozen. In all other cases, it rises by whatever the parties newly agree and, without agreement, by 2% at most. The decree makes no distinction between small landlords and large holders.
The decree also provides for extraordinary extensions of up to two years for habitual-residence leases expiring before 31 December 2028, provided the tenant is up to date with rent. In addition, evictions of vulnerable people without a housing alternative are suspended until 31 December 2030.
What is still pending
Royal Decree-Law 28/2026 is due to take effect on 15 November, but it needs Congress to ratify it, and there are doubts about whether it will pass. It contains more far-reaching changes, such as automatic five-year extensions for individuals and seven years for legal entities. The new rules on seasonal lets, by contrast, are part of 29/2026 and already apply: the contract must state a genuine temporary reason and, as a general rule, cannot exceed twelve months. Because both decrees must be ratified, the final text could still change.
| Measure | Status | Key date |
|---|---|---|
| 2% cap on rent increases | In force (RDL 29/2026) | Until 31/12/2027 |
| Extraordinary extension of up to 2 years | In force (RDL 29/2026) | Leases expiring before 31/12/2028 |
| Automatic 5- or 7-year extensions | Pending (RDL 28/2026) | 15/11/2026, subject to ratification |
| Restrictions on large-holder purchases | In force (RDL 29/2026) | Until 31/12/2030 |
What landlords in Málaga should review
If you rent out a flat in the city of Málaga, Marbella or elsewhere on the Costa del Sol, the first step is to check when your contract expires and the current rent. Then compare that rent with the upper Serpavi value for your home: if it is higher, the rent is frozen; if not, the update is limited to whatever you newly agree or, without agreement, to 2%, and it is worth putting any agreed increase in writing. Houses, villas, flats over 150 m² and new builds have no Serpavi value, so they are not frozen, but without a new agreement they cannot rise by more than 2% either.
It is also worth reviewing the tax position. The decree allows town councils to apply IBI surcharges on empty homes and on holiday rentals in tense areas. Each municipality decides whether to do so, so the answer depends on where your property is.
Frequently asked questions
Can I raise the rent by more than 2% if the tenant agrees?
Yes, unless the rent is above the Serpavi limit: in that case it cannot rise at all, even if the tenant agrees. In all other cases, including homes with no Serpavi value, whatever is newly agreed applies, for small landlords and large holders alike.
What is a large holder?
According to the text reviewed, it is anyone owning more than 10 homes or more than 1,500 m² of residential space. In tense areas the threshold can drop to five homes if justified.
Are the lease extensions already in force?
The extraordinary extension of up to two years is part of RDL 29/2026, which is in force. The automatic five- or seven-year extensions in RDL 28/2026 do not apply yet and depend on its ratification.
What happens if Congress does not ratify the decrees?
If it is not ratified within 30 working days, the decree-law is repealed and stops applying from that point; what happens to anything applied while it was in force will depend on each case. Because Parliament has been dissolved, the vote now falls to the Standing Committee of Congress (Diputación Permanente). That is why it is worth following the vote and consulting a professional before making decisions.
Conclusion
The 2% cap is already a reality for most landlords, while the automatic extensions remain uncertain. Before raising the rent or renewing a contract, review the conditions with an adviser. EVS Property Group can advise you on the rental value of your property and how the rules affect your specific case.
