The Housing Rights Act published by the BOE in May is a key element of the Recovery, Transformation and Resilience Plan. According to the La Moncloa website, the text introduces measures to boost affordable housing supply, ease tensions in the rental market, and assist young people and vulnerable groups in securing housing. It also presents proposals for autonomous communities and municipalities to monitor or reduce rental prices and to expand social rental stock.
This rule has sparked intense debate in recent years. It establishes a rental price ceiling of 3 percent, with the possibility of review until 2025. It also defines the threshold for what constitutes a large property owner by specifying a minimum number of homes owned by an individual or legal entity, set at five.
The major shift in housing law affects renters directly
Renters know there are several costs that complicate the path to a first home. Upfront deposits can stretch beyond a month, depending on the contract type. In many cases, real estate portals require a fee or commission paid by the tenant to the agency managing the operation. These upfront costs have long been a barrier for many looking for housing.
Parliamentary groups stated a clear principle: the tenant should not bear expenses and fees associated with renting, and the responsibility for these costs rests with the property owner.
Under the new law, tenants or landlords will no longer have to pay agency fees at the time a home is rented. This change aims to end the practice of imposing inflated real estate charges that deter especially young people from accessing housing. Real estate services will no longer be a burden on tenants; instead, the agency will operate under arrangements where the owner ultimately bears the costs of the service.
Law No. 12/2023 dated 24 May on the right to housing was published in the BOE
On Thursday, May 25, Law No. 12/2023 on the right to housing, dated May 24, was published in the Official State Gazette. From May 26 onward, it becomes illegal for real estate agencies to charge tenants any management fees, and these charges are redirected to homeowners. Autonomous communities will also gain authority to regulate rents. This shift aligns housing policy with a broader goal of stabilizing the rental market and expanding access for a wider segment of the population.
These changes reflect ongoing efforts to balance market dynamics with social objectives, ensuring that housing remains accessible while preserving the incentives for landlords to offer rental properties. The new framework is designed to support families, students, and individuals who are navigating the rental market in today’s economy. In practice, it signals a move toward clearer cost structures and stronger protections for renters while giving regional authorities tools to influence pricing and supply.
Notes for readers emphasize the practical impact of the law for renters and property owners alike, highlighting how the enforcement shift reduces upfront barriers and promotes more transparent pricing across the housing sector. It also underscores the role of local governments in shaping rental policies to reflect regional housing needs. Acknowledgments from parliamentary groups stress that these measures are part of a larger national strategy to improve housing access and affordability for all citizens.
Attribution: Government of Spain and parliamentary communications discuss the policy’s aims and implementation plan.