Spain’s new Housing Right Law, part of a broad reform package, was published in the official state gazette as part of the Recovery, Transformation and Resilience plan. The measure is described as aiming to expand the supply of affordable housing, reduce tensions in the rental market, and help young people and vulnerable groups gain access to housing. It also provides regions and municipalities with tools to curb rent growth and to increase the stock of socially rented homes.
This rule, one of the most debated in recent years, includes a cap on rent growth set at 3 percent with a possible review in 2025. It also sets a threshold of five dwellings for a person or entity to be considered a major landlord.
The big change the Housing Law brings for people who rent
Counters to the rental market have long included upfront costs that block many from securing their first home: a security deposit that can exceed one month’s rent depending on the contract, and often a fee charged by portals or agencies managing the transaction, a cost borne by the renter in many cases.
Under the new framework, the costs and commissions associated with renting a property will be charged to the owner. This marks a shift away from placing the burden on the tenant for agency-related expenses.
As a result, from the moment the law comes into effect, the agency fee paid during a rental will be the responsibility of the property owner. This move ends abusive real estate charges that have blocked access to housing for many people, especially younger individuals. The service provided is oriented toward the owner, so the owner must cover the costs generated by that service.
La Ley 12/2023 de 24 de mayo por el derecho a la vivienda se publica en el BOE
In practical terms, this law makes it illegal to charge tenants any management fees for a rental and requires those costs to be borne by the property owner. It also grants regional authorities the power to regulate rents within their territories.