Spain’s 2026 rental decree withdrawn: what does it mean if you are buying a Costa Blanca property to rent out?

Updated on October 2, 2026: The Congress de los Diputados has revoked Real Decreto-ley 26/2026 today. The official resolution has been published in the BOE (BOE-A-2026-20526). The decree entered into force on 1 October, but has not been ratified. Therefore, the special rules of this decree may no longer be used as current rules for new rental contracts.

Whoever purchases a house on the Costa Blanca does that long not always with one single purpose. Maybe you want to stay there for a few months a year and rent the house during the other months. Or you are thinking of hiring during the summer to vacation passengers and during the winter to Belgian or Dutch winters.

On 1 October 2026 a new national decree on housing lease came into force. Congress repealed this on 2 October. That changes the information on temporary lease given at the first publication of this article.

Therefore, it is important to think about how you want to use and rent the property later before buying a house.

For the owners of the Costa Blanca, we need to distinguish between three types of rental:

1. tourist or holiday rentals;
2. temporary or seasonal rental;
3. Normal housing as the main residence.

Vacation Rental at the Costa Blanca

For houses on the Costa Blanca, among other things, the tourism regulations of the Comunidad Valenciana apply.

According to the law, a house is Apartment of Usos Turístico considered when it is rented to the same rental for a period of up to 10 consecutive days, as far as the other conditions for tourist rental are also met.

A typical holiday home, for example, which is rented per week, thus falls in principle within this tourist rental regime.

Consider for example:

• 7 days rental to a vacation entrance → tourist/vacation rental;
• 10 days on the same holiday entrance can also be tourist rental;
• from 11 consecutive days to the same tenant → the rental according to the Valencia definition is no longer considered as the rental of a tenant Apartment of Usos Turístico.

However, this latter does not automatically mean that any rental from 11 days is possible without further conditions. From that moment, it is necessary to check which other rental regime applies to the actual situation.

Can any property be rented for tourists?

No is.

The fact that you buy a property on the Costa Blanca does not automatically mean that you can rent that property as a holiday home.

Depending on the housing and municipality, tourism, urban, municipal and other regulations can play a role.

Whoever runs on revenues from holiday rental when purchasing, therefore, makes it good to check before the purchase if tourist rental is possible for that particular property.

And what about rental between 11 and 31 days?

This is a special point of attention.

According to the regulations of the Comunidad Valenciana, a rental to the same ten consecutive days is no longer under the definition of a rental to the same ten consecutive days. Apartment of Usos Turístico.

The boundary of more than 31 days for temporary housing rental was in the already withdrawn national decree. That boundary is therefore not a valid general condition on which you can base a new rental contract. The Valencia boundary of 10 days for tourist housing is not changed by the withdrawal.

It is therefore important to not simply assume that for lease periods between 11 and 31 days the one or the other regime is automatically applied.

Those who intend to rent their property regularly for such periods, let therefore best legally check in advance which rental regime falls under the actual rental.

Temporary or seasonal rental in Spain

For many foreign owners on the Costa Blanca this is ⁇ interesting.

For example, think of someone who uses his apartment during the spring and summer, but during the winter it rents for a few months to a Belgian or Dutch who comes to Spain in winter.

For example: from 1 November to 31 March rented to a Belgian tenant who retains his permanent main residence in Belgium.

Such a stay may fall under temporary or seasonal rental when there is actually a temporary residence need. A main stay abroad does not prove in itself that all conditions have been met.

Even after the withdrawal, it remains important to clearly figure out why someone is temporary and which rent system is suitable for that use.

Only ‘season rental’ on the contract is not enough

The temporary reason must:

• Really existing;
• are demonstrated;
• It is clearly included in the rental contract.

The tenant must be able to undermine that temporary situation.

For example, in the case of a winter carrier, it may be relevant that the tenant retains his permanent main residence in Belgium or the Netherlands and only for a certain period of time in Spain.

Therefore, it is important to use not only a standard contract for temporary rental, but also to clearly determine why the stay is temporary.

If the temporary reason does not actually exist or it may be proved insufficient, there is the risk that the rental is legally considered a normal housing rental.

How long can the temporary rental last?

The withdrawn arrangement provided for more than 31 days and in principle a maximum of 12 months, with specific rules for consecutive contracts. These limits may no longer be proposed as applicable general rules for new temporary lease. Let the appropriate duration and contract conditions be assessed based on the applicable legislation and the actual temporary need.

Important: Can a temporary rental leave earlier?

This may be financially important for someone who purchases a property with the intention of renting it for a few months per year.

The withdrawal prescribes a termination provision after at least one month with a minimum of 10 days notification, without a termination fee. By withdrawal you cannot use this arrangement as a general legal termination right for new seasonal contracts. Let the termination conditions in the concrete contract check.

Practical example

Imagine you rent your apartment from November to March for five months to a winter car.

What possibilities the tenant has to leave earlier depends on the applicable rental regime and the valid contract terms. Do not automatically count on five-month guaranteed rental income and do not base your calculation on the settlement rule of the withdrawal decree.

For buyers who calculate the possible rental return of a property, this is therefore an important point of attention.

Existing contracts, guarantees and costs

The specific transitional arrangement, the limitation of the additional guarantee to one month and the new provisions on costs and insurance from Real Decreto-ley 26/2026 may not be used as the general rules applicable for new temporary contracts after withdrawal. For agreements or acts during the short period in which the decree was in force, a separate legal assessment is required. The withdrawal does not mean that previously arising legal consequences without any further disadvantage. Check guarantee, additional guarantees, costs and withdrawal based on the applicable regime.

Can I rent and use my home?

And that’s exactly what’s interesting for many buyers on the Costa Blanca.

You would have a house for example:

• can use several months per year;
• may rent for holidayers during certain periods, if tourist rental is permitted for that property;
• For longer periods, for example, winterers can rent under the applicable regime for temporary rental.

Therefore, it is not necessary to choose between using or renting yourself. but the way you rent determines which rules apply.

Therefore, it is wise to think about your final goal all during your search for a home.

Ordinary Housing Rental as Main Residence

A very different situation occurs when someone does not temporaryly use the house, but there are normal permanent main residence of making.

Then we talk about ordinary housing rentals and the extended protection rules apply to rentalers of their main housing.

Also the changes and temporary measures for main housing rental from Real Decreto-ley 26/2026 have been withdrawn.These measures should therefore not be presented as applicable new rules for rental prices adjustments or renewals.

For the typical foreign buyer of a second stay on the Costa Blanca, especially the difference with holiday and temporary rental is important.

Shortly summarized

First think about the use, then find the right home.

When you buy a house on the Costa Blanca, we look for location, view, quality, price and comfort.

But if you want to rent the house in part, there is another important question:

What do you want to do with the house when you’re not there?

A property that is mainly intended for its own second stay may have to meet other criteria than an apartment that should be rented to holidayers during the summer.

And whoever is mainly interested in longer winter rental to winterers has again other points of attention.

At Sunstates, therefore, we find it important not only to look at which property you want to buy, but also how you want to use that property later.

Look at us Current new construction offer or read more about it Purchasing process in Spain.

Official sources

• BOE: Congress de los Diputados resolution of 2 October 2026 — withdrawal of Real Decreto-ley 26/2026
• BOE: Real Decreto-ley 26/2026, now withdrawn
• BOE: Ley de Arrendamientos Urbanos, current text
• Generalitat Valenciana: conditions for viviendas de uso turístico

This article contains general information and does not constitute individual legal or tax advice. The regulations may vary depending on the housing, municipality, rental form and personal situation. Let concrete rental plans check the applicable regulations for the specific housing.