Rentals · Barcelona
Rental decree-laws repealed: what happens now in Barcelona
On 2 October 2026, Congress rejected the ratification of the two housing Royal Decree-Laws. What does this mean for rents, tenancy extensions and landlords’ contracts in Barcelona?
If you arrived here looking for the “decreto Maricarmen”, this is the position: Royal Decree-Laws 26/2026 and 27/2026, approved on 29 September, were repealed on 2 October after Congress refused to ratify them.
The key point for landlords: the repeal of these new measures does not remove Barcelona’s rent limits or all statutory tenancy extensions. Nor does it automatically invalidate contracts signed or legal situations arising while the decrees were in force.
Which rental measures no longer apply?
The rejection affects two separate laws. Royal Decree-Law 26/2026 brought together measures on housing, rents and tenancy extensions. Royal Decree-Law 27/2026 introduced a new renewal system for main-residence tenancy agreements.
Rental management returns to the previous legal framework, without prejudice to any legal effects arising while the decrees were in force.
| Measure in the decrees | Effect of the repeal |
|---|---|
| Extraordinary extension of up to two yearsThe new extension at the tenant’s request, subject to the requirements of Royal Decree-Law 26/2026. | This specific extension no longer applies. Other extensions that may apply to the tenancy still need to be checked. |
| Rent freezes and a 2% capThe extraordinary regime provided for no increase in certain cases and, in others, a 2% limit in the absence of a new agreement. | That extraordinary regime does not remain in place. Rent reviews must be calculated under the rules applicable to the contract. |
| Five- or seven-year renewals and six months’ noticeRoyal Decree-Law 27/2026 introduced successive renewals, increased landlords’ notice from four to six months and provided for compensation in certain cases of non-renewal. | Those changes no longer apply. The tenancy term, notice periods and any exceptions must be reviewed under the legal regime governing each contract. |
| New national rules for temporary and room rentalsThese formed part of the rental reform. | Their repeal does not remove the Catalan rules governing these types of rental. |
| Changes to fees, expenses and guaranteesThe decrees introduced new conditions and restrictions. | The previous applicable rules are restored. Existing obligations remain, including landlords’ responsibility for agency and contract preparation fees in residential tenancies governed by those rules. |
The package also included tax changes and eviction protection measures. Its rejection does not remove all existing tax deductions or allow a property to be recovered outside the legal process.
Which Barcelona rules remain despite the repeal?
Barcelona remains a designated stressed residential market area. The national and Catalan legislation that already applied must still be taken into account.
If you are signing a tenancy agreement
Rent limits still apply
To calculate the rent for a new contract, the previous rent, large-landlord status and the application of the national reference system must be reviewed, as appropriate. The rejection of the decrees does not allow landlords to choose any rent they wish.
If your rent is due for review
Check the clause and the index
An annual increase under an existing contract is different from the rent for a new tenancy. Check whether a rent review was agreed, the date of the contract and the applicable index or limit, including IRAV where relevant.
If the tenancy is about to expire
Not all tenancy extensions disappear
As well as ordinary extensions, Spain’s Urban Leases Act (LAU) provides for an extraordinary extension in annual periods of up to three years in stressed areas. The legal requirements must be met, and the rules applicable to the contract’s date must be considered. This should not be confused with the two-year extension in the rejected decree.
If you offer a temporary rental
Catalonia retains its own rules
Catalan Law 11/2025 introduced rules for temporary and room rentals. The actual purpose, the justification for the temporary stay and the applicable rent rules must be reviewed. Writing “11 months” in the contract is not enough to avoid legal obligations.
What happens to actions taken while the decrees were in force?
The decrees did enter into force: Royal Decree-Law 26/2026 generally took effect on 1 October, and Royal Decree-Law 27/2026 on 2 October. Their rejection does not mean that they never produced legal effects.
If a contract was signed, an extension requested or a rent review notified while they were in force, keep the documents and dates. The effects must be assessed individually, taking account of the transitional provisions. Do not assume an action is invalid solely because of the repeal.
Frequently asked questions about the repeal
Was the so-called decreto Maricarmen approved?
No. On 2 October 2026, Congress rejected the ratification of the two housing Royal Decree-Laws approved on 29 September. This informal label is not their official name: they are Royal Decree-Laws 26/2026 and 27/2026.
Can I freely set the rent for a new tenancy in Barcelona?
The repeal of these decrees does not remove the rent limits in designated stressed residential market areas. Before advertising the flat, the rent under the previous contract, the landlord’s status and the application of the national reference system must be checked, as appropriate.
Do all mandatory tenancy extensions disappear?
No. The repeal of the new measures does not remove the extensions available under the previous legislation applicable to the contract. In stressed areas, the extraordinary extension in annual periods of up to three years under Article 10.3 of the LAU may apply when its requirements are met.
Can estate agency fees be charged to tenants again?
For residential tenancies governed by these LAU rules, property management and contract preparation fees remain the landlord’s responsibility. This obligation was already set out in Article 20.1 before the rejected decrees.