Spain's housing groups warn that the Maricarmen decrees could weaken rental investment. Some developers may switch planned rental projects to home sales while the measures await Congress approval.
On 29 September 2026, the Spanish government approved two royal decree-laws on housing. One extends eviction protection for vulnerable households through 31 December 2030. The other covers automatic rental contract extensions.
Both measures still need ratification in Congress. That uncertainty has unsettled developers, owners, agents and companies across the housing market.
Supply is already too low.
Some Spanish developers are now considering a switch from rental projects to home sales. The Association of Promoters and Builders of Spain, known as APCE, says members are weighing that option because of the legal risks linked to new rental developments.
APCE president Xavier Vilajoana says sales could offer a clearer business path. The employers' group fears a sharp fall in rental investment. It also says the final effect will depend on laws adopted by each autonomous community.
The Spanish government has presented the package as a direct response to the Maricarmen case and says the measures are intended to reinforce the social shield for vulnerable households. The decrees have been published and apply provisionally, but their long-term status depends on parliamentary ratification.
The market has not changed yet. The warning is anticipatory. Businesses are reacting before the parliamentary vote.
The government's own explanation calls housing the main problem facing Spaniards. It presents the package as a direct response to the Maricarmen case and says the measures will strengthen the social shield for vulnerable households.
Vilajoana calls the decrees another round of rushed legal fixes. APCE wants a different response. It is calling for land law reform that could unlock thousands of homes and lift construction.
The association says Spain needs more physical supply. It argues that repeated obligations on private owners will not solve the shortage.
Owners' association Asval takes a harder line. It says the decrees break with Spain's legal framework and constitutional principles. The group warns that they could remove part of the available rental supply.
Asval cites a Banco de España estimate of a 750,000-home deficit for 2021 to 2025. It says the shortage could pass one million homes by 2028. The group argues that social protection cannot rest on small private landlords.
Asval wants the measures withdrawn. It is asking for a replacement text negotiated with autonomous communities and sector representatives.
The vote in Congress has been reported for 2 October 2026, but support is uncertain. Junts per Catalunya and Podemos have expressed reservations, meaning that the decrees’ continuation cannot yet be treated as settled policy.
Foment del Treball frames the dispute around private assets. Its president Josep Sánchez Llibre accuses the State and the Generalitat of pursuing what he calls a concealed socialisation of property owned by people who saved to buy a home and supplement their income.
Pimec draws a line between the first decree and the second measure on automatic contract renewals. The employers' organisation warns that renewals could discourage new rentals.
Owners may not know how long their commitment will last. They may also be unable to recover a property under proportionate conditions.
Pimec accepts that public authorities should provide alternative accommodation or pay or consign the debt within two months in cases covered by the measures. It wants a budget and payment guarantees. A legal debt does not replace the money itself.
Agents in Catalonia share the concern over legal uncertainty. Montserrat Junyent chairs the Barcelona API college and the Association of Real Estate Agents of Catalonia. She says the goal of protecting vulnerable households is shared, but the method is disputed.
If an owner cannot know when a flat can be recovered, that owner may decide not to rent it. The agents also criticise the speed of the drafting process. They want broad dialogue and an assessment of measures already introduced. An earlier housing report showed how the decrees had already moved the issue into the centre of Spain's political conflict.
The two sides want different things. Public protection is being demanded at once. Builders, owners, employers and agents warn that shifting the burden onto private landlords could reduce the supply the measures are meant to protect.
The decrees still await Congress's decision. The dispute points to three needs: legal certainty, public funding and more construction. Measures that protect vulnerable households without preserving incentives to rent could leave Spain with fewer homes and a deeper shortage.
The Government of Spain says the first decree extends eviction protection for vulnerable households through 31 December 2030. The second concerns automatic extensions of rental contracts.
The supply gap makes this more than a fight over legal procedure. Banco de España estimates the accumulated housing shortfall at approximately 755,000 homes for 2021 to 2025. It warns that the figure could exceed one million by 2028 if construction continues to lag behind demand.
Reuters has also described the structural gap between housing supply and demand as a central cause of Spain's housing crisis. The agency points to rising prices and rents. The policy debate is therefore about tenant protection and the speed at which new homes can be built.
Other measures discussed around the package include extending rental contracts until 2028, tighter controls on short-term and room rentals, and possible limits on purchases by investment funds, according to BBC reporting.
Their practical effect remains uncertain. Congress must approve the two decrees, and Spain's autonomous communities will determine how the rules are applied.
