The September 2026 housing decree (RDL 26/2026): what it would have changed and what applies today

A royal decree-law (real decreto-ley) applies from the moment it is published, but Congress has to approve it (convalidar) or repeal it within 30 days (article 86.2 of the Constitution). This time it repealed it. The measures below would only come back with a new law, and this guide would then say so, with its date.

Article 7, section Four, rewrote article 91.Dos.1.6.º of the VAT Act. It added to the 4% rate (our translation) "protected homes subject to permanent or indefinite qualification", as long as they were sold by their developer. The change was going to apply from 1 December 2026, not from publication.

With the repeal, that change never applies. The usual text applies: 4% for VPOs under the special regime (régimen especial) or of public development (promoción pública) sold by their developer, and 10% for all other new protected housing. A second-hand one pays no VAT but transfer tax (ITP), as before. The detail, with the articles, is in the VAT and ITP guide.

Article 19 created the TU CASA line, managed by the ICO (the state-owned financial agency). This is what the BOE said:

• It was for people buying their first main home with a mortgage, as a top-up to the bank loan (article 19, sections 1 and 2).
• It financed the lower of 20% of the value of the mortgaged home and €50,000 (section 3).
• At 0% interest and with no fees. The text says it would be granted "for up to 10 years", with a grace period equal to the mortgage term, and "for a maximum of 30 years" (section 3).
• Who could apply, the limits and the money for the line were left to a later agreement of the Council of Ministers (section 4). The decree set no age or income limits.
• A home bought with TU CASA would be subject forever to a maximum sale price: the purchase price, updated with the CPI (IPC) (section 9).

With the repeal, TU CASA disappears and no bank can offer it. The ICO guarantee for a first home (aval ICO) still applies: a State guarantee, not a loan, on the part of the mortgage the bank does not usually finance, for young people up to 35 and families with dependent children.

Three measures affected tenants, including those in a rental VPO. All three fall with the decree:

• 2% cap on the annual rent update (sixth final provision). For contracts reaching their yearly anniversary between 1 October 2026 and 31 December 2027: without a new agreement, the increase could not exceed 2%, and there was no increase if the rent was already above the reference index. It does not apply.
• Extraordinary extension (fifth final provision). Up to two more years, one year at a time, for contracts whose extension ended before 31 December 2028, if you had been up to date with payments for the previous eight months. It does not apply.
• Evictions (article 2). Until 31 December 2030, the court would suspend the eviction of a vulnerable person with no housing alternative when the claimant was an entity that buys homes or debts far below their value. In other cases, it would first ask the housing authority and social services for a report. It does not apply.

• A limit on entities buying homes for less than 70% of their valuation, until 31 December 2028 (article 1).
• An income tax (IRPF) deduction for renting your main home, with income limits (article 6).
• 10% VAT on tourist flats from 1 December 2026 (article 7, sections One and Two).
• Transfer of public properties to Casa 47, the state affordable-rental body (article 12).

The calls for applications (convocatorias) from Casa 47 and from each region did not depend on this decree: they continue with their own deadlines and rules (bases).

• If you are going to buy a new VPO: do the sums with the VAT for its classification, 4% or 10%. Ask the developer for the qualification certificate (calificación); the costs guide gives you the total you need saved.
• If you were counting on TU CASA for the down payment: it does not exist. Look at the ICO guarantee and your region's grants.
• If you are in a call for applications: nothing changes. Deadlines, income and requirements are those in its rules. The ones open for applications are in calls for applications.