On 23 October 2026 Spain's Ministry of Consumer Affairs asked two platforms to remove 8,318 listings of properties advertised as seasonal rentals that accepted bookings of less than a month. According to the ministry, 6,772 are in the Community of Madrid and 6,523 in the city itself. The trigger is Royal Decree-Law 29/2026, in force since 8 October, which redraws how stays are split between tourist rentals, temporary leases and habitual-residence leases.
If you rent by the night, the change affects you more than it seems: the decree caps tourist rentals, closes the holiday "seasonal contract" route and leaves some mid-length stays without a clear legal category. Here is what the text says and what to check.
What changes in the Urban Leases Act
Article 3 of the decree amends the Urban Leases Act (LAU). Four changes matter if you rent by the night:
- A 31-day ceiling for tourist rentals. The new Article 5(e) keeps tourist lettings governed by tourism rules outside the LAU, but adds that their maximum length is set by each competent authority and "may in no case exceed thirty-one days".
- No more seasonal contracts for accommodation. Article 3.2, which covers leases for uses other than housing, now expressly excludes "those whose purpose is the accommodation or lodging of people". Until 8 October, many holiday lets of one or several weeks were signed as seasonal contracts under that article.
- A new category: the temporary housing lease. It covers the housing needs of someone temporarily away from their habitual home for a justified, provable reason, such as work, studies or medical treatment. Under the new Article 9 bis, it must last more than 31 days and, as a general rule, no more than twelve months.
- No reason, habitual residence. Article 7.2 requires the contract to state the reason expressly and puts the burden of proof on the landlord. If it is missing, the lease is treated as a habitual-residence lease from the day it was signed. The same applies if it exceeds twelve months without justification or more than two consecutive contracts are signed between the same parties for the same home.
Seasonal contracts signed before 8 October stay under the previous rules until their agreed end date and then expire without renewal (eighth transitional provision). Room rentals are also expressly brought within the LAU.
How stays are classified by length
| Category | Length | Rules | Key requirement |
|---|---|---|---|
| Tourist rental | Up to each region's maximum, never more than 31 days | Regional tourism regulation | Tourist licence or registration |
| Temporary housing lease | More than 31 days and, generally, up to twelve months | LAU, Articles 2.3, 7 and 9 bis | A real, provable reason stated in the contract |
| Habitual-residence lease | LAU terms and renewals | LAU | Also applies when the temporary reason is missing or cannot be proven |
Do not confuse these periods with the 30-night limit in the same decree, which is a tax rule: it determines which rentals are subject to 10% VAT from 1 December. We cover it in our article on tourist rental VAT from December.
The Valencia region: the 11-to-31-day gap
Each region sets the maximum length of its tourist rentals, always within the national 31-day ceiling. In the Valencian Community, Decree-Law 9/2024 amended Article 65 of Law 15/2018 and only treats as a tourist home the rental of a whole property for 10 consecutive days or fewer to the same tenant. The property can also only be marketed as a tourist rental during the periods declared in the Tourism Register.
Since 2024, part of the Valencian market has used that line to step outside the tourist regime: listings with an 11-night minimum stay signed as seasonal contracts, the so-called "11-day loophole" reported by Xataka in 2025. Under RDL 29/2026, a holiday stay of 11 to 31 days signed on or after 8 October has no clear legal category:
- It is not a tourist rental, because it exceeds the 10 days set by Valencian law.
- It cannot be a seasonal lease for a use other than housing, because Article 3.2 of the LAU now excludes accommodating people.
- It is not a temporary housing lease, because it does not exceed 31 days and a holiday is not the justified relocation the law requires.
- If it is signed as a housing lease without a temporary reason, Article 7.2 allows it to be treated as a habitual-residence lease, with LAU terms and renewals.
The decree does not say what happens to these stays, and we have not yet found official guidance from the regional government or case law that settles it. Possible readings range from applying the general rules of the Civil Code to treating the activity as unregistered tourist letting. Valencia's tourism department warned in 2025 of fines of €10,000 to €100,000 where it detects fraud in this kind of listing. It is also possible that the region raises its 10-day limit up to the 31-day ceiling now allowed by national law, which would close the gap.
Until there is a clear answer, the lowest-risk approach for a property in the Valencian Community is:
- Up to 10 days: tourist rental, with the property registered and within a declared period.
- More than 31 days: temporary housing lease, with the reason for relocation written in the contract and documents that prove it.
- Between 11 and 31 days: do not offer them as "seasonal" and, if a guest asks for one, check with an adviser first.
If you manage properties in other regions, the gap depends on the maximum each one sets. Where the tourist limit is already 31 days, it does not exist.
Why the ministry is targeting listings
The ministry considers that advertising as "seasonal" a property that is booked by the night is a misleading commercial practice. Once a platform is notified under the Digital Services Act, it is directly responsible for the flagged content and, if it does not remove or block it, it faces possible penalty proceedings. There are precedents: the roughly €64 million fine on Airbnb in December 2025 and the removal of more than 4,000 listings from Booking after a similar request.
For a host with a valid tourist licence or registration, the risk is different: an ambiguous listing, or a property managed with mixed contracts, could be flagged alongside those that do evade the rules.
What to check if you rent by the night
- Your region's tourist maximum. 10 days in the Valencian Community. Elsewhere, whatever the regional rules set, never more than 31.
- Minimum stays in your listings. If you use a minimum number of nights to step outside the tourist regime, review it: the LAU no longer offers a seasonal contract for accommodation.
- Temporary housing leases. More than 31 days, the reason written in the contract and evidence that it exists. The burden of proof is on you.
- Contracts signed before 8 October. They stay under the previous rules until their end date, without renewal.
- Registration number in the listing. The decree requires the offer to include the tourist-home code where one exists.
- Regional rules. The decree preserves regional rules on temporary and room rentals, so your region may go further.
And guest registration
RDL 29/2026 does not mention guest registration. If your property operates as accommodation, reporting guest data is still governed by Royal Decree 933/2021, whether the listing says "tourist" or "seasonal". If you are unsure whether a particular type of stay, such as 11 to 31 days in Valencia, falls under that obligation, check the official source or ask an adviser. For a refresher on how it works, see our guide to guest registration with SES Hospedajes.
What is still pending
The decree-law must be validated by Congress. According to published reports, the Permanent Deputation will take it up on 12 November, with parliament dissolved ahead of the 29 November elections. That route has already failed once: Congress rejected RDL 26/2026 on 2 October, so the current text could change or lapse.
Sources
- BOE: Royal Decree-Law 29/2026 of 6 October (Article 3, amending Articles 2, 3, 5, 7 and 9 bis of the LAU and adding its eighth transitional provision).
- Derecho Local: Decree-Law 9/2024 on tourist homes in the Valencian Community.
- Generalitat Valenciana: tourist homes.
- Xataka: the "11-day loophole" in Valencia (April 2025).
- Infobae: the Government identifies 8,318 illegal listings (23 October 2026).
Written on 23 October 2026 from the text published in the BOE, Valencian regional law and press reports. This is not legal advice: if your case has specific circumstances, ask an adviser.