Published: November 05, 2026

Selling a rented flat after decree 29/2026

Decree 29/2026 stops tenants waiving their right to buy and decree 28/2026 lengthens leases. What changes if you plan to sell a rented flat in Zaragoza.

If you own a rented flat in Zaragoza and plan to sell it, October changed the rules. Since 8 October, Royal Decree-Law 29/2026 has strengthened the tenant's right to buy the home before anyone else. Royal Decree-Law 28/2026, which makes tenancies longer, is due to take effect on 15 November. Both still need to be validated by the Standing Committee of the Spanish Congress by mid-November, so it is worth knowing what has already changed and what may change.

What happened in October

On 29 September the Government approved two housing decrees, which Congress rejected on 2 October. After a general election was called for 29 November, the Council of Ministers approved two new decrees on 6 October that largely repeat those measures: 28/2026 and 29/2026, published in the Official State Gazette (BOE) on 7 October. Because Parliament has been dissolved, the decision to validate or repeal them falls to the Standing Committee (Diputación Permanente), which votes on each decree separately, as Legal Today explains. A decree that is not validated is repealed, although effects produced while it was in force remain.

The change that matters most to sellers: the tenant's right to buy

Spain's Urban Leases Act (LAU) already gave tenants a right of first refusal: if the owner sells, the tenant can buy at the same price and terms (tanteo) or, if not properly notified, take over the purchase after the sale (retracto). Under decree 29/2026, according to OCU and Cuatrecasas, two important things change:

The waiver is no longer valid. Until now, in leases longer than five years, landlord and tenant could agree in the contract that the tenant gave up this right. That waiver no longer applies.
Selling as a block no longer avoids it. Previously the right did not apply when the flat was sold together with other homes or premises of the same owner. It now applies as long as the flat can be legally identified as a separate unit.

In practice, anyone selling a flat with a tenant must notify them in writing of the intention to sell, with the price and payment terms. The tenant has 30 calendar days to decide whether to buy. If the notice is not given properly, the tenant can exercise the retracto and take the flat on the same terms agreed with the buyer, as Housfy warns. No buyer wants that risk, so a badly drafted notice can stall the sale at the notary.

Longer tenancies from 15 November (if validated)

Decree 28/2026 changes how habitual-home tenancies are extended. According to Garrigues and Merca2, from 15 November:

Once the minimum term ends, the lease is extended for periods of five years if the landlord is an individual or seven if it is a company, unless valid notice is given.
A landlord who does not want to renew must give six months' formal notice and, in some cases, pay compensation.

For sellers this affects price: a flat with a lease that may run for many more years mainly attracts investors, who pay less than people buying a home to live in. The gap between selling a vacant flat and a rented one may widen.

Other changes in decree 29/2026

Seasonal and room rentals. A seasonal contract must state its real reason; otherwise it is treated as a habitual-home tenancy from signing. Room rentals now fall under the Urban Leases Act, according to Garrigues.
Purchases by large companies. Until 2030 the decree restricts home purchases by large corporate landlords, with exceptions.
Tax. It includes income tax, VAT and property tax measures. We found no general tax break for private individuals selling their home.

What to do if you are selling a rented flat in Zaragoza

Check the lease. Look at the signing date, the term and whether it had a waiver clause: with the decree in force, do not rely on it.
Notify properly. Use formal notice (burofax or equivalent) with the real price and terms. If you later lower the price, you may need to notify again.
Work out two prices. One for selling with the tenant and one for selling vacant, and how much time and cost each option involves.
Follow the validation vote. The Standing Committee's decision may change the rules before you sign. Check the rules in force with a lawyer or notary before completing the sale.

Our September guide explains the rental market in Zaragoza, and our documents guide lists the paperwork you need. If you own a rented flat and are unsure whether to sell now or wait, ACG Real Estate can help you compare both options and prepare the notice to your tenant: request your free valuation or see our full sale service.

This article is for information only and is not legal advice. We will update it once the decision on validating the decrees is known.