Code of Good Practices for Mortgages 2026: Affiliated Banks and Debtor Rights

Key data

If you have a mortgage on your primary residence and are facing economic difficulties, your bank may be obligated to offer you concrete solutions: payment deferrals, debt forgiveness or even dation in payment as a last resort. The Resolution of July 17, 2026 from the State Secretariat for Economy updates the official list of entities adhering to the Code of Good Practices regulated by RDL 6/2012, in its version modified by RDL 19/2022.

This quarterly publication is not a bureaucratic formality: it is the tool that allows debtors to know exactly which entities they can demand apply the code and what protection mechanisms are available to them.

What does this regulation establish?

The Code of Good Practices for viable restructuring of debts secured by mortgages on primary residences establishes a set of graduated measures that adhering entities are obligated to offer to debtors without resources. The three main measures are:

• Debt restructuring: deferrals on principal payments, extension of the amortization period and reduction of the interest rate applied during the deferral period.
• Debt forgiveness: partial reduction of the outstanding debt amount when restructuring is not viable on its own.
• Dation in payment: transfer of the property to the bank as full payment of the debt, with the possibility of remaining in the property as a tenant. It is the last resort of the code, applicable when previous measures are insufficient.

Adherence to the code is voluntary for entities, but once adhered, the commitments are legally enforceable before the Control Commission of the code. The quarterly publication in the Official State Gazette ensures that the list is always updated with variations—additions and removals—from each period.

Confirmed adhering entities in the second quarter of 2026

The resolution confirms the adherence of the following major national banks, among other entities:

The complete list, with all adhering entities including rural savings banks and cooperatives, is available in the resolution published in the Official State Gazette.

Economic and operational impact

For mortgage debtors in difficulties, adherence of their bank to the code represents an actionable right, not merely a recommendation. They can formally initiate the restructuring procedure and, if the entity does not respond or rejects without justified cause, they can appeal to the Control Commission.

For adhering financial entities, the operational impact translates to:

• Obligation to process and resolve restructuring requests from debtors who demonstrate vulnerable status.
• Inability to reject dation in payment when the debtor meets the code's requirements and previous measures have failed.
• Supervision by the Control Commission, with the possibility of formal complaints for non-compliance.
• Need to keep internal procedures for assisting vulnerable debtors updated in accordance with RDL 6/2012 and RDL 19/2022.

Who does it affect?

• Mortgage debtors in vulnerable situations with mortgages on primary residences at any of the adhering entities.
• Adhering financial entities: national banks (BBVA, Santander, CaixaBank, Sabadell, Bankinter) and dozens of rural savings banks and credit cooperatives.
• Financial advisors and lawyers managing mortgage restructuring processes for clients in difficulties.
• Risk and compliance departments of financial entities that must verify their position on the updated list.
• Real estate asset managers who acquired mortgage portfolios from adhering entities and have assumed their obligations.

Practical example

A married couple with a variable-rate mortgage on their primary residence at CaixaBank loses one of two incomes and demonstrates economic vulnerability status in accordance with RDL 6/2012 criteria. Since CaixaBank appears on the list of adhering entities published on July 27, 2026, the couple can formally initiate the Code of Good Practices procedure.

The process is graduated: first, restructuring is requested (principal payment deferral, extension of term, interest reduction during the deferral period). If the entity determines that restructuring is not viable, debt forgiveness may be applied to the outstanding principal. If that is also insufficient, the adhering entity is obligated to accept dation in payment, with the possibility that the couple remains in the property as tenants.

If CaixaBank were to reject the request without justified cause or fail to respond within the deadline, the couple can file a complaint with the Control Commission of the code, which will supervise compliance with the commitments assumed by the entity upon adherence.

What should companies do now?

1. Verify entity adherence: Check the list published in the Official State Gazette on July 27, 2026 to confirm whether your financial entity is listed as adhering to the code in the second quarter of 2026.
2. Review internal procedures (financial entities): Compliance departments must ensure that protocols for assisting vulnerable debtors are aligned with RDL 6/2012 and RDL 19/2022.
3. Document vulnerable status (debtors): Gather documentation proving the household's economic situation before initiating the formal procedure with the entity.
4. Initiate the restructuring procedure if applicable: Submit the formal request to the adhering entity. The code establishes deadlines and response obligations for the entity.
5. Appeal to the Control Commission for non-compliance: If the entity does not process the request or rejects it without justification, the Control Commission is the competent body to supervise compliance with the adherence commitments.

Official source

Consult complete regulation at official source

Disclaimer: This article is for informational purposes only and does not constitute legal advice. For specific decisions, consult a qualified professional. Source: https://www.boe.es/diario_boe/txt.php?id=BOE-A-2026-16347