Key data
| Regulation | Resolution of September 24, 2026, Agreement of the Regulatory Monitoring Sub-commission on Law 5/2025, of December 16, on Housing in Andalusia |
|---|---|
| Publication | October 19, 2026 |
| Entry into force | October 19, 2026 |
| Affected parties | Developers, builders, property managers and real estate agents in Andalusia |
| Category | Real Estate |
| Year | 2026 |
| Affected provisions | 16 articles and one final provision of Law 5/2025 |
| Articles with committed modifications | Articles 31, 40 and 49-52 |
| Reference standards | Law 9/2017 on Public Sector Contracts, Mortgage Law, Horizontal Property Law, Law 20/2013 on Guarantee of Market Unity |
If you operate in the Andalusian real estate sector, this agreement directly affects you. The Bilateral Cooperation Commission between State and Andalusia has resolved the jurisdictional discrepancies regarding 16 articles and one final provision of the Housing Law 5/2025, of December 16, of Andalusia. The result: the Regional Government commits to modifying key provisions that affect access to activity, building documentation and community management.
The agreement, adopted on September 17, 2026 by the Regulatory Monitoring, Prevention and Dispute Resolution Sub-commission, prevents the State from filing a constitutional challenge against Law 5/2025 and has been communicated to the Constitutional Court. This provides legal certainty to the sector, but also generates specific adaptation obligations.
What does this regulation establish?
The agreement resolves jurisdictional conflicts in four distinct blocks. Below are the specific changes committed by the Andalusian Regional Government:
| Article / Block | Previous situation (Law 5/2025) | Committed change | State reference standard |
|---|---|---|---|
| Provisions on contracting | Own Andalusian regulation on contracting | Application in accordance with Law 9/2017 on Public Sector Contracts | Law 9/2017, on Public Sector Contracts |
| Article 31 (building logbook) | Requirement of building logbook with own requirements | The Regional Government will modify art. 31 to adjust the requirement to the Mortgage Law | Mortgage Law |
| Article 40 (horizontal property) | Regional interpretation that could conflict with state regulation | It will be interpreted respecting the state Horizontal Property Law | Horizontal Property Law |
| Articles 49-52 (access to activity) | Mandatory registration as a requirement for access to real estate activity | Andalusia will modify the law to eliminate mandatory registration and guarantee market unity | Law 20/2013, on Guarantee of Market Unity |
In total, the agreement affects 16 articles and one final provision of Law 5/2025, although the legislative modification commitments are concentrated in the blocks described.
Economic and operational impact
The most immediate impact for the sector is the elimination of mandatory registration as a requirement for access to activity (arts. 49-52). This requirement, as drafted in Law 5/2025, represented a barrier to entry that could prevent agents or companies already authorized in other autonomous communities from operating in Andalusia, violating Law 20/2013 on Guarantee of Market Unity.
Its elimination has two direct consequences:
- Reduction of administrative burdens for real estate agents and developers operating in multiple autonomous communities.
- Greater competition in the Andalusian market, by facilitating access for operators from other regions without additional registration procedures.
Regarding article 31 and the building logbook, adaptation to the Mortgage Law clarifies what documentation is required in property transfers and financing, reducing legal uncertainty for developers and buyers.
As for article 40 and horizontal property, interpretation in accordance with state law prevents homeowner associations in Andalusia from being subject to a different regime than the rest of Spain, simplifying management for property managers with portfolios in several autonomous communities.
Who does it affect?
- Real estate agents and agencies operating in Andalusia: the elimination of mandatory registration changes the requirements for access to activity.
- Developers and builders in Andalusia: must review building logbook requirements in accordance with the Mortgage Law, not just regional regulation.
- Property managers managing homeowner associations in Andalusia: article 40 is now interpreted in accordance with the state Horizontal Property Law.
- Andalusian public sector companies contracting in housing matters: must apply Law 9/2017 on Public Sector Contracts.
- Operators from other autonomous communities wishing to act in the Andalusian market: the barrier of mandatory registration is eliminated.
Practical example
A real estate agency based in Madrid with activity in several autonomous communities wanted to expand to Andalusia. Under the original wording of articles 49-52 of Law 5/2025, it would have needed to register in a specific Andalusian regional registry as a prerequisite to operate, even though it was already authorized in its home community.
Following the agreement, the Andalusian Regional Government commits to modifying those articles to eliminate that mandatory registration as a condition for access. This means the agency will be able to operate in Andalusia without that additional procedure, in line with what Law 20/2013 on Guarantee of Market Unity allows.
Similarly, a developer delivering homes in Seville must ensure that the building logbook complies with the requirements of the Mortgage Law and not just regional regulation, as required by modified article 31.
What should companies do now?
- Review access requirements to activity in Andalusia (arts. 49-52): If you are a real estate agent or developer operating in Andalusia, verify if your company is affected by registration requirements. Although the modification is committed, the law has not yet been formally modified: follow the legislative process to act at the right time.
- Update building logbook documentation (art. 31): Developers must ensure that the building logbook they deliver complies with Mortgage Law requirements. Coordinate with your legal advisor to review current models.
- Review contracts and homeowner association bylaws (art. 40): Property managers must verify that regulations and agreements of associations in Andalusia are consistent with the state Horizontal Property Law.
- Verify public contracting procedures: If your company participates in public housing tenders in Andalusia, confirm that the specifications and procedures comply with Law 9/2017 on Public Sector Contracts.
- Monitor the legislative modification process: The Regional Government has committed to modifying the law, but the deadline is not publicly set. Keep watch on the Official Bulletin of the Andalusian Regional Government (BOJA) to detect when the reform is approved.
Frequently asked questions
Which articles of Andalusia's Housing Law 5/2025 will be modified?
The Andalusian Regional Government has committed to specifically modifying articles 31 (building logbook, to adjust it to the Mortgage Law), 40 (horizontal property, to respect state law) and articles 49 to 52 (access to real estate activity, to eliminate mandatory registration and guarantee market unity). Additionally, provisions on contracting must be applied in accordance with Law 9/2017 on Public Sector Contracts. In total, the agreement affects 16 articles and one final provision of the law.
Do real estate agents from other autonomous communities need to register in an Andalusian registry to operate in Andalusia?
Under the original wording of articles 49-52 of Law 5/2025, registration was required as a condition for access to activity. However, the State-Andalusia agreement requires the Regional Government to modify those articles to eliminate that requirement, in compliance with Law 20/2013 on Guarantee of Market Unity. Until the legislative modification is formally approved, it is advisable to consult with legal counsel about the status of the procedure.
What does the agreement imply for property managers in Andalusia?
Article 40 of Law 5/2025 will be interpreted respecting the state Horizontal Property Law. This means that the management of homeowner associations in Andalusia cannot be subject to a regional regime that contradicts state regulation. Property managers must verify that their procedures and the bylaws of the associations they manage are consistent with the Horizontal Property Law.
Does this agreement prevent a constitutional challenge against Andalusia's Housing Law?
Yes. The agreement adopted on September 17, 2026 by the Regulatory Monitoring, Prevention and Dispute Resolution Sub-commission of the State-Andalusia Bilateral Commission has the direct effect of preventing the State from filing a constitutional challenge against Law 5/2025. The agreement has been communicated to the Constitutional Court.
When does this agreement enter into force and when will Law 5/2025 be modified?
The agreement was published in the BOE on October 19, 2026 and entered into force that same day. However, the Andalusian Regional Government's legislative modification commitments require their own parliamentary process. No specific deadline has been published for the approval of reforms. It is necessary to follow the Official Bulletin of the Andalusian Regional Government (BOJA) to learn when changes to articles 31, 40 and 49-52 are approved.
Official source
Consult complete regulation at official source
Notice: 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-2026-21762
