Key data
| Regulation | Resolution of October 29, 2026, from the State Secretariat for Housing and Urban Agenda |
|---|---|
| BOE Publication | November 3, 2026 |
| Entry into force | November 4, 2026 |
| Validity | 3 years from November 4, 2026 |
| Declared municipalities | Sopela, Urduliz and Bergara (Basque Country) |
| Large holder threshold in these zones | 5 or more residential properties in the municipality |
| General large holder threshold | 10 residential properties |
| Category | Real Estate |
| Legal basis | Article 18 of the Law 12/2023, of May 24, on the right to housing |
If you have rental properties in Sopela, Urduliz or Bergara, this resolution affects you directly from November 4, 2026. The Resolution of October 29, 2026 from the State Secretariat for Housing and Urban Agenda declares these three Basque municipalities as strained residential market zones in the third quarter of 2026, activating a set of obligations that did not previously exist for property owners in these localities.
The most immediate impact is twofold: the definition of large holder becomes stricter and new rental contracts are subject to official rent caps. Any property owner with five or more properties in one of these municipalities automatically becomes a large holder, with the additional obligations that this entails under the Law 12/2023, of May 24, on the right to housing.
What does this regulation establish?
The resolution publishes the list of strained residential market zones declared in the third quarter of 2026, in application of Article 18 of Law 12/2023. The three declared municipalities are:
| Municipality | Autonomous Community | Effective date | Validity |
|---|---|---|---|
| Sopela | Basque Country | November 4, 2026 | 3 years |
| Urduliz | Basque Country | November 4, 2026 | 3 years |
| Bergara | Basque Country | November 4, 2026 | 3 years |
The specific consequences of this declaration are:
- Reduced large holder threshold: in these municipalities, a large holder is considered to be someone who owns 5 or more residential properties in the municipality, compared to the general threshold of 10 established by Law 12/2023.
- Rent cap on new contracts: new rental contracts on properties that have not had a rental contract in the last five years are subject to the reference price index. A rent higher than the official cap cannot be set.
- Immediate application: validity begins the day after publication in the BOE, that is, November 4, 2026, and extends for three years.
Economic and operational impact
For property owners with property portfolios in these municipalities, the operational impact is significant in two areas:
1. Reclassification as a large holder. Moving from ordinary property owner to large holder is not just a label: it implies additional obligations regarding information, prior negotiation in eviction procedures and possible additional restrictions according to Basque regional regulations. If until now you had 5, 6, 7, 8 or 9 properties in Sopela, Urduliz or Bergara and did not consider yourself a large holder, from November 4, 2026 you are one for all purposes in those municipalities.
2. Rent limitation on new contracts. If you rent out a property that has not been rented in the last five years, the initial rent of the new contract cannot exceed the applicable reference price index. This can represent a significant difference compared to the market price you could have obtained before the declaration.
For tenants, the declaration represents protection: new contracts in these zones cannot exceed official caps, which limits rent increases at the time of signing.
Who does it affect?
- Property owners with 5 or more properties in Sopela, Urduliz or Bergara: become large holders with reinforced obligations.
- Property owners with properties without previous contract in the last 5 years in these municipalities: new contracts are limited to the reference price index.
- Real estate investors and funds with residential assets in the Basque Country: must check if any of their properties are in these municipalities.
- Real estate asset managers and building administrators: must update the classification of their property owner clients in these localities.
- Tenants in Sopela, Urduliz and Bergara: benefit from rent limitation on new contracts.
- Tax and legal advisors with property owner clients in the Basque Country: must alert their clients to the change in status and its implications.
Practical example
Imagine a private investor who owns 6 properties in Sopela: a small building that he acquired years ago and manages directly. Before November 4, 2026, with 6 properties he did not reach the general threshold of 10 properties under Law 12/2023, so he was not considered a large holder.
From November 4, 2026, with Sopela declared a strained zone, the threshold drops to 5 properties. This property owner automatically becomes a large holder in Sopela, with all the obligations that this entails under Law 12/2023.
Furthermore, if one of those 6 properties has been without a rental contract for more than five years and he decides to put it on the market now, the initial rent of the new contract cannot exceed the reference price index in force for that zone, regardless of the price set by the free market.
What should property owners do now?
- Audit your real estate portfolio in these three municipalities: check how many properties you have in Sopela, Urduliz and Bergara. If you reach 5 or more in any of them, you are a large holder from November 4, 2026.
- Review current and planned contracts: identify which properties have not had a rental contract in the last five years. Any new contract on them will be subject to the reference price index.
- Consult the applicable reference price index: before signing any new contract in these zones, verify the official rent cap for the specific property. Failing to do so may result in void contracts or ineffective clauses.
- Get advice on large holder obligations: if you move into this category, review with a legal advisor the additional obligations imposed by Law 12/2023 (information, eviction procedures, etc.).
- Maintain vigilance during the three years of validity: the declaration is valid until November 2029. Any regulatory change or renewal of the declaration may modify the conditions. Monitor updates.
Frequently asked questions
When does the declaration of strained zone in Sopela, Urduliz and Bergara come into force?
The declaration comes into force on November 4, 2026, the day after its publication in the BOE (November 3, 2026). The validity is three years from that date.
How many properties do I need to own to be a large holder in these zones?
In Sopela, Urduliz and Bergara, the large holder threshold is 5 or more residential properties in the municipality. This threshold is more restrictive than the general regime of Law 12/2023, which sets the threshold at 10 properties. The reduced threshold applies municipality by municipality: you must count the properties you have in each one separately.
Does the rent cap apply to all rental contracts in these zones?
Not all. The reference price index limit applies to new rental contracts on properties that have not had a rental contract in the last five years. Contracts already in force before the declaration are not directly affected by this cap at the time of signing, although they do fall under the general framework of Law 12/2023.
Which municipalities in the Basque Country have been declared strained zones in the third quarter of 2026?
According to the Resolution of October 29, 2026, the municipalities declared strained residential market zones in the third quarter of 2026 are Sopela, Urduliz and Bergara, all three in the Basque Country.
How long does the declaration of strained zone last?
The validity is three years from the day after publication in the BOE, that is, from November 4, 2026 to November 2029, unless renewed or modified earlier.
Official source
View complete regulation in 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-2026-23088
