Key data
| Regulation | Resolution of 23 March 2026, from the General Secretariat for Territorial Coordination — Agreement of 11 March 2026 of the Subcommission for Regulatory Monitoring, Prevention and Resolution of Disputes of the State-Andalusia Bilateral Commission |
|---|---|
| Law subject to the agreement | Law 5/2025, of 16 December, on Housing in Andalusia |
| Publication in BOE | 13 April 2026 |
| Entry into force | 23 March 2026 |
| Affected parties | Owners, landlords, real estate developers and public administrations in Andalusia |
| Category | Real Estate |
| Territorial scope | Autonomous Community of Andalusia |
Law 5/2025 on Housing in Andalusia, approved on 16 December 2025, has generated jurisdictional discrepancies with the State. Rather than going directly to the Constitutional Court, both administrations have activated the mechanism of the Bilateral Cooperation Commission to negotiate a solution. The agreement was adopted on 11 March 2026 and published in the BOE on 13 April 2026 through a Resolution from the General Secretariat for Territorial Coordination.
For owners, landlords and developers in Andalusia, this means that some of the rules established by Law 5/2025 may change before they become consolidated. The uncertainty is real and the negotiation window is open.
What does this regulation establish?
The Subcommission for Regulatory Monitoring, Prevention and Resolution of Disputes of the State-Andalusia Bilateral Commission has published an agreement to manage the controversies arising from Law 5/2025 on Housing in Andalusia. This bilateral mechanism allows resolving jurisdictional discrepancies without the need to resort to the Constitutional Court.
The agreement implies that both administrations will negotiate modifications or interpretations of the conflicting provisions of the Andalusian law. The areas that may be affected are:
- Regulation of rental in Andalusia
- Protected housing: conditions, access and management
- Large holders: definition, obligations and applicable regime
The resolutions of these bilateral commissions usually entail two types of outcomes: commitments to legislative reform (modification of specific articles of the law) or regulatory clarifications (official interpretations that delimit the scope of the provisions). Both have direct consequences on how the law is applied in practice.
Economic and operational impact
The most relevant impact at this moment is not a concrete figure, but the legal uncertainty generated by the negotiation process. While the agreement is open, the conflicting provisions of Law 5/2025 may be modified or reinterpreted, which directly affects investment decisions, management of rental portfolios and planning of developments.
The concrete operational effects depend on the outcome of the negotiations, but the possible scenarios are:
- If the conditions applicable to large holders are modified, the obligations of owners with multiple properties in Andalusia change.
- If the rules for protected housing are reviewed, the requirements for developers who develop this type of asset may vary.
- If the rules on rental are clarified or modified, landlords will have to adapt their contracts and conditions to the new interpretation.
The activation of this bilateral mechanism is, in itself, a signal that some provisions of Law 5/2025 have a disputed legal basis. This is relevant for any contractual or investment decision that depends on those provisions.
Who does it affect?
- Large holders of properties in Andalusia: owners with multiple homes who are subject to specific obligations under Law 5/2025.
- Landlords and owners of rental homes: any change in rental regulation directly affects them in their contracts and conditions.
- Real estate developers: especially those who develop or plan to develop protected housing in Andalusia.
- Investment funds and socimis with residential assets in Andalusia: exposed to changes in the regime for large holders.
- Andalusian public administrations: managers of public housing and social rental parks.
- Legal and real estate advisors who advise clients with assets in Andalusia.
Practical example
A real estate developer with a protected housing development underway in Seville has designed its project under the conditions established in Law 5/2025 on Housing in Andalusia. When the bilateral agreement is activated, some of the provisions that regulate protected housing are subject to possible modification or reinterpretation.
If negotiations between the State and Andalusia result in a legislative reform of those articles, the developer could be forced to review the project conditions: maximum prices, buyer requirements or reservation percentages for protected housing. Acting without taking this uncertainty into account—for example, by signing contractual commitments based on the current wording of the law—can generate relevant legal and economic risks.
The same applies to a landlord with a portfolio of apartments in Málaga: if the rental rules are modified as a result of this agreement, contracts signed under the current interpretation may need adaptation.
What should companies do now?
- Identify which provisions of Law 5/2025 affect your activity: review with your legal advisor whether your business or real estate portfolio is subject to the articles on large holders, rental or protected housing.
- Do not make irreversible contractual decisions on those provisions until you know the outcome of the bilateral negotiations. The agreement may result in changes that alter current conditions.
- Monitor the outcome of the bilateral process: when the Bilateral Commission reaches a final agreement, it will be published in the BOE. Set up an alert to follow the evolution of this case (reference: BOE-A-2026-8197).
- Review current rental contracts: if you have contracts in force in Andalusia, verify with your advisor whether any clause could be affected by a possible modification of the law.
- Consult a professional specialized in Andalusian real estate law before making investment or divestment decisions that depend on the current regulation of Law 5/2025.
Frequently asked questions
What is the agreement between the State and Andalusia on the Housing Law?
It is an agreement of the Subcommission for Regulatory Monitoring of the State-Andalusia Bilateral Commission, published on 13 April 2026, to manage the controversies arising from Law 5/2025 on Housing in Andalusia. It allows resolving jurisdictional discrepancies before resorting to the Constitutional Court, through negotiation of modifications or interpretations of the conflicting provisions.
What aspects of the Andalusian Housing Law may change after this agreement?
The aspects that may be affected are the regulation of rental, protected housing and the regime for large holders. The specific changes will depend on the outcome of the bilateral negotiations between the State and Andalusia.