Landlords in Sopela, Urduliz, and Bergara must cap rental prices

The Secretary of State for Housing and Urban Agenda has issued a resolution (BOE-A-2026-23088) declaring the municipalities of Sopela, Urduliz, and Bergara as stressed residential market zones for the third quarter of 2026. This administrative decision, based on the framework of Law 12/2023, introduces specific limitations on rental income and redefines the status of large-scale property owners in these territories.

What changes

The declaration of these municipalities as stressed market zones triggers two primary legal consequences under the current housing framework:

• Rental Price Caps: Pursuant to article 18.2.d of Law 12/2023, for any new lease agreement signed in Sopela, Urduliz, or Bergara where the property has not been subject to a residential lease contract in the previous five years, the rent cannot exceed the maximum limit established by the official reference price index. This index accounts for the specific characteristics of the dwelling and the building.
• Redefinition of Large Holders in Bergara: While the general law provides a standard definition, the specific order for Bergara (dated September 11, 2026) establishes that any natural or legal person holding five or more urban residential properties within the municipality shall be considered a "large holder" (gran tenedor). This definition specifically excludes garages and storage rooms, but includes properties owned by public administrations or their majority-held entities.

These measures are set to remain in force for a period of three years, starting from the day following the publication of this resolution, as stipulated in article 18.2.d of Law 12/2023.

Context

This resolution is part of the ongoing implementation of Law 12/2023, of May 24, on the Right to Housing. This law was designed to intervene in local real estate markets where supply-demand imbalances have led to unsustainable price increases. By declaring specific zones as "stressed," the administration gains the legal authority to apply price controls through the reference index system, moving away from the previous regime of absolute freedom of contract in residential leases.

The mechanism used here is a quarterly update process. The Ministry of Housing and Urban Agenda monitors these zones and publishes these resolutions to ensure that the legal status of a municipality is always current, allowing for the application of the second paragraph of article 17.7 of the Urban Leasing Law (LAU) in conjunction with the new housing mandates.

Who is affected and how

The impact of this resolution varies depending on the profile of the property owner and the location of the assets:

• Individual Landlords (Particulars): Owners of single or multiple properties in Sopela, Urduliz, or Bergara are directly affected if they intend to rent out a property that has been vacant or under a different use for more than five years. They are legally prohibited from setting a rent higher than the reference index. Failure to comply could lead to the invalidity of the price clause in the contract.
• Small and Medium Enterprises (SMEs): Companies that hold residential real estate in these municipalities must integrate these price caps into their financial projections and leasing strategies. For SMEs operating in Bergara, they must also be aware that reaching the threshold of five residential properties will trigger the "large holder" status, which carries additional regulatory obligations.
• Large Holders and Corporations: In Bergara, any entity reaching the five-property threshold is subject to the specific rules governing large holders. This includes more stringent requirements regarding contract terms and potential obligations to cooperate with public housing programs. This status is determined by the ownership of urban residential properties, excluding ancillary spaces like garages or storage units.
• Tenants: Residents and prospective tenants in these municipalities gain a legal tool to challenge rental prices that exceed the official indices, providing a layer of protection against sudden market spikes in these specific zones.

What to do and when

The resolution is already in effect. The following actions are recommended for affected parties:

• For Landlords: Before drafting or signing any new lease agreement in Sopela, Urduliz, or Bergara, you must consult the official reference price index applicable to the specific property. This is crucial to ensure the contract complies with article 18.2.d of Law 12/2023.
• For Property Managers: Audit the recent history of properties in these zones. If a property has not been leased in the last five years, the new contract must strictly adhere to the price caps.
• Legal Recourse: If a property owner considers the declaration of their municipality as a stressed zone to be incorrect or unfounded, they may file an optional appeal for reversal (recurso de reposición) before the Secretary of State within one month from the day following the publication of this resolution, in accordance with articles 123 and 124 of Law 39/2015. Alternatively, a contentious-administrative appeal can be filed before the National Court (Audiencia Nacional) within two months.

Given the complexity of calculating reference indices and the specific definitions of large holders, we recommend contacting the relevant area at BMC to evaluate your specific situation and ensure full regulatory compliance.