Last checked against the sources: 12 November 2026. This rule has changed twice in 2026; check it again if you are reading this later.
In short: on a residential rental, property-management and contract-formalisation costs cannot be charged to the tenant. The law says they cannot be passed on «directly or indirectly, under any heading or name» (art. 20.2 LAU, the Ley de Arrendamientos Urbanos, Spain’s urban tenancies act). Only a «non-essential» service can be at the tenant’s expense, and only if the tenant asked for it in writing, knowing it was optional and what it cost.
This article is for information only and does not replace the advice of a lawyer or gestor (a professional who handles administrative paperwork).
How we got here
| Date | What changed |
|---|---|
| Until May 2023 | The landlord paid the agency only if the landlord was a company. If an individual, the tenant often paid. |
| 26 May 2023 (Ley 12/2023) | Property-management and formalisation costs become the landlord’s, whoever the landlord is. |
| 8 October 2026 (Real Decreto-ley 29/2026) | The rule is reinforced: they cannot be passed on «directly or indirectly», it covers novation and renewal, and «non-essential» services are regulated. |
| 12 November 2026 | Congress validates RDL 29/2026, so the new wording remains in force. |
What the law says today
Article 20.2 of the LAU has three sentences:
- Property-management and contract-formalisation costs cannot be passed on to the tenant, directly or indirectly, whatever they are called.
- Those costs include «any arising from services provided for the preparation, formalisation, management, novation or renewal of the tenancy contract» (original: «cualquiera derivado de servicios prestados para la preparación, formalización, gestión, novación o renovación del contrato de arrendamiento»).
- Any other service «not essential to the completion of the contract» can only be paid for by the tenant if the tenant expressly asked for it in writing, after being told it was optional and what it cost.
In practice, items such as «agency costs», «formalisation fees», «solvency check» or «renewal costs» charged to the tenant on a residential rental run against this rule.
What if I am the one hiring someone to find a flat?
The law does not expressly mention a home search commissioned by the tenant. Nor does it say who hires the service: it defines the costs by what is done (preparing, formalising, managing or renewing the contract). So if you hire a property finder or a relocation service:
- ask in writing, before they start, what the service includes and what each part costs;
- check that you are not being charged for preparing or formalising the landlord’s contract;
- if they offer extras (going with you to viewings, translation, help with utilities), these must be presented as optional and with their price.
If a professional charges for brokering rentals in the Comunitat Valenciana, you can also ask about their entry in the regional register of agents. We will explain this in an upcoming article on how to choose help with your move.
Does it apply to temporary lets and room rentals?
Since 8 October 2026, the law regulates both temporary lets and room rentals as housing (art. 2). Seasonal contracts signed before that date keep the previous rules until they end. If yours is an old or mixed contract, check it with a professional.
If you have already been charged
- Ask the agency or the landlord in writing for a refund, citing article 20.2 of the LAU.
- Keep the contract, the invoices and the payment receipts.
- You can go to consumer services, such as the municipal consumer information office, or consult a lawyer.
Frequently asked questions
Can the agency charge me «just» for showing me the flat? Showing the flat is part of preparing the landlord’s rental. Charging you for it separately is, at the very least, debatable under the current wording.
Can the landlord raise the rent to make up for the fees? The law forbids passing them on «indirectly». Rent is freely agreed, except in areas declared stressed (zonas tensionadas), where there are limits (art. 17.6 and 17.7). Proving that an increase hides fees is another matter.
Does this apply across Spain? Yes. The LAU is national law.
Keep reading
- How to rent a flat in Valencia step by step
- Documents to rent, and what they cannot demand from you
- Questions about your case? Write to us.
Sources
- Ley 29/1994, de Arrendamientos Urbanos, consolidated text (BOE): art. 20, as worded by Real Decreto-ley 29/2026, in force since 8 October 2026.
- Ley 12/2023, on the right to housing (BOE).
- Real Decreto-ley 29/2026 (BOE).
- Validation of 12 November 2026: eldiariodemadrid.es.