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The new housing decree erases the "recreational activity" of the Urban Leases Law: what changes for gambling establishments

Today, Wednesday 7 October, the Official State Gazette publishes Royal Decree-Law 29/2026, on urgent measures for the protection of the social function of housing. The text replaces Royal Decree-Law 26/2026, repealed by Congress on 2 October. Although its most far-reaching measures are aimed at housing, the text modifies the Urban Leases Law on points that are of interest to operators with gambling halls, bingo halls, casinos and betting shops.

"Recreational activity" disappears

The most striking change for the sector is in article 3.2 of the law, which lists the rents that are considered "for use other than housing", the regime to which commercial premises belong.

Until now, the article expressly mentioned rentals entered into to carry out an "industrial, commercial, artisanal, professional, recreational, welfare, cultural or teaching" activity on the property. The new wording maintains the list, but deletes the word "recreational". It also eliminates seasonal rentals from this section and expressly excludes those that have as their object the accommodation or lodging of people.

Article 3.1 of the law does not change. It continues to consider any rental of a building whose primary purpose is not housing to be for different use, so gambling premises would continue, in principle, within that regime. Even so, the fact that recreational activity is no longer expressly included is a change that operators can review with their advisors, especially with a view to new contracts and renewals.

The decree does not establish limits on the rents of commercial premises or the price of their sale. Extraordinary extensions, benchmarks and enhanced tenant protection apply to housing rentals, not premises. The same applies to limitations on speculative purchases, which refer to the purchase of homes.

Nor does the limit of 8 euros per square metre of the State Housing Plan 2026-2030, which only applies to homes covered by its programmes, affect premises. That plan does mention premises in another area: aid for the rehabilitation of buildings can reach 228 euros per square metre of commercial premises on the ground floor.

Where the decree can be noticed is in the sale of entire buildings that bring together premises and rented homes, a common situation in lounges and bars with machines located on commercial ground floors.

In these cases, the seller must indicate what part of the global price corresponds to each rented property and with what criteria it has been calculated, "preferably at the cadastral reference value or, failing that, at an independent appraisal". This price must be stated in the deed. The tenant of the property maintains his right of first refusal and withdrawal even if the property is sold in a block with premises, and price distributions designed to hinder it will be ineffective.

In addition, regional legislation may give the Administration a right of first refusal and withdrawal over the entire property, subsidiary to that of the tenant.

The Government approved the decree on October 6 together with Royal Decree-Law 28/2026, which regulates the extension of rents for primary residences and does not contain measures on premises. Its intention is to validate both in the Permanent Deputation, with the Cortes dissolved.