Rental and property adverts displayed in an estate agency window in Spain.
Credit : Manuel Milan, Shutterstock
Spain’s long-running housing debate has taken another turn, with the government now setting its sights on rental adverts that break the law. The Ministry of Social Rights, Consumer Affairs and Agenda 2030 has opened an investigation aimed at removing online listings that advertise illegal rent prices in so-called “tensioned” areas.
At the heart of the issue are adverts published on major property portals offering flats at prices above what is legally allowed, or failing to provide key information that tenants are entitled to see before signing a contract.
According to Consumer Affairs Minister Pablo Bustinduy, these practices will not be tolerated. And if the adverts are not removed, sanctions will follow.
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Which rental adverts are under investigation
The investigation focuses on properties located in areas officially declared as high-pressure housing zones, where rent controls apply. In these areas, the law is clear: large property owners must respect regulated rent limits, while private landlords are required to disclose the price of the previous rental contract.
Bustinduy explained that the adverts being pursued fall into two clear categories. Some belong to large landlords advertising rents above the legal ceiling. Others are posted by individual owners who omit the previous rental price, making it impossible for tenants to know whether the new rent complies with the law.
“These omissions are not minor details,” the minister said, stressing that the information is essential for consumers to understand how the asking price has been calculated.
The ministry has confirmed that the investigation extends to major online property portals, and that it is already in contact with the main players in the sector. While no companies have been publicly named, the message from the government is that digital platforms are now part of the enforcement conversation.
Officials also pointed out that this is not a sudden crackdown. Even before the Customer Service Law came into force on 27 December 2025, the ministry says it proactively contacted estate agencies and large portals to explain their obligations under the new rules.
Fines could be heavy if the adverts stay online
Bustinduy made it clear that failure to remove illegal listings could come at a high price. These adverts may be classified as misleading commercial practices, which fall under consumer protection legislation.
If that happens, penalties could range from four to six times the illicit profit obtained, a level designed to discourage landlords or companies from simply absorbing fines as a business expense.
“Anyone trying to make money by dodging the law at the expense of citizens is going to pay for it,” the minister warned during a press conference.
He insisted that the government will not allow companies to place themselves above the law, and that consumer rights will be enforced “with full determination”.
The move comes against the backdrop of a national debate on housing policy, with disagreements surfacing within the governing coalition. While PSOE and Sumar share power, differences have emerged over how rent controls should be applied and enforced — particularly in a market under intense pressure.
Government says tenant protection is the priority
Despite the political noise, Bustinduy said the government’s position is straightforward. The priority, he argued, must be defending tenants, ensuring the Housing Law is properly applied, and tackling what he described as abusive practices by large real estate operators.
The ministry has also reiterated its commitment to protecting contract extensions for tenants, a measure aimed at giving renters more stability in a market where prices have surged and options remain limited.
According to Bustinduy, the investigation is part of a broader effort to stamp out fraud and abuse linked to what he called speculative interests in the housing sector.
The inquiry was launched after authorities detected practices that could undermine the new rules, raising concerns that without firm enforcement, rent controls would exist only on paper.
Idealista responds: ‘The advertiser is responsible’
One of Spain’s largest property portals, Idealista, has pushed back against the ministry’s stance. In a statement released on Friday, the company said that responsibility for the content of property adverts lies solely with the advertiser, not with the platform hosting them.
Idealista argued that this position is backed by Spanish case law and remains unchanged under the Customer Service Law approved last December. The company also pointed to the EU Digital Services Act (DSA), which sets out the liability framework for digital platforms across the European Union.
According to Idealista, the DSA makes it clear that platforms acting as intermediaries are not responsible for verifying the legality of listings published by users.
The ministry has not directly responded to this argument, but its actions suggest it expects greater cooperation from platforms when illegal adverts are detected.
As Spain continues to grapple with a housing crisis that shows little sign of easing, the investigation marks a new test of whether rent controls can be enforced in the online marketplace – and whether tenants will finally see the protections promised by law reflected in the adverts they browse every day.
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