Updating Residential Rents in Asturias

Rent increases for active residential contracts in Asturias are strictly regulated by state law, primarily the Spanish Urban Leases Act (LAU – Ley 29/1994), which came into effect on 1 January 1995. Specific clauses in the lease agreement govern how these increases are applied, adhering to the legal framework established by the LAU and the recent Law 12/2023, of May 24, on the Right to Housing.

1. Rent Adjustment Clauses and Legal Framework

Rent increases are only permissible if there is an express agreement in the lease to update the rent. According to Article 18.1 of the Spanish Urban Leases Act (LAU), in the absence of such an express pact, the rent cannot be increased. If an update is agreed upon but no specific index is mentioned in the contract, the Índice de Garantía de Competitividad (IGC) applies as the default reference.

2. Transition from IPC to a New Reference Index

Law 12/2023 governs rent increases, introducing the Índice de Referencia para la Actualización de Arrendamientos de Vivienda (IRAV) to replace the general Consumer Price Index (IPC) as the default for annual residential adjustments. This transition aims to provide greater predictability and stability in rental prices. While temporary caps of 2% and 3% were applied in 2023 and 2024 respectively, for updates in 2025 and 2026, the increase is capped by this IRAV index published by the National Statistics Institute (INE).

3. Stressed Residential Market Areas

In designated "stressed residential market" areas (zonas de mercado residencial tensionado), price controls apply to lease renewals and new agreements. A "large holder" (gran tenedor) is generally defined as a natural or legal person owning more than 10 residential properties. However, in Asturian municipalities officially declared as stressed (such as Llanes and Cabrales as of May 2026), this threshold is reduced to 5 or more properties. Landlords meeting these criteria must adhere to government-regulated reference prices.

4. Obligatory Notification Requirements

When an anniversary of the lease agreement occurs where a rent increase is permissible, formal written notification must be provided to the tenant. Under Article 18.2 of the LAU, this notice must be issued at least one month prior to the date the new rent is to be applied, clearly stating the new rent amount and the effective date. The landlord must provide the calculated percentage used for the increase if requested by the tenant.

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