Spain is in the second-to-last position of the 27 European countries examined in the European Rental Freedom Index 2026, prepared by the Foundation for the Advancement of Freedom (Fundalib). The country scores 42.03 points out of one hundred, just above France, which registers 25.61 points.
The report contrasts the degree of economic and contractual freedom of property owners when renting out homes in 26 member states of the European Union and the United Kingdom, with Cyprus excluded due to lack of sufficient data. The ranking is led by Poland, with 80.08 points, followed by Greece (79.76), Malta (74.59), Latvia (73.82), and Hungary (72.63).
The index analyzes five major blocks, each with a weighting of 20%: rent setting, contract resolution and recovery of homes, contractual freedom, short-term and tourist rentals, and recurrent taxation on properties. To do this, it combines international sources with national regulations, applying conversion rules specific to the foundation.
In the Spanish case, the study assigns zero points to both the contract resolution and recovery of homes section and the short-term and tourist rental section. In contrast, Spain achieves 15.91 points out of twenty in rent setting, 12.62 in contractual freedom, and 13.50 in property taxation.
Spain's score in contractual freedom corresponds with the average of the countries with valid data. The authors explain that this rating is assigned due to insufficient information to make a specific estimate. Furthermore, the indicator for recovery of homes focuses on the current legal framework, without taking into account the actual times of the courts or cases of occupation without a prior rental relationship.
REQUESTS A CHANGE IN HOUSING POLICY
The Secretary General of Fundalib and co-author of the index, Juan Pina, calls for a shift in housing policy that encourages construction, removes obstacles to the transfer of properties, and provides greater security and flexibility to owners, in order to prevent them from withdrawing their homes from the market, as detailed in the presentation note.
Pina attributes the measures he considers "coercive and interventionist" to an increase in rental prices and more difficulties in accessing housing, as well as a growing concentration of property in the hands of funds.
The document points out, however, that the index does not directly evaluate prices, profitability, affordability, or supply volume, and that it also does not aim to measure the overall quality of residential markets. Its purpose is to compare the level of restrictions that landlords endure and serve as a basis for subsequently analyzing their possible effects.
In the overall table, eight countries register a rental freedom classified as very high by Fundalib, eleven are in the high freedom range, four in medium, three in low, and one in very low. None reach the 90 points required to enter the maximum freedom category.