Thousands of people take to the streets in support of Maricarmen and ask "where is the progressive government"

The “housing decree” referred to by the tenants' unions does not currently have a parliamentary status as such: it is not published in the BOE nor registered in the Congress as a specific Royal Decree‑law, so it has not yet started parliamentary processing. That is why the organizations say that the Government keeps it “in a drawer” and demand that it be put to a vote before the end of the legislature.

What regulation the tenants' unions are demanding

In recent weeks, the Confederation of Tenants' Unions has intensified pressure on the Government regarding a Royal Decree‑law on Housing announced in June 2026, which should include a broad package of measures against the rental crisis:

• In Democrat pieces about the protests over Maricarmen's eviction, it is noted that the Confederation accuses Pedro Sánchez's Executive of keeping the Royal Decree‑Law on Housing “in a drawer”, presented in June, and demands that it be unlocked and voted on.
• In the same context, the unions emphasize that PP, Vox, and Junts previously blocked a decree that allowed the extension of rental contracts and that the new text should go further, including again an anti-eviction moratorium and other guarantees for vulnerable tenants.

That is, when the unions today talk about the “housing decree”, they refer to a new Royal Decree‑law with broad scope on rentals and evictions, politically announced but not yet materialized in a regulation with a number and date in the BOE.

Difference with other decrees already processed

The confusion is understandable because in the current legislature there are other housing regulations in the form of Royal Decree‑law with known parliamentary progress:

• The Royal Decree‑law 1/2024, of May 14, extended the suspension of evictions on primary residences for vulnerable groups. It was published in the BOE on May 15, 2024 and, according to the Congress file (case 121/000024), it was ratified in Plenary and its processing as a bill was agreed, currently ongoing with the amendment period long extended.
• In Democrat news about the extension of rentals, another contract extension decree is described, debated and rejected in Congress in 2026, which was also the subject of campaigns and mobilization by tenants' unions.

These texts do have a clear parliamentary status (ratified, processed as a bill, or even rejected). However, in the most recent pieces about the Confederation of Tenants' Unions, a distinction is expressly made between those decrees already voted on and a new “Royal Decree‑Law on Housing”, announced but not processed, which is the one currently demanded.

Current status: without parliamentary processing

Based on the sources consulted, the situation of the “housing decree” demanded by the unions can be summarized as follows:

• There is no Royal Decree‑law on Housing identified in the BOE with that name nor appearing as a regulation approved in the Council of Ministers and subsequently sent to the Cortes for ratification.
• Democrat news and union statements say the RDL was “announced in June”, but insist that the Executive keeps it unmoved: no official number or publication date is mentioned, precisely because it does not have them.
• Consequently, it does not appear in the Congress or Senate registers as an initiative in process: there is no ratification debate scheduled, no assigned file, no open amendment period, nor referral to the Senate.

From a strictly parliamentary point of view, this means that the so-called “housing decree”:

• is not registered as a Royal Decree‑law in the Cortes;
• has not yet been submitted to a ratification or repeal vote in the Plenary of the Congress;
• is not being processed as a bill derived from a ratified RDL.

Conclusion

To date, the “housing decree” mentioned by the Confederation of Tenants' Unions in their calls is a Royal Decree‑law politically committed but not formalized: it has not been definitively approved by the Council of Ministers with a closed text, it has not been published in the BOE and, therefore, lacks any parliamentary status. Hence the union demand focuses precisely on the Government approving it, sending it to Congress, and setting its ratification debate and, if applicable, subsequent processing as a bill that allows amendments.

According to the regional legislation of the Community of Madrid, the president does not normally have technical or direct management competencies in housing (plans, subsidies, housing allocation, etc.), which fall to the competent ministry. However, his general competencies as head of government decisively affect housing policy: he directs government action, appoints and dismisses ministers, coordinates the Administration, and issues decrees and agreements within which those policies are developed.

1. General framework: Statute of Autonomy

The Statute of Autonomy of the Community of Madrid, approved by Organic Law 3/1983, of February 25, and amended by Organic Law 5/1998 (text in BOE), establishes the basic statute of the president:

• “The President of the Community of Madrid holds the supreme representation of the Autonomous Community and the ordinary representation of the State therein, presides over and directs the activity of the Government, appoints and dismisses the Vice Presidents and Ministers, and coordinates the Administration.”
• He may delegate executive and representative functions to the vice presidents and ministers.
• He is politically responsible before the Assembly of Madrid, which controls his action and that of the Government.

These competencies are general, applicable to the entire material scope of the Community, including housing: political orientation, administrative coordination, and appointment of the government team condition the content and pace of housing policies.

2. Law 1/1983 on Government and Administration of the Community of Madrid

The organic and functional development of these competencies is found in Law 1/1983, of December 13, on the Government and Administration of the Community of Madrid (text in BOE), partially amended. Several relevant powers emerge from the consulted fragments:

• The president, the Council of Government, and the ministers are the highest organs of Government and Administration, through which the executive and administrative functions of the Community are exercised.
• “In the exercise of his powers and faculties, the President shall issue Decrees, which shall be called “Presidential Decrees”.” This normative form serves, for example, to set the structure of ministries or make certain appointments impacting housing.
• The Decrees of the Council of Government and government agreements in housing matters (plans, regulations, organization of entities such as the Social Housing Agency) are signed by the president and the competent minister, implying their formal participation in those decisions.
• The president's resolutions put an end to the administrative route, and the president himself is competent to review ex officio his acts and government agreements under the terms provided in Law 1/1983.

However, Law 1/1983 does not assign the president a sectoral “portfolio” in housing; his role is general political direction and headship of the Executive.

3. Sectoral body competent in housing

The material competence in housing is assigned to the competent ministry, according to the government structure set by presidential decrees. The Decree 42/2021, of June 19, of the President of the Community of Madrid (BOCM), establishes, among others, the Ministry of Environment, Housing, and Agriculture, to which “housing competencies” previously exercised by the Ministry of Housing and Local Administration are transferred.

The Decree 273/2019, of October 22, on the structure of the then Ministry of Housing and Local Administration, whose content remains as a sectoral reference through Decree 383686/2019 (organic structure), specifies internal competencies:

• The head of the Ministry has “the development, coordination, and control of the execution of public policies of the Government in housing matters, rehabilitation, building, urban and architectural heritage, accessibility, etc.” (art. 1).
• The General Directorate of Housing and Rehabilitation prepares, develops, and executes the plans and programs of action in housing matters, manages subsidies and state plans, processes qualifications of protected housing and land, promotes protected and affordable housing, participates in agreements with other administrations and entities, allocates direct promotion housing, and promotes rental and arbitration in lease conflicts (art. 4).

4. Relationship between the president and the housing ministry

From this regulatory scheme it follows that:

• The president does not directly manage specific housing programs or files; those functions correspond to the competent minister and their general directorates.
• He does exercise a direction and coordination competence: he sets the composition and structure of ministries by decree, appoints and dismisses ministers, directs government action, and coordinates the Administration, which includes housing policy.
• He participates in the formal approval of government regulations and agreements in housing matters (Council of Government decrees, agreements, framework agreements), of which he is a signatory along with the sectoral minister.
• He is politically accountable before the Assembly for the entire government action, including housing policy, and may be subject to specific parliamentary control on this matter.

In summary, regional legislation configures the president as political and normative head of the Government, with the capacity to guide and condition housing policies, while the technical execution and ordinary management of those policies lie with the responsible ministry and, in particular, the General Directorate of Housing and Rehabilitation and the Social Housing Agency.

In Spain, no eviction of a dwelling can be carried out by “purely administrative” means without judicial control. Even when the owner is an administration (public housing stock, public company, body), the eviction is ordered by a court, which must respect fundamental rights such as the inviolability of the home and effective judicial protection. The administration participates as a party in the procedure and, in certain cases, as a guarantor of protection for vulnerable persons.

1. Main legal bases

• Constitution: recognizes the inviolability of the home, effective judicial protection, and the right to decent housing, which act as limits: there can be no evictions without judicial resolution and guarantees.
• Civil Procedure Law (LEC): regulates eviction processes (for non-payment of rent, expiration of term, occupation without title, etc.) and the execution and eviction phase.
• Urban Leases Law (LAU): sets the regime of housing rentals, causes for contract termination, and special provisions for primary residences.
• Law 12/2023, on the right to housing, and regional housing legislation: introduce additional limits, especially for large holders and primary residences, and strengthen the detection of vulnerability and intervention of social services.
• Law 39/2015 on Common Administrative Procedure and Law 40/2015: frame the administration's actions (motivation, notification, deadlines, treatment of vulnerable persons) when acting as landlord or as a body coordinating social services.
• Emergency and vulnerable protection regulations (various royal decree-laws since 2020, some modified or partially repealed) have provided in certain periods for the suspension of evictions when situations of special vulnerability occur.

2. Need for enabling title and final resolution

• The administration must have a legal title justifying the recovery of the dwelling: terminated lease contract, property title in a mortgage execution, final administrative resolution extinguishing a right of use, etc.
• In practice, the eviction always derives from a judicial resolution (order or judgment) issued by a civil court that declares the occupant's right resolved and orders delivery of possession.
• That resolution must be reasoned, notified, and final or enforceable (for example, because it has not been appealed in time or because the appeal has no suspensive effects).

3. Notifications, deadlines, and procedural guarantees

• The occupant must be duly identified and notified of the procedure and the eviction date, with reasonable time to defend themselves, pay, appeal, or seek alternatives.
• The LEC provides that in housing evictions a day and time for the eviction must be set, which must be communicated in advance with a warning of the consequences.
• Evictions cannot be carried out without respect for working hours, safety conditions, and, when necessary, the presence of social services representatives and, if applicable, security forces.
• The affected person has the right to legal assistance (including free legal aid if requirements are met) and to appeal resolutions according to the LEC.

4. Identification of vulnerable persons and social services

• Housing regulations and royal decree-laws protecting against vulnerability have consolidated the obligation to detect vulnerability situations (unemployment, very low income, minors, dependents, victims of gender violence, etc.).
• When there are signs of vulnerability, the court must communicate the situation to the competent social services (municipal or regional) so they can assess and propose care, rehousing, or aid measures.
• In some cases, especially when the claimant is a large holder or an administration and the dwelling is primary residence, the law requires proving that a solution has been attempted (social rent, restructuring, etc.) or at least that there has been coordination with social services.
• Emergency legislation has allowed that, in certain periods and specific cases, the judge temporarily suspends the eviction if vulnerability without housing alternative is proven.

5. Specific role of the public administration

• If the administration is the owner or landlord, it must:
  • Respect its own internal procedure to declare loss of the right of use (for example, due to repeated non-payment or misuse), with a hearing for the affected person.
  • Go to the civil court to obtain an eviction resolution, without carrying out the eviction on its own.
  • Actively coordinate with social services the care of vulnerable households affected by its decisions.
• If it is not the owner but intervenes as local police or social services, its function is to guarantee public order and security, and deploy social support measures, never to execute an eviction without a court order.

6. Limits derived from fundamental rights

• Inviolability of the home: entry into the dwelling to carry out the eviction requires express judicial protection; the administration cannot enter by its own decision.
• Effective judicial protection and procedural guarantees: the eviction procedure must allow alleging, proving, appealing, and requesting protective measures.
• Proportionality: administrative and judicial decisions must weigh the impact on the right to housing and the personal situation of the occupants, especially in contexts of proven vulnerability.

In summary, an eviction will only be legal if there is an enabling title, enforceable judicial resolution, adequate notification, assessment of possible vulnerability with intervention of social services, and strict respect for fundamental rights in the manner of carrying out the eviction.