Tenant rights in Spain: notice for works
If you are a tenant in Spain and your home needs works, it is important to know your rights when the landlord announces work with prior notice. The law regulates deadlines, access to the dwelling and maintenance obligations that protect your use and habitability. This article explains clearly what the landlord may request, which notices must be sent, how to document disturbances and what steps to take if the works affect your daily life or breach regulations. You will also see how to request compensation or suspension of works, and when to go to court or mediation services. The aim is to give you practical information and official resources to act confidently and protect your rights as a tenant.
What the landlord must notify
The Urban Leases Act sets out the landlord's obligations on maintenance and communications related to works and repairs.[1] The landlord must indicate the nature of the intervention, the expected duration and, where appropriate, the need to access the dwelling.
- Prior notification (notice): The landlord must notify in advance the planned date and estimated duration of the works.
- Deadlines and schedules (days): Works must be carried out at reasonable times and comply with schedules that reduce disturbances.
- Repairs and habitability (repair): Interventions necessary to maintain habitability are the landlord's responsibility.
- Access and privacy (entry): The landlord must request access with notice and respect privacy except in emergencies.
Keep copies of all notices and communications.
How to document and claim
If the works affect your use of the dwelling, document the facts and claim in writing. If there is no solution, you can go to the Court of First Instance or use mediation and consumer channels as appropriate.[2]
- Evidence (document): Take dated photos and videos, save messages and receipts that prove damage or disturbances.
- Notify in writing (notice): Send burofax or certified mail detailing the problem and the specific request.
- Formal claim (court): If there is no agreement, request mediation or file a claim in the competent civil court.
Frequently asked questions
- Can they enter without notice to carry out works?
- Generally no; they may only enter without notice in emergencies that affect safety or habitability.
- Do I have the right to rent reduction if works prevent use?
- Yes, you can request a proportional reduction or compensation if the works seriously affect enjoyment, provided you document it and claim against the landlord or in court.[1]
- What deadlines are there to claim?
- Act as soon as possible; procedural deadlines can be short and you should submit evidence and notices without delay to preserve your right to claim.[2]
How to
- Document the situation: take photos, videos and record dates and conversations.
- Send a written notice to the landlord (notice) and keep a certified copy.
- Request mediation or file a claim at the Court of First Instance if there is no solution.
- Seek advice from municipal services, consumer offices or bar associations to assess your case.
Key takeaways
- The landlord must give prior notice of works and provide clear information.
- Documenting photos and communications improves chances of a successful claim.
- If no solution is reached, judicial or mediation routes are options to protect your rights.
Help and support
- [1] BOE: Consolidated text of the Urban Leases Act
- [2] Ministry of Justice: Information and procedures
- [3] Judiciary: Institutional information
