Tenant-paid agency fees ban
Date tenant-paid agency commission became illegal in Spain
- In force since
- 26 May 2023
- Last verified
- 14 August 2026
- Re-checked every
- 180 days
Ley 12/2023 por el derecho a la vivienda
Assigns estate-agency management costs and contract-formalisation expenses to the landlord for residential leases.
Flat Spain dates the ban on tenant-paid agency fees in Spain to 26 May 2023, when the housing law moved the agency's commission onto the landlord. The charge did not disappear — it reappeared under new names on tenants' invoices, which is why the question is now less "is it legal" than "what is this line item actually for".
The ban is on the commission, whoever writes the invoice. Since 26 May 2023 the agency's fee for finding a tenant and formalising a residential lease is the landlord's cost. A tenant being asked to pay it is being asked for something the law reassigned three years ago.
The relabelling is the current problem. The same charge is now billed as 'gastos de asesoramiento', 'servicio de atención' or a separate services agreement signed alongside the lease. The name on the invoice does not decide the question — what the payment is actually for does.
Refunds do happen when the charge is challenged. Consumer group FACUA has forced repayment of relabelled tenant fees, including €1,100 from a Madrid agency. If you paid one, the invoice, the lease and the agency's own description of the service are the evidence that matters.
Still published elsewhere, and wrong
If you found a different number, it is probably one of these.
- "One month's rent plus VAT is the standard agency fee"
- Was the market norm before 26 May 2023 and is still quoted in older English guides. For a residential lease, that charge now belongs to the landlord.
Change log
- 14 August 2026
Verified. Page published with the current relabelling patterns.
Frequently asked questions
Do I have to pay agency fees when renting in Spain?
Not for a residential lease. Since 26 May 2023 the agency's commission is the landlord's cost. If you are being charged for advice, attention or a separate service alongside the lease, ask what the payment buys that the agency is not already being paid for.
Can I get a relabelled agency fee refunded?
It has been done. Consumer group FACUA has forced agencies to repay charges billed under other names, including a €1,100 refund in Madrid. Keep the invoice, the lease, and any written description of the service.
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Flat Spain re-checks this figure every 180 days and publishes the date of every change above. It is information, not legal advice — for a decision that turns on your own circumstances, take Spanish legal advice.