The Basque Government has designated Bergara as a stressed housing market area

The Minister of Housing and Urban Agenda of the Basque Government, Denis Itxaso González, has designated the entire municipality of Bergara as a stressed housing market area. The decision was implemented through the Order of September 11 and published in issue number 182 of the Official Gazette of the Basque Country on September 23, 2026, with official reference 2026/3985. Its entry into force entails limiting the prices of new rentals and applying the “large holder” (gran tenedor) designation in the municipality.

Municipal request and processing chronology

The procedure was initiated by the City Council of Bergara: on February 3, 2026, it requested the Basque Government to issue the order approving the designation of the municipality, in accordance with Article 18 of Law 12/2023 on the Right to Housing. The file was processed under number AAAA_ORD_3702/26_09.

The milestones of the process are as follows:

• February 3, 2026: Request from the Bergara City Council.
• June 5, 2026: Order to initiate the procedure, issued by Minister Denis Itxaso González.
• June 16, 2026: The initial Order was published in issue number 112 of the BOPV gazette and issue number 111 of the BOG gazette.
• 20 business day period: For interested citizens to submit allegations.
• September 11, 2026: Final Order of designation.

As stated in the text of the order, not a single allegation was submitted within the period and form during the allegation period and the hearing granted to the council. The justifying report considers case b) of Article 18.3 of Law 12/2023 to be verified: the cumulative growth of housing sale or rental prices over five years has been three points higher than the growth of the autonomous community’s CPI.

Rental price limit

The designation directly affects rental contracts. According to Article 17.6 of Law 29/1994, the Law on Housing Rentals of November 24, the initial rent of a new contract cannot be higher than the last rent in force for the same dwelling in the last five years, after applying the annual update clause of the previous contract.

As an exception, the rent may be increased by up to 10% in these cases:

• If the dwelling has undergone rehabilitation works in the two years prior to signing the contract.
• If the rehabilitation or improvement works verify a 30% saving in non-renewable primary energy.
• If accessibility improvement works were completed in the two years prior to signing the contract.
• If the contract is signed for ten years or more, or if the tenant has the right to extend it for that period.

Furthermore, when the landlord is a “large holder” (gran tenedor), Article 17.7 establishes that the initial rent cannot exceed the maximum price according to the reference price index system. This same limit will apply to dwellings that have had no rental contracts in the last five years, provided that the resolutions of the Ministry of Transport, Mobility and Urban Agenda so state.

«Large holder» designation

The orders specify who has the status of “large holder” (gran tenedor) in the designated municipality. The definition is based on article 3.k) of Law 12/2023:

• A natural or legal person who owns five or more dwellings.
• Or who has built a surface area for residential use of more than 1,500 square meters.
• Garages and storage rooms are excluded from the calculation.
• Exception: dwellings belonging to public administrations, their instrumental bodies, or companies in which they hold a majority stake.

Validity and communication

The designations have a validity of three years and may be extended annually following the same procedure, provided that the circumstances that led to the designation persist and after presenting justification for the measures taken. The order must be notified to the Secretary General for Urban Agenda and Housing of the Ministry of Transport, Mobility and Urban Agenda; the ministry will publish the list of designated areas every three months.

The order exhausts the administrative route. Interested parties may file a request for reconsideration within one month, or a contentious-administrative appeal within two months, published in the BOPV gazette and starting from the following day.

Impact for citizens

This is a decision linked to the rental market of Bergara, and it applies to the entire municipality, not to a specific neighborhood or sector. The measures have two main paths: a limit on new rents, linked to the rent of the last contract, and a maximum price of reference indices in the case of those designated as “large holders.” Within a three-year period, the city council and the Basque Government must develop a specific plan to correct imbalances, as required by the designations themselves.

Fuente: Boletín Oficial del País Vasco, núm. 182, 23 de septiembre de 2026, Otras Disposiciones, pp. 1-6 (official reference: 2026/3985).