San Sebastián de los Reyes defines the scopes of protected housing

The City Council of San Sebastián de los Reyes has delimited the territorial areas in which the protected housing regimes provided for in Law 3/2024, of June 28, as amended by Law 2/2026, of June 11, will be applied in the municipality. The agreement was adopted by the Plenary in an ordinary session on September 17, 2026, and takes effect from October 16, 2026. It is published in the OFFICIAL GAZETTE OF THE COMMUNITY OF MADRID no. 249, of October 19, 2026, section III (Local Administration), with the reference BOCM-20261019-78.

The framework: four months to decide

Law 2/2026, on urgent measures to increase the supply of publicly protected housing, was published in the BOCM on June 15, 2026, and modified Law 3/2024 on three fronts: it expanded the special regime for change of use, created a regime for increasing buildability and density, and enabled temporary accommodation on industrial plots. The regulation grants city councils a period of four months from its entry into force to, by Plenary agreement, decide not to apply these regimes, impose additional restrictive conditions, or define the territorial areas of implementation.

The Technical Urban Planning Report accompanying the agreement warns that the homogeneous application of the law to the entire municipal area could affect the structure of the territory, residential intensity, the capacity of service networks, mobility, facilities, and the urban image. As a precedent, the document cites the action already carried out at Julio Rey Pastor Street, 7, which has allowed for the generation of 563 publicly protected homes.

The plots where change of use is permitted

The Plenary accepts the special regime for change of use under paragraphs 1 and 3 of the second article, but limits it to the following areas and plots:

• ZO 45 Puente Cultural (municipal plots): Puente Cultural Avenue, 2 (cadastral ref. 8815826VK4981N) and Puente Cultural Avenue, 4 (cadastral ref. 8815825VK4981N).
• ZO 65-Sector EE: Fuerteventura Street, 4; Teide Street, 5, 4 and 3; and Isla Graciosa Avenue, 3 and 1.
• ZO 60-T: Alonso Zamora Vicente Street, 16 (cadastral ref. 8609101VK4980N), a plot under execution under Law 3/2024 and included in Law 2/2026.

The agreement incorporates urban planning files for each plot and a location map of the application areas.

Buildability only on public land

For the new third article, regarding the increase in buildability and density, the City Council establishes an additional restrictive condition: it will only apply to publicly owned plots. The measure allows for an increase of up to 20% in buildability, up to 30% in density and, under certain conditions, an increase in height of up to two floors, exclusively for protected housing. The Council justifies the limitation based on the exceptional nature of the regime and the need to control the destination of the land and the housing.

In contrast, the new fourth article, concerning temporary accommodation on vacant industrial plots integrated into global residential use areas, is adopted without additional territorial restrictions. The report considers that the legal conditions are already sufficient: vacant plot, consolidated urban land, implementation across the entire plot, compatible uses limited to 20%, prohibition of habitual residence and horizontal division, and compliance with the standards of article 36 of Law 9/2001.

Publication and transfer

The agreement orders the publication of the text along with the technical report in the BOCM, on the electronic headquarters, and on the municipal transparency portal, and the sending of certification to the general directorates competent in matters of Housing and Urban Planning of the Community of Madrid within five business days. The document appears signed on October 8, 2026, by the delegated councilor for Urban Development, Contracting and Procurement, Environment and Sustainability, and Heritage, Diego Domingo García Muñoz.

The agreement is significant for developers, landowners, and housing seekers: as of October 16, it determines which plots in the municipality can be transformed into protected residential use and which cannot, and reserves the increase in buildability for public land, which conditions the actual margin for private initiative in San Sebastián de los Reyes.

Source: OFFICIAL BULLETIN OF THE COMMUNITY OF MADRID, no. 249, of October 19, 2026, section III (Local Administration), page 289 (official reference: BOCM-20261019-78).