Spain's Government is turning to an unusual parliamentary mechanism in an attempt to revive its housing measures after Congress rejected them last week.

With the Cortes Generales now dissolved ahead of Spain's November 29 general election, the Government has approved new versions of its two housing royal decree-laws and will seek their validation through the Diputación Permanente of Congress.

The mechanism is constitutionally established to keep certain parliamentary functions operating while the full chamber is not sitting. In this case, it can decide whether royal decree-laws approved by the Government are convalidated or rejected.

What Is the Diputación Permanente?

The Diputación Permanente is a special body of Congress that remains active when Parliament is not in ordinary operation, including after the dissolution of the Cortes.

Article 78 of the Spanish Constitution establishes that it must continue exercising its functions until the new Cortes are constituted.

Among those functions is the parliamentary control of royal decree-laws issued by the Government during a period in which the Congress is dissolved.

It therefore does not replace Congress for normal legislation.

Instead, it performs a limited set of constitutional functions during the period between the dissolution of Parliament and the formation of the new chambers.

Why Does It Matter for the Housing Measures?

The Government's previous housing decrees were rejected by the full Congress on October 2.

One of the measures, Real Decreto-ley 26/2026, was derogated after the vote. The BOE formally published the Congress resolution ending its legal effect on October 2.

The Government has now approved new texts rather than simply attempting to revive the exact legislation that Congress had already rejected.

That distinction is important.

The new decree-laws contain modifications, allowing the Government to submit them again through the constitutional procedure applicable during the dissolution of the Cortes.

The Numbers Are Different From a Normal Congress Vote

The Diputación Permanente has 69 members.

Its current distribution is:

• 27 PP

• 24 PSOE

• 6 Vox

• 6 Sumar

• 1 ERC

• 1 Junts

• 1 EH Bildu

• 1 PNV

• 1 Mixed Group

• The president of Congress, Francina Armengol, is also included in the 69-member body and belongs to the PSOE parliamentary group.

This produces a different parliamentary arithmetic from a normal vote involving all 350 members of Congress.

Based on the positions taken during the October 2 vote, the groups supporting the main housing decree could reach 35 votes, compared with 34 against, if they maintain the same positions.

That means the Government potentially has a route to convalidate the main decree without needing Junts.

The PNV Holds Particular Importance

The situation is more complicated for the second housing decree, which concerns the extension of certain residential rental contracts.

The PNV supported the first housing package but voted against the second decree in the October 2 Congress vote.

As a result, the same voting pattern would produce a different outcome in the Diputación Permanente.

The Government therefore cannot assume that both decrees will have identical prospects. The final texts and the positions taken by the parliamentary groups will determine the result.

What Is in the New Housing Package?

The Government's new package maintains the main elements of the previous housing measures while adding or modifying some provisions.

Among the most significant announcements is the TU CASA mechanism for first-time buyers.

The Government has announced a €10 billion financing allocation for loans of up to €50,000 for people purchasing their first habitual residence.

The mechanism is structured as financing rather than a grant. The earlier legal text established interest-free loans covering up to 20% of the home's value, subject to the €50,000 maximum, and managed through the ICO.

The Government has also said the new package maintains measures designed to protect vulnerable households facing eviction when they have no alternative accommodation.

Other measures focus on increasing affordable housing supply and providing greater stability in the rental market.

The Measures Are Not Yet Automatically in Force

This is the most important point for tenants, landlords and prospective buyers.

The fact that the Council of Ministers approved the new texts on October 6 does not mean every measure is already permanently operative.

The decree-laws must pass the parliamentary control process through the Diputación Permanente.

If a decree is convalidated, it remains in force under the terms established in the approved legislation.

If it is rejected, it falls.

The Government is therefore attempting to secure parliamentary approval for measures that were rejected only days earlier, but through a different constitutional mechanism made possible by the dissolution of the Cortes.

Why the Timing Is Unusual

The sequence of events has been exceptionally fast.

The first housing decrees were approved and entered the parliamentary process at the end of September.

Congress rejected them on October 2.

The Government then called an early general election for November 29, with the Cortes subsequently dissolved.

On October 6, the Council of Ministers approved new versions of the housing decrees.

The next stage is therefore the Diputación Permanente rather than a normal plenary vote of the 350-member Congress.

What Happens If They Are Approved?

If the Diputación Permanente convalidates the new decree-laws, the measures contained in the respective texts will continue through the legal framework established by those decrees.

For the main housing package, this could include protections for vulnerable households, measures intended to increase affordable housing supply and the TU CASA financing mechanism.

For the rental decree, the outcome would determine whether its provisions concerning certain automatic extensions of residential contracts become effective.

The exact legal effect depends on the final text approved and the parliamentary decision.

What Happens If They Are Rejected?

If the Diputación Permanente rejects a decree-law, it loses the opportunity to continue through that route.

The Government could still pursue housing policy through other legislative or administrative measures, but the specific decree would not survive the parliamentary vote.

This is why the composition of the Diputación Permanente has become so important during the current electoral period.

A Different Route Through Parliament

The Government's strategy is not simply a repeat of last week's vote.

It is using a constitutional mechanism designed specifically for periods when the Cortes are dissolved.

The Diputación Permanente has fewer members than the full Congress and a different distribution of seats. That changes the arithmetic and creates a potential route for the Government's main housing package to obtain the support it failed to secure in the October 2 plenary vote.

However, the outcome is not guaranteed.

The new texts must still be examined and voted on, and the parliamentary groups can change their positions.

For now, the confirmed position is that the Government has reapproved the housing decrees and is seeking their convalidation through the Diputación Permanente, while Spain remains in the run-up to the November 29 general election.