The Constitutional Court upholds mandatory conciliation for large landlords to reactivate suspended evictions

A requirement to attempt conciliation before restarting certain suspended evictions has passed constitutional review, according to elEconomista's account of Constitutional Court judgment 64/2026, dated 23 September.

The situation covered

The requirement affects large housing owners seeking to resume proceedings suspended under the pandemic's extraordinary measures. The reported judgment upholds transitional provision three of Law 12/2023, challenged by the Xunta de Galicia.

The distinguishing point from other requirements that were struck down is that the occupant's vulnerability had already been established by a court. The report explains that the court regards the burden as proportionate in view of the owner's position and the social function of property.

Reaching an agreement is not mandatory. Compliance can be evidenced by the outcome of the procedure or, if the administration does not handle it within two months, by a declaration of responsibility and proof of the request.

Five judges issued dissenting opinions. The disagreement concerns the proportionality of adding this step to suspended proceedings or those awaiting enforcement. This summary relies on the cited report, not a check of the official judgment text.

Source: elEconomista, 2 November 2026. Consulted on 4 November.

Related links

• RDL 29/2026 on housing: seasonal rentals and evictions
• Rental extension: Royal Decree-Law 28/2026
• ICAB ADR and MASC housing conference

Source scope: this report is based on the cited press coverage. Agente Lex has not independently checked the full judgment here.