Recently, the City of Madrid passed the 40 square meter rule, stating that is the minimum usable area for a dwelling in the city. Keep reading to learn about the rule and other stipulations made by the City of Madrid to ensure residents have comfortable living spaces.
What is the rule?
In Madrid, new residential properties (apartments, studios, or houses) must be at least 40 square meters in size to be legally registered as a home. This new regulation, modifying the General Urban Development Plan of Madrid (PGOUM), was approved in November 2023 and is now being enforced. Before this change, the minimum useful area was 38 square meters, and in some cases, it could be as small as 25 square meters. So, in summary, no tiny houses in Madrid.
Why does this exist?
The rule ensures that living spaces meet basic habitability standards, preventing tiny, uncomfortable apartments from being built. This was a problem in past decades as many apartments in Madrid were very small and dark. Aside from the minimum size requirement, there are other things the law stipulates to make apartments more comfortable living spaces. These include:
- Being exterior facing (the dwelling must have at least one window or door opening onto a public road or public open space).
- The home must have adequate light and ventilation.
- Lighting openings, such as windows, must occupy at least 12% of the usable area of the habitable part of the property.
- Although open plan spaces are allowed, there must be a separate bathroom.
- The bathroom must have a toilet, sink and shower or bathtub.
- If there is only one bathroom, it must have an independent entrance (not the kitchen or a bedroom).
- If there is more than one bathroom, only one of them must have an independent entrance. The rest can be accessed from bedrooms.
Other size restrictions
In addition to the 40 square meter rule, there are other size restrictions on new houses built in Madrid.
- Areas with ceilings below 220 centimeters cannot be included in the 40 square meters.
- Main rooms must have ceilings 250 centimeters high.
- Bathrooms and kitchens can have ceilings lower than 250 centimeters, but they still must be at least 220 centimeters high.
- The square footage of balconies and terraces is also not included in the 40 square meters.
- The living/dining room must have a minimum area of 14 square meters.
- The Primary Bedroom must have a minimum area of 12 square meters.
For a full list of the requirements for new housing in Madrid, we refer you to: What are the minimum habitability conditions in Madrid
What about existing apartments that are smaller than 40 square meters?
We would like to stress that the 40 square meter rule in Madrid only applies to new construction; if a property was legally registered before the November 2023 law went into effect, it is still considered a viable living space. Thus you can still live in it, buy it, sell it or rent it.
However, it’s important to note that converting an existing non-residential space (like an office or storage unit) into a home requires meeting the 40 square meter rule. This is particularly relevant recently because, due to the perceived housing crisis, investors are starting to convert office spaces into residential housing.
Conclusion
If a property was legally registered as housing before the 40 square meter rule came into effect, you can:
- Buy it
- Sell it
- Rent it
- Live in it
But you cannot register a new living area under 40 square meters as a home.
To learn more about Madrid’s legislation concerning apartment livability, contact our founder directly at fabiana@madrid-estate.com or WhatsApp +34 680 306 337 to discuss your investment plans.
