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6% VAT on new builds: how the 2026 regime works

6 min read

Since 1 July 2026, new construction of moderately priced housing can be invoiced with 6% VAT instead of 23% - anywhere in the country, without depending on being in an ARU. It is a different regime from the one explained in the article on urban rehabilitation, and it is worth not confusing the two.

Building under construction in Algés, a Reabilita project
Building under construction in Algés · Reabilita project, 2026
Legal basis
The regime comes from Decree-Law no. 97/2026, of 20 May, which created item 2.42 of List I of the VAT Code. It officially came into force on 1 July 2026, but applies retroactively to construction contracts whose procedural initiative (licensing application or prior notification) began between 25 September 2025 and 31 December 2029, provided the tax becomes due from 1 January 2026. Invoices issued between January and June 2026 at the standard rate can be adjusted by agreement between the parties, by issuing a credit note.

Not to be confused with the reduced VAT in ARUs

This is a general regime, applicable in any municipality in the country, whether or not the property is in an Urban Rehabilitation Area. The criterion is not location - it is the sale price or rent. A new-build project in any area can access this benefit, provided it meets the limits below; a renovation project inside an ARU can, in addition, access the benefit explained in the first article of this Guide, which depends only on location.

Review the difference from the ARU-specific regime in What is an ARU and why does it reduce VAT on renovation?

The two routes to the 6% rate

Use of the property 2026 limit
Sale as the buyer's own permanent home €660,982
Residential rental, minimum contract of 36 months (consecutive or not) €2,300/month

The sale limit corresponds to the upper value of the 2nd IMT bracket for a permanent own home in 2026; the rent limit corresponds to 2.5 times the 2026 guaranteed monthly minimum wage. Both limits are updated every year.

The criterion is no longer where the property is. It is now who it will be sold or let to, and for how much.

The 70% rule in mixed-use buildings

In buildings that combine housing with other uses (retail, services), at least 70% of the total construction area must be allocated to housing for the construction contract as a whole to benefit from the reduced rate.

Self-build: a different mechanism

If an individual directly contracts the construction of their own permanent home (self-build, with no intermediate developer), the mechanism is not direct invoicing at 6% - it is a refund scheme. VAT is paid at the standard 23% rate at the time of the works, and the individual can then ask the Tax Authority to refund the difference compared with 6%. The application must be made within 12 months of the use permit being issued, and the refund should be made within 150 days of the application being received.

Beware the risk of selling above the limit
If a property built or sold under this regime ends up being sold above the €660,982 limit, the builder or developer is called on to pay the tax difference that was not charged - the 17 percentage points between 6% and 23% on the value of the construction contract. This makes it especially important to set the sale price properly before invoicing the works at the reduced rate.

Reverse charge

The decree also extends the reverse-charge mechanism in certain situations: the invoice is issued without VAT charged by the supplier, and the customer must self-assess and pay the tax to the State. The Tax Authority has published Circular Letters no. 25116 and 25117 clarifying how these rules apply in practice - it is worth the finance department and the contractor having them to hand before invoicing any construction contract under this regime.

Can a property outside any ARU get 6% VAT on construction?

Yes - this regime does not depend on location in an ARU, only on the sale price or rent being within the defined limits.

Can I invoice at 6% and only confirm later whether the final price meets the limit?

It is risky. If the property ends up sold above €660,982, the builder has to pay the VAT difference that was not charged - ideally, set the sale price before invoicing the works at the reduced rate.

Are construction contracts invoiced in early 2026, before the official entry into force, left out?

Not necessarily - they can be adjusted by agreement between the parties, by issuing a credit note, provided the procedural initiative began between 25 September 2025 and 31 December 2029.

This article is for general information only and does not replace personalised tax advice. How this regime applies depends on the specific situation of the project, the developer and the property - we always recommend checking with a certified accountant before invoicing a construction contract at this rate.