The landscape for landlords in Gibraltar is evolving rapidly, and with 2026 just around the corner, it's crucial to understand how new regulations will affect your responsibilities – and your bottom line.
Whether you own a single rental property or manage a portfolio of lettings, staying ahead of legal reforms is not just good practice – it's essential for compliance, risk mitigation, and protecting your investment.
One of the most significant upcoming developments is Phase 2 of Gibraltar’s Register of Property Occupation Act, but that's not all landlords need to watch out for. Let’s take a closer look at what’s changing, what it means for you, and how you can prepare.
Understanding Gibraltar’s Register of Property Occupation Act
The Register of Property Occupation Act 2021 aims to improve the regulation of property occupation in Gibraltar. Its overarching purpose is to support better governance, security, and law enforcement by enabling government departments to understand who is residing where – and under what circumstances.
Part 1 of the Act, already in effect, established the Register of Property Occupation (RPO) – a mandatory database where landlords, property owners, and occupiers must register information about who is occupying a residential property.
Now, with Part 2 which came into effect on 1st July 2025, the scope of the law expands further to strengthen compliance and verification mechanisms. This phase brings new reporting obligations, greater data-sharing powers, and enhanced enforcement measures – making it essential for all landlords and agents to be fully prepared ahead of 2026.
According to the Government of Gibraltar, these changes will “facilitate law enforcement, security vetting, the prevention of fraud, and the administration of justice and public services.”
Key Highlights from Part 2 of the Act:
Every person responsible for the occupation of a property must declare:
The identity of every person occupying the premises.
The nature of their occupation (i.e. tenant, licensee, family member).
The start date of each person’s occupation.
Whether a rental agreement or commercial arrangement exists.
Declarations must be kept up to date. Any change in occupation – such as a new tenant moving in or a previous occupant moving out – must be reported within 30 days.
Government departments will now have shared access to the register. This includes Housing, the GHA, the RGP, the Income Tax Office, and Civil Status & Registration – enabling them to cross-reference records for immigration control, health service eligibility, benefits, and tax compliance.
Non-compliance with the Act could result in penalties, including administrative fines and future enforcement actions.
This legislation is not about penalising landlords – it's about creating a transparent framework that protects public services, upholds the law, and ensures fair and safe living standards for all residents in Gibraltar.
Other Laws Landlords Should Be Aware of
While the Register of Property Occupation Act is the headline change, there are other legal shifts and enforcement trends that Gibraltar landlords must pay attention to.
1. The Housing Act & Rent Control
Certain categories of housing in Gibraltar are still subject to rent control laws under the Housing Act, particularly older, pre-war tenancies. Although many landlords operate outside these restrictions, the Government continues to review this legislation, and future reforms could expand or redefine what falls under rent control.
What to do: Know the legal status of your property. If you own older stock or are unsure about classification, consult a property solicitor.
2. Stamp Duty & Tenancy Deposit Protections
Gibraltar is considering enhancements to tenancy deposit regulations, including requirements to lodge deposits in a Government-approved scheme (similar to the UK model). Though not law yet, this is being discussed in legislative circles as a way to better protect tenants and formalise rental relationships.
What to do: Even in the absence of legal obligation, it’s best practice to hold tenant deposits in a separate, clearly documented account, with a clear agreement in place. The OFT insists that Estate Agents’ Client Accounts are ringfenced – it’s a good idea for private landlords to do this too.
3. Digital Contracts & E-Signatures
As of 2024, Gibraltar formally recognised digital contracts and electronic signatures as legally binding under new e-Governance rules. This affects tenancy agreements and lease renewals, especially for landlords managing remotely.
What to do: Use secure digital platforms to sign and store your tenancy agreements, ensuring full legal traceability and compliance.
Penalties for Non-Compliance
The penalties for failing to comply with these new regulations – particularly under the Register of Property Occupation – are significant. They may include:
Fines of up to £5,000 for unregistered or inaccurately declared properties
Backdated tax demands, with interest and penalties
Restriction of access to legal eviction routes for landlords who are non-compliant
Possible naming and shaming in public registers
In short: compliance is not optional, and failure to act could have lasting financial and reputational consequences.
How to Prepare Now
Here are five key steps to take now to future-proof your rental business:
✅ 1. Audit Your Portfolio
Make sure all properties are properly registered, and all tenant details are up-to-date and accurate.
✅ 2. Update Tenancy Agreements
Include clauses that require tenants to inform you of any change in occupancy and prohibit unauthorised subletting.
✅ 3. Improve Record-Keeping
Digitise your records where possible. Keep proof of all identity checks, residency documentation, deposit handling, and safety certifications.
✅ 4. Seek Legal and Tax Advice
Work with a property solicitor and tax advisor to ensure you’re compliant with both current and upcoming legislation.
✅ 5. Stay Informed
Sign up to government bulletins, property newsletters, and professional landlord associations to receive the latest updates.
Final Thoughts
The changes moving forward into 2026 – especially with Phase 2 of the Register of Property Occupation Act – represent the biggest shake-up for Gibraltar landlords in over a decade. While the intention is to create a safer, fairer, and more transparent rental sector, the onus will be firmly on landlords to adapt.
If you act early and prepare properly, these changes don’t have to be a burden – they can even offer a competitive advantage in a tighter, more professionalised market.
Landlord laws are changing. If you want a free consultation and / or audit of your current portfolio to ensure you are compliant moving into 2026, get in contact with one of our Lettings Team today on: