Listing new properties: No calls from cell phone allowed
Quietly and secretly, the Spanish government published a decree on February 12, 2025, which has been in force since June 7, 2025. This decree aims to curb the exponentially increasing fraud and identity theft through phone calls and text messages (SMS/MMS/RCS). While these measures against annoying and harassing spam calls are understandable, they also bring significant changes for us as entrepreneurs and real estate agents.
Particularly relevant is the ban on first contact by cell phone for certain purposes. Chapter IV, Article 9, of the decree explicitly stipulates this and threatens heavy fines in the event of non-compliance:
“Article 9 Prohibition of the use of mobile telephone numbers for customer service calls or unsolicited commercial calls.
- The use of number ranges assigned to the mobile service for the provision of customer services and for unsolicited advertising calls is prohibited.
- Failure to comply with the prohibition established in paragraph 1 will be penalized in accordance with article 107.19 of the General Telecommunications Law 11/2022, of June 28.”
The new regulation is being discussed intensively in various media and online portals. Based on this information, we can draw up a clear list of permitted and non-permitted communication channels for real estate agents:
Which is still permitted:
- Publication of the mobile number: You may continue to provide your mobile number on your website, in real estate portals or exposés as long as customers contact you voluntarily and of their own accord.
- Existing customer contacts via cell phone: Communication with existing customers via your cell phone remains permitted, provided that a previous legitimate contact already exists.
- Promotional calls and customer service via landline/special numbers: Future solicitation calls and customer service must be made via landline numbers (with geographic area code) or toll-free 800/900 numbers. These are officially assigned business numbers that allow clear identification and are free of charge to the caller (your customers).
- WhatsApp with mobile number (restricted): The use of WhatsApp Business via your cell phone number is only permitted if:
- the customer contacted you first or
- there is a clear opt-in (e.g. via your website or a messenger link where the customer has agreed to be contacted).
Which is no longer allowed:
- Cold calling with mobile numbers: Anyone who has previously called potential interested parties directly with their mobile number – for example after a real estate inquiry on a portal where there was no explicit consent to be contacted – must adapt their approach. The use of a cell phone number for such purposes is illegal if no prior express consent has been given.
- No mobile number for callbacks in commercial customer service: You may not use your mobile number as a central callback number on flyers, in contact forms or on your website if it is a commercial customer service (e.g. formulations such as “We will call you back” or “Call our team”).
Here is the link to the decree (20 days after publication in the BOE, it came into force and then 3 months until the regulation is active)
