Updated 8 October 2026. First published 30 September 2025. This article separates the law that applies today from legislation that has only been proposed, and I update it when something material changes. Written by Sandie Ashing, Lead Clinical Hypnotherapist at LUX Therapy Clinic. This is general information, not legal advice.
The short version
- Current law: the national law that applies today is Ley 28/2005. Nothing in the newer proposal has come into force.
- Proposed law: on 21 July 2026 the Spanish Council of Ministers approved a new tobacco bill (proyecto de ley). It would extend smoke-free areas to places such as bar and restaurant terraces and beaches, and bring e-cigarettes under the same consumption limits as tobacco in smoke-free spaces.
- Where it stands: on 5 October 2026 the Spanish Cortes were dissolved ahead of a general election on 29 November 2026. Under the Congress rules, bills still pending when Congress is dissolved normally lapse, so this bill is not expected to become law in its current form before the election. I have not found official confirmation of that outcome yet.
What the law says today
The national framework is Ley 28/2005, de 26 de diciembre, de medidas sanitarias frente al tabaquismo, in force since 1 January 2006. It bans smoking in enclosed public places and workplaces, including enclosed bars and restaurants, and in other listed settings such as health and education centres.
It does not impose a national ban on smoking on outdoor hospitality terraces. Regional governments and town councils can add their own rules, so what applies in practice can differ from one municipality to another. Always follow local signage.
What the 2026 bill proposes
According to the Ministry of Health press note, the bill, which would amend Ley 28/2005, proposes among other things:
- smoke-free bar and restaurant terraces, sea and river beaches, collective-use swimming pools, sports facilities, national parks, outdoor public shows and work vehicles (except where used exclusively for personal purposes)
- no smoking within 15 metres of the entrances to public buildings, health and social centres, schools, universities, museums, libraries, sports centres and children’s play areas
- an explicit ban on tobacco consumption by under-18s
- e-cigarettes subject to the same consumption limits as tobacco in smoke-free spaces
- sale and supply of tobacco products limited to specialised shops, and tighter rules on advertising and promotion, including online and vending machines
The Ministry says the law would enter into force 20 days after publication in the Boletín Oficial del Estado (BOE), with two months to adapt signage. None of this applies unless and until a law is passed and published.
Where the bill stands now
After Cabinet approval, the bill went to the Cortes Generales. On 5 October 2026 the Prime Minister announced a general election for 29 November 2026 and the Cortes were dissolved. The Reglamento del Congreso (article 207) says that when Congress is dissolved, pending matters lapse, with limited exceptions.
In practical terms: today’s rules have not changed, and the proposed terrace, beach and vaping restrictions are not law. Whether a similar bill is brought back after the election is a decision for the next government and parliament. I will update this article when that becomes clear.
What this means for smokers and vapers
- Check local signage, especially in tourist areas and on terraces and beaches, as councils can set their own rules.
- Vaping is not a loophole in public places. Many venues already treat it like smoking, and the proposal would formalise that.
- If you are visiting, see smoking and vaping rules for UK visitors to Malaga.
If these changes have made you think about stopping
Changes in the law do not force anyone to quit, but they often prompt reflection. If you are using this moment to think about it, these may help:
- Take the Quit Smoking Readiness Quiz
- Read about one-to-one, in-person Stop Smoking Clinical Hypnotherapy in Fuengirola and Lake Viñuela
- How to know if you’re really ready to quit smoking
- Small steps that can help you prepare to quit smoking
Official sources
- BOE: Ley 28/2005 (consolidated text)
- Ministerio de Sanidad: press note on the 2026 tobacco bill
- La Moncloa: general election announcement, 5 October 2026
- Congreso de los Diputados: Reglamento, article 207
This content is general information only. Laws and local rules change and vary by region and municipality. For definitive guidance, check the official sources above or your local council. Last reviewed 8 October 2026.
