Spain - New Sustainable Mobility Law: this is the regulatory framework for an orderly transition to a new transport system

Spain is taking a new step in the transformation of its transport system with the approval of the Sustainable Mobility Law, a regulation that redefines the public and business planning framework to move towards a more accessible, efficient, and low-emission mobility. The law, published in the Official State Gazette on December 4, 2025 (and effective the following day, December 5), provides the basis from which to coordinate efforts between administrations and encourage the active participation of the private sector in the organization of the transport system and commuting to workplaces.

The cornerstone of this reform is an integrated strategic system comprising several planning instruments. The law creates (i) the Sustainable Mobility Guidance Document (DOMOS), which sets out common policies for all administrations; (ii) the National Sustainable Mobility Strategy, which aligns these policies with European climate objectives; (iii) the Sectoral Mobility Plans, relating to rail transport, road infrastructure, intermodal mobility, transport digitization, and decarbonization; and (iv) the regional and municipal Mobility Plans, which must be coherently integrated into this general framework. This approach responds to the necessity of providing private investments in mobility with a stable and predictable regulatory context, promoting national objectives aligned with European regulations, uniform criteria for low-emission zones, and periodic evaluations based on transparent indicators.

The law also focuses on mechanisms aimed at decarbonising transport. It provides regulatory and fiscal incentives for the electrification of public and private transport, the renewal of commercial fleets and the rollout of charging infrastructure and alternative fuels, such as hydrogen and biomethane. These actions are in line with the objectives of the Integrated National Energy and Climate Plan, which seeks to reduce emissions by 2030 and 2050.

The promotion of public transport is another priority line of action. The law establishes a stable financing framework through the State Fund for Mobility Sustainability, which is intended to support subsidies for public transport, digitization projects, and actions that reduce emissions associated with mobility. The expansion of public transport networks and the improvement of intermodality will be integrated into the planning policies established in state, regional, and municipal instruments.

The law introduces obligations for businesses regarding sustainable commuting to work. It requires that, within 24 months from its entry into force, businesses and public sector entities must implement a sustainable commuting plan for any worksite with more than 200 employees or more than 100 per shift. These plans must be negotiated with workers’ legal representatives or, if none exist, with the most representative trade unions in the relevant sector.

Sustainable mobility plans must be monitored, with a biannual report, and include sustainable mobility solutions that consider, for example, the promotion of active mobility, public transport, low-emission mobility, shared and collaborative mobility solutions, solutions to facilitate the use and recharge of zero-emission vehicles, teleworking where possible, as well as measures to improve road safety and prevent accidents when traveling to the workplace. The plans may include compensation for the carbon footprint of greenhouse gas-emitting mobility on which it has not been possible to take action. For high-occupancy workplaces (more than 1,000 workers in municipalities or metropolitan areas with more than 500,000 inhabitants), additional measures are required to reduce mobility and promote low/zero-emission means of transport and collaborative and active mobility.

When drafting the plans, the needs of all people who need to access the workplace (employees of the center, visitors, suppliers, etc.) shall be taken into account, as well as the sustainable mobility plan of the local authority in whose territory the center is located and, where applicable, the mobility regulation instruments approved by the competent transport and mobility authority.

Furthermore, the regulation amends Article 85.1 of the Statute of Workers, relating to the content of collective agreements, to establish the duty to negotiate measures to promote the development of sustainable mobility plans for commuting with the scope and content provided for in the law, aimed at finding mobility solutions that include the promotion of public transport, low-emission mobility, active mobility, and shared or collaborative mobility, with a view to achieving air quality and emission reduction targets, as well as avoiding congestion and preventing accidents during the commute to work.

Within this framework, the Sustainable Mobility Law establishes a system that combines strategic planning, institutional coordination, digitalization, and corporate responsibility. Its approval represents a turning point in how administrations and operators will have to address mobility associated with economic activity, positioning sustainable mobility as a central element for competitiveness, air quality, and the transition to a low-emission economy.