Renting a commercial premises in Spain involves complying with a series of regulations and legal procedures. Below, I detail the most relevant aspects of the legislation that you should consider:
1. Lease Contract
- Urban Lease Law (LAU): The law that regulates the leases of commercial premises in Spain is Law 29/1994, of November 24, on Urban Leases. This law establishes the general conditions that lease contracts must meet.
- Duration of the contract: The minimum duration of the contract is usually five years, although the parties may agree on a different term. If the tenant is a company, a shorter duration may be agreed.
- Rent: The amount of the rent must be established, as well as possible annual increases. The law allows the updating of the rent using the CPI or other agreed indexes.
2. Landlord and Tenant Obligations
- Landlord: Must guarantee the peaceful use of the premises, make the necessary repairs and comply with safety and health regulations.
- Tenant: Must pay the agreed rent, keep the premises in good condition and comply with current regulations (licenses, permits, etc.).
3. Licenses and Permits
- Opening License: Before starting commercial activity, it is necessary to obtain an opening license from the corresponding City Council. This license ensures that the premises comply with urban planning and safety regulations.
- Specific Licenses: Depending on the type of activity, additional licenses may be necessary (for example, for activities that generate noise, food handling, etc.).
4. Securities and Bonds
- The law allows the landlord to request a deposit equivalent to one month’s rent for commercial premises, although the parties may agree on a higher amount.
5. Rights of First Refusal
- In the event that the landlord decides to sell the premises, the tenant has the right of first refusal, that is, he must be offered the possibility of acquiring the premises under the same conditions as those offered to a third party.
6. Termination of the Contract
- The contract may end for various reasons, such as compliance with the agreed term, agreement between the parties, breach of obligations, etc. It is important to provide in the contract the conditions for termination and the consequences thereof.
7. Legal Advice
- Given the complexity of the legislation and the importance of the contract, it is advisable to have the advice of a lawyer specialized in real estate or commercial law to ensure that the contract complies with the regulations and protects the interests of both parties.
8. Registration of the Contract
- Although it is not mandatory, the lease contract can be registered in the Property Registry, which can provide greater legal security.
Remember that regulations may vary depending on the autonomous community and municipality, so it is important to consult the specific legislation of the area where the business premises is located.