Required Disclosures & Previous Licenses in Commercial Rentals

When preparing a commercial property (offices, bureaus, warehouses, or street-level storefronts) for leasing in Andalusia, Spanish regulations demand that the property owner act transparently and provide key documentation, both during marketing and at the contract signing.

1. The Energy Performance Certificate (CEE)

Just as with residential housing, this is the star, unavoidable document:

• Under Real Decreto 390/2021, any commercial premises or warehouse not expressly exempted by the rule (such as industrial ruins or temporary workshops with highly specific isolation rules) must possess a valid CEE registered with the Junta de Andalucía before being advertised for rent.
• Penalties: Advertising a commercial locale online without the energy rating label can result in fines ranging from 300 to 6,000 euros.
• At Contract Signing: The mercantile tenant must receive an official copy of this certificate. This delivery is usually documented via an explicit clause ("The lessee receives in this act a copy of the CEE...").

2. Urban Information and First Occupancy / Opening Licenses

Although ensuring the premises are suitable to open a specific business (obtaining the Licencia de Apertura or Declaración Responsable) is typically the responsibility of the entrepreneurial tenant, the landlord must act in good faith:

• Prior Infractions or Embargos: To avoid lawsuits for hidden defects (vicios ocultos), it is highly advisable to warn the tenant if the property suffers from any open urban disciplinary file that will prevent them from obtaining a commercial license.
• Community of Owners (HOA): If the commercial space belongs to a neighborhood community, the landlord must provide (or incorporate into the contract) the Community Statutes. These often contain express prohibitions (for example: "Nightclubs or annoying activities are prohibited" or "Commercial premises may not install smoke extractors on the main facade").

3. Structural Condition and Accessibility

Autonomous municipal regulations in Andalusia are increasingly strict regarding the accessibility of street-level businesses (mandating ramps and the elimination of architectural barriers).

While it is the new business owner who must adapt the premises to local bylaws to secure an opening license, it is standard practice to include a "Cuerpo Cierto" document or physical Due Diligence review in the contract as a reciprocal disclosure. This prevents later claims if the tenant assumes the premise knowing they must undertake heavy infrastructure works (like soundproofing or altering access points).

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