Required Disclosures & Previous Licenses in Commercial Rentals

When preparing a commercial property (offices, bureaus, warehouses, or street-level storefronts) for leasing in Andalusia, the framework is primarily governed by Ley 29/1994 (LAU), specifically Title III (Arts. 29-35). This law prioritizes the "will of the parties," meaning the contract terms are paramount, though the Spanish Civil Code applies in the absence of specific agreements. 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: The sanctioning regime is established in the Disposición adicional duodécima of Ley 8/2013. Advertising a commercial locale without the energy rating label can result in fines for minor infractions (300€–600€), serious (601€–1,000€), and very serious (1,001€–6,000€).
• At Contract Signing: The mercantile tenant must receive an official copy of this certificate as required by Art. 14.2 RD 390/2021. 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

In Andalusia, Ley 7/2021 (LISTA) and Decreto 226/2020 have simplified procedures. While ensuring the premises are suitable for a specific business via a Declaración Responsable (Responsibility Declaration) is typically the responsibility of the tenant, the landlord has specific obligations:

• Prior Infractions or Encumbrances: Landlords are liable for hidden defects (vicios ocultos) and undisclosed encumbrances, such as a pending Expropiación Forzosa (compulsory acquisition), under Articles 1483, 1484, and 1553 of the Código Civil. It is mandatory to warn the tenant of any open administrative or urban disciplinary files that prevent the business activity, as failure to do so can lead to contract rescission.
• Legal Status: The landlord must ensure the building has the necessary Licencia de Ocupación o Utilización (or equivalent declaration).
• Community of Owners (HOA): If the commercial space belongs to a neighborhood community, the landlord must provide 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 invoke the "Cuerpo Cierto" concept (Art. 1471 of the Civil Code) in the contract. This contractual concept regards the property as a whole in its current state, which helps prevent 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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