Required Disclosures for Landlords in Andalusia

Governed primarily by the Spanish Urban Leases Act (Ley de Arrendamientos Urbanos, LAU), which came into effect on 1 January 1995, being a compliant landlord in Andalusia requires more than merely drafting a solid lease. Both the Spanish government and the regional Junta de Andalucía mandate a strict set of disclosures and documentation that must be provided to prospective tenants—before they hand over any money.

1. Energy Performance Certificate (CEE)

The Certificado de Eficiencia Energética (CEE) is the most heavily enforced documentary obligation in Spain:

• Any landlord renting or selling a property must possess a valid CEE issued by a competent technician and registered with the Andalusian government.
• Advertising Obligation: The energy rating (A through G) must be clearly displayed in all listings, real estate portals, and advertisements.
• At Signing: The landlord is legally obligated to hand over a full copy of the CEE document to the tenant. The contract should explicitly contain a clause stating the tenant has received it.

Failing to possess or provide the CEE can result in severe fines enforced by consumer defense and industry regulations within Andalusia.

2. Pre-Contractual Information (Housing Law 12/2023)

The new State Right to Housing Law (Ley 12/2023), applicable across Andalusia, introduced Article 31, which forces landlords to provide extensive disclosures to an interested tenant before any deposit is paid or contract signed, should the tenant request it. This includes:

1. Comprehensive identification of the landlord (and the real estate agency/intermediary, if used).
2. The complete economic conditions: the exact rent, potential additional guarantees required, the system for annual updates, and a breakdown of community fees or utilities, noting exactly who pays them.
3. Essential physical characteristics of the property (full address, usable surface area, state of occupancy, included equipment, and year of construction).
4. Information regarding the previous rental contract (if the property was rented in the previous 5 years), which is necessary for the tenant to verify that rent price caps are not being violated.

3. Agency Fees (Inmobiliarias)

A massively important recent shift for residential renting in Spain concerns who pays the real estate agency commissions:

• According to the modified Urban Leases Act (Art. 20.1): "The real estate management expenses and the formalization of the contract will be at the landlord's expense."
• It is entirely illegal in Andalusia to force a tenant to pay a month’s rent as a "finder's fee" to a real estate agency for a primary long-term residence. (This restriction applies exclusively to standard long-term housing; vacation rentals, commercial spaces, and strictly short-term seasonal rentals are exempt).

4. Tourist Rental Disclosures (VFT / Vivienda con Fines Turísticos)

If you are renting a property in Andalusia strictly for short-term holiday purposes, completely different regional tourist laws regulate your disclosures:

• RTA Registration: The property must be registered in the Andalusian Tourism Registry (RTA), and the alphanumeric registration code must be prominently displayed in all online advertisements (Airbnb, Booking.com, etc.).
• Complaints Book: The property must physically display the official Andalusian Libro de Hojas de Quejas y Reclamaciones (Complaints Book) and its corresponding wall sign.
• Guest Instructions: Tourist landlords must provide a complete dossier (in Spanish) containing operating instructions for appliances, emergency contacts, local medical numbers, and community rules.

Streamline your paperwork and eliminate document amnesia. Landager’s document manager alerts you when your Andalusian Energy Certificate is about to expire and binds all your required legal disclosures into your secure, e-signed digital lease packets.

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