Mandatory Certifications for Aragon Commercial Rentals

Even when operating under the "freedom of pacts" framework that characterizes commercial real estate in Spain under the Urban Leases Act (effective 1 January 1995), property owners in Aragon must still navigate several non-negotiable, state-mandated administrative disclosures—such as energy certification required by Royal Decree 390/2021 (effective 1 June 2021)—before a lease can be legally formalized.

1. The Energy Performance Certificate (CEE)

The Certificado de Eficiencia Energética (CEE) is a mandatory document across Spain. In Aragon, the DGA (Government of Aragon) stringently enforces this requirement for virtually all retail storefronts, street-level shops, and operational office spaces.

• The Obligation: Landlords must hold a valid CEE (registered with the Aragon Department of Industry) before publicly marketing the property. Whether listing on Idealista or displaying a "Se Alquila" sign in the window, the property's energy rating (from A to G) must be visible.
• Exceptions: Rare exemptions apply only to completely raw, unfinished spaces ("en bruto") where the incoming tenant will undertake a massive architectural overhaul, or to industrial structures used exclusively as warehouses with minimal human occupation.
• Delivery: A physical or certified digital copy of the CEE must be handed to the commercial tenant at the exact moment the lease is signed. Failing to provide this renders the landlord liable for administrative fines ranging from €300 to €6,000, as established in the Ley de Suelo y Rehabilitación Urbana (Minor: €300–€600; Serious: €601–€1,000; Very serious: €1,001–€6,000).

2. Community Statutes (Propiedad Horizontal)

If the commercial space is located within a larger residential or mixed-use building (governed by a Homeowners' Association or Comunidad de Propietarios), the landlord has a critical duty—rooted in the Civil Code's principle of good faith rather than a specific LAU mandate—to disclose the community's internal statutes to the business owner. However, under Article 5 of the Ley de Propiedad Horizontal (LPH), these internal statutes shall not prejudice third parties, such as tenants, if they have not been registered in the Land Registry (Registro de la Propiedad).

This is fundamentally important for commercial tenants (especially in the hospitality sector: bars, restaurants, or clubs) because building statutes in Zaragoza or Huesca often contain strict prohibitions against:

• Installing massive exterior smoke extractors (salidas de humos) on the main facade.

• Exceeding certain noise thresholds.
• Operating late-night activities.

If a landlord hides restrictive community statutes, and the tenant subsequently signs a lease but cannot obtain municipal opening licenses, the tenant can sue the landlord to annul the lease due to dolo (fraudulent concealment) and demand compensation for their initial investments.

3. "Cuerpo Cierto" and Municipal Licenses

A crucial standard practice in Aragonese B2B leasing, based on Article 1471 of the Civil Code, is explicitly drafting that the premises are rented as a "cuerpo cierto" (a known, determined body).

This clause forces a specific disclosure: the landlord is delivering the physical space "as in its current observable state."

• It expressly shifts the entire administrative burden to the tenant.
• The business owner becomes solely responsible for investigating, applying for, and funding all necessary municipal operating licenses (Licencia de Apertura) from the corresponding Town Hall (Ayuntamiento).
• It legally protects the landlord from being responsible if the tenant fails building inspections or cannot legally open their intended business on the premises.

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