Maintenance and Works in Asturian Commercial Premises

Managing a commercial property in Asturias—whether an industrial warehouse in Gijón or a retail unit in Oviedo—requires a precise allocation of maintenance and repair obligations. Since the Spanish Urban Leases Act (LAU) 29/1994 became effective on 1 January 1995, the primary challenge for landlords has been ensuring that the broad freedom of contract allowed in B2B leasing is correctly reflected in the written agreement.

1. The Risk of Silence (Article 30 Referral)

In the absence of specific contractual clauses, Article 30 of the LAU dictates that maintenance for commercial premises is governed by the same rules as residential leases. Specifically, Article 21 of the LAU is applied suppletorily, placing the burden of all repairs necessary to maintain the property in a tenantable condition—including structural repairs and essential services—squarely on the landlord without the right to increase the rent.

For a landlord in Avilés or Siero, remaining silent on maintenance means being legally obligated to fund major structural fixes (e.g., roof repairs, plumbing mains, or foundation stabilization) out of pocket, even if the tenant’s business operations caused the accelerated wear.

2. Freedom of Contract: The "Triple Net" (NNN) Model

Unlike residential leases, commercial agreements in the Principality of Asturias enjoy "freedom of pacts" (Article 4.3 LAU). This allows landlords to transfer the entire operational and structural burden to the tenant through a "Triple Net" or NNN clause:

• Ordinary and Extraordinary Maintenance: Leases can stipulate that the tenant is responsible for every repair, from lightbulb changes to HVAC replacement and structural reinforcement.
• Operating Expenses (IBI and Community Fees): It is standard practice in Asturias to pass through the Impuesto sobre Bienes Inmuebles (IBI) and Community of Owners fees to the tenant, provided this is explicitly detailed in the contract.

3. Unauthorized Works and Reinstatement (Article 23)

Commercial tenants often need to adapt premises for their specific brand image. However, under Article 23 (applied via Article 30), the tenant cannot perform works that modify the configuration of the premises or affect its stability without written consent from the landlord.

• Termination Rights: Performing structural works without authorization is a breach of contract that can lead to judicial eviction and termination of the lease.
• Reinstatement (Dilapidations): The contract should clearly state whether tenant improvements remain for the benefit of the landlord (without compensation) or if the tenant must "reinstate" the property to its original "shell" state upon exit. In the absence of a pact, the landlord can demand the tenant return the premises to its initial condition.

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