Commercial Leases in Asturias: Overview

Formalizing a lease contract for a restaurant in Oviedo, an industrial warehouse in Gijón, or offices in Avilés falls under the Spanish legal denomination of "Lease for use other than housing." Unlike the protective umbrella of residential leasing, the Asturian commercial market bases its rules on the ironclad principle of the "Freedom of Pacts".

Contractual Freedom: The B2B Golden Rule

Article 4.3 of the Spanish Urban Leases Act (LAU) establishes the indisputable hierarchy for resolving any commercial conflict:

1. Whatever is stipulated and formally written by mutual agreement in the contract.
2. Suppletorily, Title III of the LAU itself.
3. Ultimately, the Spanish Civil Code.

This means there are no forced 5-year extensions, no state limits on price increases, and repair obligations can fall 100% on the tenant company, if signed as such.

Changes to the Asturian Security Deposit

Historically, Asturias was an anomaly in Spain: the commercial owner kept the premises' deposit privately without the obligation to deposit it with the autonomous community.

However, the legislative scenario is changing drastically:

• National Requirement (LAU): State law obligatorily requires every B2B landlord to collect Two (2) full months of initial legal deposit in cash.

• Regional Custom: Unlike many other Spanish regions, Asturias does not currently have a mandatory regional deposit registry for commercial leases. Landlords typically hold the deposit privately, though they remain legally responsible for its return and taxation.
• Discover more about Commercial Deposits and AvalsPreview unavailable

Taxation: VAT and IRPF Withholdings

Renting a property for corporate profit in Asturias is subject to taxation totally opposed to housing:

1. Monthly Invoicing (VAT/IVA): The owner must inescapably add the 21% stipulated national VAT to the base of the rent invoice.
2. IRPF Withholding (Currently 19%): If the tenant is a legal SME, mercantile society, or an operating registered freelancer, they must apply and deduct a withholding on account of the owner's yields on the base invoice. The businessman pays that withheld portion to the state public Treasury on behalf of the Asturian renter.

Transfers, Assignments, and Uncapped Rent Increases

• Subletting and Assignment (Transfer): Unless expressly prohibited in the lease agreement, a commercial tenant in Asturias has the right to assign the lease (transfer) or sublet the premises without the landlord's consent (Article 32 LAU). In such cases, the landlord is entitled to a rent increase: 20% for a total assignment/transfer or 10% for a partial sublet.
• Absence of Rent Caps: The rent increase limits (such as the 3% cap for 2024/2025 or the new housing index) applicable to residential leases do not apply to commercial tenancies in Asturias. Rent updates are governed entirely by the contract. If the contract is silent on rent updates, the rent remains fixed for the duration of the term. Learn more about Rent IncreasesPreview unavailable.

Avoid tax risks and administrative sanctions by ensuring the correct issuance of invoices with VAT and IRPF withholdings. Manage your Asturias commercial portfolio and track lease maturities using Landager's compliance tools.