Required Certificates and Exemptions for Commercial Rentals in Asturias

While commercial regulations in the Principality are more flexible than residential ones, landlords are not exempt from providing mandatory pre-contractual information before leasing to SMEs, in order to avoid claims for hidden defects or concealment of information (dolo informativo).

1. The Energy Efficiency Certificate (Asturian CEE)

European directives require the owner of a commercial premise or office intended for lease to possess an Energy Efficiency Certificate (CEE/EPC) that classifies its energy rating.

• From the "To Rent" sign in the streets of Oviedo or Avilés to online portals, it is mandatory to exhibit the label (A-G ratings) registered with the General Directorate of Industry of the Principality of Asturias.
• Commercial CEE Exemption: The landlord is exempt from providing the CEE if the premise is a "warehouse where human presence is not expected" or if the property is delivered "en bruto" (brick shell, without finishes or climate control installations).

2. Disclosing Community Restrictions ("Estatutos")

One of the primary triggers of litigation in the hospitality sector is leasing a commercial premise in Gijón that belongs to a Community of Owners while omitting the existence of prohibitive community statutes:

If the community statutes expressly prohibit the installation of "smoke outlets" or "high-decibel music," and you entered into the contract without disclosing this, the tenant will face significant obstacles in obtaining the municipal license. In such cases, the landlord could be held liable for damages, including indemnifying the tenant for investments made and returning rent due to concealment of information.

3. "Cuerpo Cierto" Clause and Licenses

Unlike residential leases, where the owner has a mandatory obligation of habitability, Asturian professional landlords usually protect themselves by including a "Cuerpo Cierto" (as-is/bulk) stipulation in the contract.

This implies:

1. The tenant (SME) is solely responsible for processing and obtaining the Opening License from the City Council.
2. If the City

Council denies the license for the tenant's specific business plan, this shall not constitute grounds for claiming damages against the landlord or for terminating the contract without paying the agreed-upon penalties.

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