Commercial Rental Certificates & Exemptions in Asturias
Regional sanctions, "Cuerpo Cierto" clauses, and the mandatory certifications when signing a commercial lease in Asturias.
Legal Disclaimer
This content is for general informational and educational purposes only. It does not constitute legal advice and should not be relied upon as such. Laws change frequently — always verify current regulations and consult a licensed attorney in your jurisdiction for advice specific to your situation. Landager is a property management platform, not a law firm.Information last verified: May 2026.
Effective 1 January 1995, 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 according to Royal Decree 390/2021.
- 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, a principle derived from Article 1471 of the Civil Code.
This implies:
- The tenant (SME) is solely responsible for processing and obtaining the Opening License from the City Council.
- 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.
Return to the Asturias Commercial Overview.
Sources & Official References
Frequently Asked Questions
▶What are the key landlord-tenant laws in Asturias?
Understanding the nuances of property management in "asturias" is crucial for maintaining compliance under both national Spanish laws and regional decrees. This guide covers the essential compliance requirements for property owners and landlords.
Read the complete guide▶What is the eviction process for landlords in Asturias?
The eviction process in Asturias requires landlords to follow formal legal procedures established by both regional and national law. Valid grounds typically include non-payment of rent, lease violations, or the landlord's personal use of the property. Landlords must provide proper written notice, allow any required cure periods, and may need to obtain a court or tribunal order.
Read the complete guide▶What are the rent increase rules in Asturias?
Asturias has specific rules governing when and how landlords can increase rent, which may include caps on the percentage of increase, minimum notice periods, and restrictions on frequency. These rules may differ from national standards, so landlords must check regional regulations.
Read the complete guide▶What are the security deposit rules in Asturias?
Security deposit rules in Asturias govern how much landlords can charge, how deposits must be held or protected, and the timeline for returning deposits after a tenancy ends. Landlords must provide itemized statements of any deductions and comply with all regional and national statutory deadlines.
Read the complete guide▶What are the mandatory lease requirements in Asturias?
Lease agreements for rental properties in Asturias must comply with both regional and Spain national law. Required elements typically include the names of both parties, property description, rent amount and payment terms, deposit details, lease duration, and maintenance responsibility allocation.
Read the complete guide▶What are landlord maintenance obligations in Asturias?
Landlords in Asturias are required to maintain rental properties in a habitable condition, ensuring the structure, plumbing, electrical systems, and essential services are in proper working order. Regional laws in Asturias may impose additional requirements beyond the national standard.
Read the complete guide▶What are the late fee rules in Asturias?
Asturias has specific rules regarding late fees and penalties for overdue rent. These may include mandatory grace periods, caps on fee amounts, and restrictions on interest charges. Check both regional and Spain national regulations for the applicable rules.
Read the complete guide▶What disclosures must landlords provide in Asturias?
Landlords in Asturias must disclose relevant property information to prospective tenants before the lease is signed. Required disclosures may include known defects, environmental hazards, previous damage, and any conditions affecting the tenant's use of the property, in compliance with both regional and national law.
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