Commercial Required Disclosures in the Basque Country

Leasing a commercial property in the Basque Country, governed primarily by the Spanish Urban Leases Act (Ley 29/1994), which came into effect on 1 January 1995, requires the disclosure of specific technical and administrative documents. Failure to provide these can lead to administrative fines from the Basque Energy Agency (EVE) or the rescission of the lease contract.

1. Energy Performance Certificate (EPC/CEE) and the "Raw" Premises Exemption

Under Spanish law (RD 390/2021), any commercial property offered for rent must have an Energy Performance Certificate.

• The Obligation: The energy label (rating from A to G) must be included in all advertisements and the certificate must be handed over to the tenant upon signing.
• Fines in Euskadi: The Basque Energy Agency (EVE) enforces compliance. Under Real Decreto 390/2021, non-compliance with energy certification requirements may be sanctioned according to the provisions of the twelfth additional provision of the revised text of the Land and Urban Rehabilitation Law (Real Decreto Legislativo 7/2015, de 30 de octubre) and Article 49.1, sections f) and n), of the revised text of the General Law for the Defense of Consumers and Users (Real Decreto Legislativo 1/2007, de 16 de noviembre).
• The "Raw" (En Bruto) Clarification: Commercial premises delivered "en bruto" (shell condition) are not universally exempt. Under RD 390/2021 Art. 3.2.c, they may only be exempt if they are purchased or leased specifically for a major renovation or demolition that will include its own subsequent energy project.

2. Activity Licenses and Urban Suitability

In the Basque Country, municipalities (Ayuntamientos) are very strict about the use of commercial premises, especially for hospitality (Hostelería).

• Tenant Due Diligence: It is the tenant's responsibility to ensure that the premises are suitable for their specific activity (e.g., a bar, a medical clinic, or a warehouse).
• Liability Clauses: We recommend including a clause stating that the landlord does not guarantee the granting of the license, and that the tenant has verified the urban regulations (PEPRI - Special Plan for Protection and Interior Reform) before signing.
• ITE (Technical Building Inspection): This claim cannot be verified or corrected as the source URL for Decree 117/2018 is inaccessible.

3. The "Body Certain" (Cuerpo Cierto) Clause

To avoid liability for minor pre-existing defects, commercial leases in Bilbao or San Sebastián almost always include the "Cuerpo Cierto" clause.

• Legal Meaning: This claim cannot be verified or corrected as the relevant article of the Civil Code (Art. 1471) was not provided in the source URLs.
• Hidden Defects: This claim cannot be verified or corrected as the relevant article of the Civil Code was not provided in the source URLs.

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