Basque Country: Complete Residential Rental Guide

Managing residential property in the Basque Country (Euskadi) requires navigating a dual-layer legal system: the national Ley de Arrendamientos Urbanos (LAU) and the regional Basque Housing Law (Law 3/2015). This region is known for its high level of autonomous control and strict administrative requirements.

1. The Basque Regulatory Landscape

The Basque Country has one of the most proactive housing policies in Spain. Landlords in Bilbao, San Sebastián, and Vitoria must comply with:

• The LAU (Law 29/1994): Governing the contract structure, duration (5/7 years), and basic rights.
• Basque Housing Law (3/2015): Establishing the social function of housing and the registry of empty homes.
• Law 12/2023 (Tense Zones): Euskadi has been a pioneer in applying rent caps in declared "Tense Zones" (Zonas Tensionadas), such as Errenteria and parts of San Sebastián.

2. Central Role of Bizilagun

Every landlord in the Basque Country is legally bound to interact with Bizilagun:

• Mandatory Deposit: Security deposits (1 month for housing) MUST be lodged with this regional service.
• Mediation: Bizilagun provides a free mediation service to resolve disputes between landlords and tenants before reaching the courts.
• Compliance Checks: The Basque Government actively monitors the deposit registry to cross-reference with tax filings (Hacienda Foral).

3. Key Compliance Areas

• Rent Caps: In declared Tense Zones, rent increases for new contracts are strictly limited by the State Reference Index for large landlords and previous contract rates for small landlords.
• Energy Certification (CEE): Mandatory for all rentals. In the Basque Country, this certificate must be registered in the Euskadi Energy Efficiency Registry.
• Technical Inspection (ITE): For buildings over 50 years old, the ITE is mandatory and its status must be disclosed to the tenant.

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