Documentation, EPC and Prior Information to the Tenant in Euskadi

Residential lease disclosures in the Basque Country are strictly regulated by the Ley de Arrendamientos Urbanos (LAU) (effective 1 January 1995), the regional Basque Housing Law 3/2015 (effective 26 June 2015), and the Right to Housing Law 12/2023 (effective 26 May 2023). Displaying a simple "For Rent" sign on a balcony in Irun or posting an advertisement online for Basque housing now requires specific preliminary documentation to avoid fines from the Basque Government's Consumer authorities.

1. Mandatory Energy Performance Certificate (EPC Basque Government)

In compliance with national Royal Decrees (RD 390/2021 & Law 8/2013), landlords in Euskadi promoting their property for a new tenant must have an Energy Performance Certificate (EPC) registered with the Basque Country Registry of Energy Efficiency Certificates (EVE).

• Any commercial rental advertisement must display the energy label (Rating A to G).
• Omitting this information by claiming it is "in process" does not prevent sanctions, which range from €300 to €6,000 (Minor: €300–€600; Serious: €601–€1,000; Very Serious: €1,001–€6,000) following an inspection.
• It is mandatory to attach a legible copy of the certificate to the final lease agreement.

2. Mandatory Information for Candidate Tenants (Housing Law)

The national Law 12/2023 on the Right to Housing requires landlords and investors in Euskadi to inform candidate tenants in writing before signing the lease or receiving any payment about key aspects of the property (Art. 31). Additionally, the disclosure of hidden defects is governed by Articles 1484 and 1553 of the Civil Code:

1. Identification: Identification of the landlord and any intermediary involved.
2. Total Price Breakdown: Clarification of the monthly rent and which expenses (community fees, property tax/IBI) are included or separate.
3. Dwelling Characteristics: Including the Licencia de Primera Ocupación (replacing the Cédula de Habitabilidad in Euskadi under Decree 80/2022), useful and built surface area, building age, services, facilities, and accessibility conditions.
4. Legal Information: Including the Cadastral Reference and registry status.

3. Real Estate Agency Fees (Tenant Payment Prohibited)

For habitual residence rentals, Art. 20.1 of the LAU (as amended by Law 12/2023) prohibits the tenant from paying the real estate agency commission.

Any investor or owner (whether a natural or legal person) who hires a real estate agency in Bilbao or San Sebastian to find a tenant will be the exclusive payer of the management and contract formalization fees. Passing this cost to the tenant is a void clause that can be challenged and recovered through the courts.

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