Documentation, EPC and Prior Information to the Tenant in Euskadi
The normative shields and documentary requirements demanded by the Basque Government and the Housing Law before launching your apartment to the market in Bil...
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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.
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:
- Identification: Identification of the landlord and any intermediary involved.
- Total Price Breakdown: Clarification of the monthly rent and which expenses (community fees, property tax/IBI) are included or separate.
- 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.
- 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.
Back to Basque Country Residential Overview.
Frequently Asked Questions
▶What disclosures must landlords provide in Basque Country?
Landlords in Basque Country 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.
▶What are the key landlord-tenant laws in Basque Country?
Understanding the nuances of property management in "basque-country" 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 Basque Country?
The eviction process in Basque Country 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 Basque Country?
Basque Country 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 Basque Country?
Security deposit rules in Basque Country 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 Basque Country?
Lease agreements for rental properties in Basque Country 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 Basque Country?
Landlords in Basque Country 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 Basque Country may impose additional requirements beyond the national standard.
Read the complete guide▶What are the late fee rules in Basque Country?
Basque Country 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.
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