Mandatory Commercial Disclosures in Cantabria: A Landlord’s Guide

Navigating commercial leases in Cantabria requires a thorough understanding of disclosure obligations under the Ley de Arrendamientos Urbanos (LAU), which has governed urban leasing across Spain since its effective date of 1 January 1995. Unlike residential leases, commercial agreements (arrendamientos para uso distinto del de vivienda) are primarily governed by the freedom of contract between the parties. This means that many of the protections and disclosures mandatory for housing can be negotiated or excluded.

Legal Framework: The Primacy of the Contract

According to Article 4.3 of the Ley de Arrendamientos Urbanos (LAU), commercial leases are governed first by the will of the parties. This reduces the number of "mandatory" statutory disclosures, leaving the contract to define most responsibilities.

National Disclosure Requirements

Despite contractual freedom, certain national regulations cannot be bypassed by landlords in Cantabria.

Energy Performance Certificate (EPC/CEE)

Since 2013, it has been mandatory for landlords to provide an Energy Performance Certificate to any prospective tenant before the lease is signed.

• Validity: Pursuant to Royal Decree 390/2021, Art. 13.1, the certificate has a maximum validity of 10 years, except when the energy rating is 'G', in which case the validity is limited to 5 years.
• Exemptions: Under Art. 3.2(e) of RD 390/2021, the exemption for premises under 50 sqm applies only to isolated buildings (edificios aislados). Commercial units located within a larger building (e.g., ground floor shops) are not exempt regardless of their size.
• Penalty: Failure to provide this certificate can result in significant fines under Royal Decree 390/2021.

Regional and Municipal Disclosures in Cantabria

In Cantabria, municipal regulations in cities like Santander or Torrelavega focus on the operational and urban planning status of the premises.

Urban Planning Status and Licensing

The landlord should disclose the real urban planning situation of the premises to avoid claims for hidden defects or breach of contract.

• Authorized Use: The landlord must clarify if the premises have the technical conditions required for the intended use (e.g., smoke vents for hospitality).
• Zoning Restrictions: In the historic center of Santander, strict regulations on façades and signage must be disclosed as they limit the tenant's ability to customize the storefront.

Autonomy in Security Deposit Management

While Article 36.1 of the LAU mandates a 2-month security deposit for commercial use, the obligation to deposit this sum with the regional administration was repealed by Ley de Cantabria 9/2017, de 26 de diciembre (Medidas Fiscales y Administrativas). Landlords in Cantabria are not required to deposit the fianza with the Tesorería de la Comunidad Autónoma.

How Landager Helps

Landager provides a secure document vault to store your Energy Certificates, Notas Simples, and contracts, ensuring your management in Cantabria meets both legal and contractual standards.