Commercial Required Disclosures in Valencia

Understanding the intricacies of Commercial Required Disclosures in Valencia, Spain—governed primarily by the Spanish Urban Leases Act (Ley de Arrendamientos Urbanos), effective as of 1 January 1995—is vital for landlords and property managers aiming to maintain strict legal compliance.

The Legal Landscape of Valencia

In the Valencian Community, commercial required disclosures are essential for the transparency and legal validity of the leasing process. While the Ley de Arrendamientos Urbanos (LAU) provides significant contractual freedom for commercial units (uso distinto del de vivienda under Title III), various national and regional laws mandate that specific information and technical documentation be provided to the tenant. Ensuring full disclosure not only avoids administrative fines but also protects the landlord from future claims of hidden defects (vicios ocultos under Articles 1484-1490 of the Civil Code) that could invalidate the contract.

Mandatory Technical Certifications: The CEE

The most critical disclosure in Valencia is the Energy Performance Certificate (Certificado de Eficiencia Energética or CEE). Under Spanish national law (Real Decreto 390/2021), any commercial property offered for rent must have a valid CEE. In Valencia, this certificate is not valid unless it has been properly registered with the Instituto Valenciano de Competitividad Empresarial (IVACE). The landlord is legally required to provide a physical or digital copy of this certificate to the tenant at the time of signing. Failure to include the energy rating in marketing materials or failing to provide the certificate during the signing process can result in administrative fines governed by the Texto Refundido de la Ley de Suelo y Rehabilitación Urbana (RDL 7/2015). These fines range from €300 to €600 for minor infractions, €601 to €1,000 for serious infractions (such as renting without delivering the certificate), and €1,001 to €6,000 for very serious infractions (such as falsifying information).

Disclosing the Activity License Status

Another vital disclosure in Valencia relates to the Licencia de Actividad (Activity License). While the tenant is generally responsible for securing the specific municipal permits for their business, the landlord has a duty of good faith to disclose the current licensing status of the premises. If the premises are subject to any municipal orders, pending building inspections, or if there are structural issues that would prevent the local Ayuntamiento (City Council) from granting a license, the landlord must disclose these facts. This is particularly important for retail and hospitality units in the city centers of Valencia, Alicante, or Castellón, where zoning and noise regulations are strictly enforced.

Financial and Administrative Disclosures

A key administrative disclosure is the Cadastral Reference (Referencia Catastral) of the property. This 20-digit alphanumeric code identifies the property within the Spanish Land Registry and is a mandatory element of all lease contracts in Spain under Article 38 of the Texto Refundido de la Ley del Catastro Inmobiliario. Additionally, the landlord should disclose:

• Community Fees and Property Tax (IBI): To legally pass these costs to the tenant (LAU Art. 20.1), the lease must be in writing and specify the annual amount of these expenses at the date of the contract.
• The GVA Fianza Process: In Valencia, the landlord must explicitly collect a security deposit (fianza) of exactly two months' rent (LAU Art. 36.1) and lodge this amount with the Generalitat Valenciana (Model 806) within 15 business days of the contract date, as per Decreto 333/1995. Under Art. 10.3 of the same decree, the landlord is under a mandatory legal obligation to provide the tenant with a photocopy of the document accrediting the deposit within one month of its formalization.

How Landager Supports Your Portfolio

Managing compliance across different jurisdictions can quickly become overwhelming. Landager provides a unified dashboard designed to track local notice periods, handle multi-currency rent collections, and automatically remind you of upcoming compliance expirations.

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