Required Disclosures for Valencia Landlords

Since the Spanish Urban Leases Act (Ley 29/1994, de 24 de noviembre, de Arrendamientos Urbanos) came into effect on 1 January 1995, disclosure requirements for residential properties in Valencia have been strictly governed by national and regional statutes. Landlords must ensure all mandatory certifications and pre-contractual disclosures required by Ley 12/2023 are provided to tenants prior to the execution of the lease agreement to avoid potential voidability.

The Legal Landscape of Valencia

Property management in the Valencian Community requires adherence to specific regional decrees that complement the national LAU. The primary obligation for landlords is the transparency of the property’s physical and administrative state. This includes disclosing any known hidden defects (vicios ocultos) under Art. 1553 and 1484 of the Civil Code and providing official documentation that certifies the property meets minimum quality and efficiency standards.

Essential Guidelines for Landlords

To maintain compliance in Valencia, landlords should prioritize the following statutory requirements:

1. Energy Efficiency Certificate (CEE): Under Real Decreto 390/2021, Art. 17, the energy label must be included in all advertisements, and a copy of the CEE must be annexed to the lease agreement.
2. Occupation License: Per Law 3/2004 (LOFCE) Art. 34 and Decreto Legislativo 1/2021 (TRLOTUP), properties must possess a valid Licencia de Ocupación or have filed a Declaración Responsable de Segunda Ocupación to be legally rented. The term "Cédula de Habitabilidad" is no longer used in Valencia.
3. Registry of Fianza: In accordance with Decreto 46/2022, the mandatory security deposit must be registered and deposited with the Generalitat Valenciana. Administrative sanctions for non-compliance are established in Ley 8/2004.
4. Mandatory Pre-contractual Disclosures: Under Art. 31 of Ley 12/2023, landlords must provide information on the useful/constructed area, building age, services/facilities, ITE (Technical Building Inspection) status, and the reference price index (if in a stressed zone) prior to the lease.

Statutory Documentation Requirements

The failure to provide mandatory documentation is not merely an administrative oversight but a breach of contract. Under Art. 17 of RD 390/2021, the energy certificate label must be included in all advertisements. Furthermore, the provision of the Licencia de Ocupación or Declaración Responsable is a prerequisite for the tenant to formalize supply contracts for water and electricity in their name. Additionally, Ley 12/2023 requires the disclosure of the building's ITE status and useful area before the lease is finalized.

Consequences of Non-Disclosure

If a landlord fails to disclose material facts or provide mandatory certificates, the tenant may seek judicial remedy through the Juzgados de Primera Instancia (Civil Courts). Remedies include the forced remediation of defects, a reduction in rent, or the full termination of the lease agreement under the warranty against hidden defects (Art. 1553 Civil Code). Administrative non-compliance, such as failing to deposit the fianza under Decreto 46/2022, triggers significant fines established in Ley 8/2004.

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