Commercial Required Disclosures in Valencia

Understanding the intricacies of Commercial Required Disclosures in Valencia, Spain is absolutely vital for landlords and property managers aiming to maintain strict legal compliance and optimize their real estate portfolios.

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 de vivienda), 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) 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 significant fines from the regional consumer protection authorities.

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. Additionally, the landlord should disclose:

• Community Fees and Property Tax (IBI): If the landlord intends to pass these costs to the tenant (which is common in commercial net leases), they must disclose the previous year’s figures so the tenant can accurately assess their financial obligations.
• The GVA Fianza Process: In Valencia, the landlord must explicitly collect a security deposit (fianza) of exactly two months' rent and inform the tenant that this amount will be lodged with the Generalitat Valenciana (GVA). Providing proof of this deposit to the tenant is highly recommended to demonstrate regional compliance.

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