Maintenance & Structural Repairs in Aragon Commercial Leases

Managing a retail storefront, warehouse, or office building in Aragon is fundamentally different from residential renting when infrastructure fails. The crux of commercial maintenance obligations in Spain lies entirely in the explicit drafting of the lease.

The Primacy of Contractual Will

Commercial leases in Aragon (arrendamientos para uso distinto del de vivienda) are governed primarily by the will of the parties (Article 4.3 of the LAU). If the contract is silent on maintenance, it does not default to the strict residential framework of Title II. Instead, it is governed by Title III of the LAU and, subsidiarily, the Spanish Civil Code.

While this provides greater freedom, silence in a B2B contract is still a risk. Without a clear allocation of duties, landlords and tenants may find themselves in costly litigation over the interpretation of "necessary repairs" under general civil law principles. Explicitly defining maintenance responsibilities is essential to avoid the ambiguity of statutory defaults.

"Triple Net" (NNN) and Transferring Risk

Because commercial contracts thrive on the "freedom of pacts" (libertad de pactos), landlords in the B2B sector standardly push the absolute maximum operational and structural burden onto the corporate tenant.

A prevalent strategy in Aragonese commercial real estate is drafting an agreement where the business operates on what is internationally known as a Triple Net (NNN) basis:

• Complete Maintenance Shift: The tenant legally agrees to fund all preventative and corrective maintenance, including fixing specialized machinery, electrical grids, and commercial facades.

• Tax and HOA Shift: The contract explicitly forces the business tenant to pay the annual municipal property tax (IBI) and the monthly building community fees (Comunidad), completely insulating the landlord’s base rental yield.
• Insurance: The tenant must secure comprehensive civil liability and structural insurance policies, naming the landlord as an additionally insured party.

Modifying the Premises: Works by the Tenant

A commercial tenant usually needs to drastically transform the "raw" space to fit their brand identity (a process known as obras de adecuación).

The Golden Rule: Prior Written Consent

Under Aragonese and Spanish law, a commercial tenant cannot execute significant structural works without the express, prior written consent of the landlord.

• Knocking down load-bearing walls, altering the building's facade, or merging the space with an adjacent local without permission is a direct cause for immediate contract termination and eviction.
• Furthermore, upon eviction or the natural end of the contract, the landlord has the right to demand that the tenant fund the complete restoration of the premises back to its original state, unless the landlord prefers to retain the improvements without paying any compensation (which must be explicitly stated in the contract).

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