Documentation, EPC and Prior Information to the Tenant in Euskadi
The normative shields and documentary requirements demanded by the Basque Government and the Housing Law before launching your apartment to the market in Bil...
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This content is for general informational and educational purposes only. It does not constitute legal advice and should not be relied upon as such. Laws change frequently — always verify current regulations and consult a licensed attorney in your jurisdiction for advice specific to your situation. Landager is a property management platform, not a law firm.Information last verified: May 2026.
Displaying a simple "For Rent" sign on a balcony in Irun or posting an advertisement online for Basque housing now requires specific preliminary documentation to avoid fines from the Basque Government's Consumer authorities.
1. Mandatory Energy Performance Certificate (EPC Basque Government)
In compliance with national Royal Decrees, landlords in Euskadi promoting their property for a new tenant must have an Energy Performance Certificate (EPC) registered with the Basque Country Registry of Energy Efficiency Certificates.
- Any commercial rental advertisement must display the energy label (Rating A to G).
- Omitting this information by claiming it is "in process" does not prevent sanctions, which range from €300 to €6,000 following an inspection.
- It is mandatory to attach a legible copy of the certificate to the final lease agreement.
2. Mandatory Information for Candidate Tenants (Housing Law)
The national Law 12/2023 on the Right to Housing requires landlords and investors in Euskadi to inform candidate tenants in writing before signing the lease about key aspects of the property:
- Total Price Breakdown: Clarification of the monthly rent and which expenses (community fees, property tax/IBI) are included or separate.
- Landlord Identification: The tenant has the right to know if they are dealing with the full owner, a usufructuary, or a legal entity.
- Certificate of Habitability and Cadastral Reference: A valid certificate of habitability and the cadastral reference number of the property must be provided.
3. Real Estate Agency Fees (Tenant Payment Prohibited)
For habitual residence rentals, NATIONAL LAW PROHIBITS the tenant from paying the real estate agency commission.
Any investor or owner who hires a real estate agency in Bilbao or San Sebastian to find a tenant will be the exclusive payer of the management and contract formalization fees. Passing this cost to the tenant is a void clause that can be challenged and recovered through the courts.
Back to Basque Country Residential Overview.
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