Mandatory Commercial Disclosures in Cantabria: A Landlord’s Guide

Navigating commercial leases in Cantabria requires a thorough understanding of disclosure obligations. Unlike residential leases, commercial agreements (arrendamientos para uso distinto del de vivienda) are primarily governed by the freedom of contract between the parties. This means that many of the protections and disclosures mandatory for housing can be negotiated or excluded.

Legal Framework: The Primacy of the Contract

According to Article 4.3 of the Ley de Arrendamientos Urbanos (LAU), commercial leases are governed first by the will of the parties. This reduces the number of "mandatory" statutory disclosures, leaving the contract to define most responsibilities.

National Disclosure Requirements

Despite contractual freedom, certain national regulations cannot be bypassed by landlords in Cantabria.

Energy Performance Certificate (EPC/CEE)

Since 2013, it has been mandatory for landlords to provide an Energy Performance Certificate to any prospective tenant before the lease is signed.

• Validity: Typically valid for 10 years.
• Exemptions: Very small buildings (under 50 sqm) or industrial and agricultural structures.
• Penalty: Failure to provide this certificate can result in significant fines under Royal Decree 390/2021.

Regional and Municipal Disclosures in Cantabria

In Cantabria, municipal regulations in cities like Santander or Torrelavega focus on the operational and urban planning status of the premises.

Urban Planning Status and Licensing

The landlord should disclose the real urban planning situation of the premises to avoid claims for hidden defects or breach of contract.

• Authorized Use: The landlord must clarify if the premises have the technical conditions required for the intended use (e.g., smoke vents for hospitality).
• Zoning Restrictions: In the historic center of Santander, strict regulations on façades and signage must be disclosed as they limit the tenant's ability to customize the storefront.

Autonomy in Security Deposit Management

While the LAU requires a 2-month security deposit for commercial premises, the administrative management and disclosures related to it in a commercial context are subject to the agreement between parties, prevailing over the more rigid residential regime.

How Landager Helps

Landager provides a secure document vault to store your Energy Certificates, Notas Simples, and contracts, ensuring your management in Cantabria meets both legal and contractual standards.