Renting Commercial Property in Spain – Leases, Licenses & Zoning Explained

🇪🇸 Renting a Business Space in Spain — What You Need to Know

Renting a commercial property in Spain is more complex than renting a home. Beyond just the lease, you must check zoning laws, obtain business licenses, and ensure the space fits your planned activity.

✅ Commercial leases are unregulated — negotiation is key
✅ You need a valid opening license for your specific use
✅ Local town halls (ayuntamientos) enforce zoning and compliance
✅ Getting it wrong can delay or block your business from opening

---

📋 Types of Commercial Spaces in Spain

💡 Each type is linked to specific licensing, fire code, and accessibility standards.

---

📝 What to Include in a Commercial Lease Agreement

Unlike residential rentals, commercial leases in Spain are not tightly regulated. Terms are flexible — but you must define:

• Duration and renewal terms

• Rent amount + annual increase (usually linked to IPC index)

• Works or renovations allowed

• Use clause (very important — defines licensed activity)

• Early termination or exit clauses

• Responsibility for licenses and taxes (IBI, basura, comunidad)

📌 Always have a lawyer review the lease — many landlords shift licensing obligations to tenants.

---

🛂 Licenses Required to Operate in a Commercial Space

1. Licencia de Apertura (Opening License)

• Issued by the town hall (ayuntamiento)

• Required for most physical business locations

• Based on activity type and zoning classification

• May require technical plans and inspections

2. Change-of-Use License (if needed)

• If the property was used for something different before

• E.g. converting a shop into a café, or warehouse into a gym

3. Additional Permits

• Health & hygiene (food sector)

• Accessibility compliance (disabled access)

• Fire safety and emergency exit compliance

• Environmental approval (industrial use)

💡 Some activities (e.g., offices) require only a declaración responsable instead of a full license.

---

🗺️ Zoning Laws (Normativa Urbanística)

Every Spanish municipality has zoning regulations defining what activities are allowed in specific areas.

• Ground-floor retail often allowed in central zones

• Bars or nightclubs require soundproofing and noise inspection

• Offices may be restricted to designated office zones

• Industrial uses require out-of-town zones with industrial classification

📎 You must check zoning compliance before signing the lease — or risk losing your investment.

---

💶 What Does It Cost to Rent a Commercial Property?

Other costs to consider:

• IBI (property tax) — often passed on to the tenant

• Waste tax (tasa de basura)

• Community fees (mantenimiento)

• Setup or renovation costs

---

❌ Common Mistakes When Renting Commercial Spaces

⛔ Not checking zoning and permitted activity
⛔ Signing a lease before obtaining your license
⛔ Assuming all costs are included in rent
⛔ Ignoring exit clauses or early termination penalties
⛔ Trusting verbal landlord promises without written clauses

---

🧑‍💼 Our Services for Renting Commercial Property in Spain

At Borderless Lawyers, we offer:

✅ Legal review and negotiation of commercial lease agreements
✅ Zoning and urban planning checks
✅ Licensing support (apertura, change-of-use, environmental)
✅ Coordination with town halls and technical architects
✅ Representation for non-residents or investors abroad
✅ Risk assessment before signing or investing

---

📞 Rent Your Commercial Space in Spain — Without Surprises

Opening a business location in Spain? Avoid legal delays, fines, or rejected licenses by working with professionals who handle it all.

👉 Contact us to review your lease, zoning, and licenses before signing.