Commercial premises lease agreement (LAU, use other than housing)

Commercial premises lease agreement (LAU, use other than housing) is filed with Documento privado entre las partes + organismo autonómico de fianzas. With Managora you do it 100% online: you answer a few questions, sign a digital mandato (power of representation) and we draft, sign and file your application for you. Estimated total cost: from €99. Official tasa (government fee): 21 % IVA (VAT) is compulsory. 19 % withholding by the tenant on payments to a business landlord (modelo 115/180). ITP (transfer tax) varies by CCAA (autonomous region).

We draft your lease agreement for commercial premises, an office, a warehouse or any use other than housing under LAU 29/1994 arts. 29-35. This is a FREEDOM OF CONTRACT regime (no compulsory 5/7-year extension, Ley 12/2023 does not apply). We validate the legal fianza (security deposit) of 2 months' rent (art. 36), we include assignment and sublease clauses (art. 32 LAU: rent increases of 10/20 %), goodwill compensation (art. 34 LAU, if commercial activity has run for more than 5 years) and the tax regime (compulsory 21 % IVA (VAT) plus a 19 % withholding if the landlord acts as a business).

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Estimated total cost: from €99
Managora's fee: €119.79 (21% VAT incl.)
Tasa (official government fee): 21 % IVA (VAT) is compulsory. 19 % withholding by the tenant on payments to a business landlord (modelo 115/180). ITP (transfer tax) varies by CCAA (autonomous region). (suplido: paid to the authority on your behalf, no VAT)
Processing time: Immediate signature. The fianza (security deposit) is lodged with the regional authority within 1-2 months.
Where it is filed: Documento privado entre las partes + organismo autonómico de fianzas ↗
What you receive: Application

Cost breakdown: Our fee 99 €. A commercial lease carries 21 % IVA on the rent and a 19 % withholding payable by the tenant; ITP also applies and varies by autonomous region..

Commercial premises lease agreement (LAU, use other than housing): how is it filed?

1Answer the questions in the chat (around 10 minutes).
2We identify the LAU regime for uses other than housing: freedom of contract, with no compulsory extension.
3We validate the minimum fianza of 2 months' rent, the 21 % IVA and the withholding (if the landlord acts as a business).
4We include the standard clauses for you: assignment and sublease under art. 32 LAU, goodwill compensation under art. 34, improvements and works.
5Payment of 99 € for our fee.
6Sign the mandate from your mobile.
7We draft the full contract for you, with every clause and the allocation of tax obligations.
8We coordinate the lodging of the fianza with the regional authority.
9If the landlord acts as a business: the tenant applies a 19 % withholding and pays it quarterly using modelo 115 (use modelo_115).

Which documents do you need?

•DNI / NIE / CIF (identity or tax numbers) of the landlord and the tenant.
•Nota simple registral (Land Registry extract) for the premises.
•Municipal activity licence (if required for the intended use).
•Tenant's modelo 036 (registration of the economic activity).
•Proof of payment of the IBI (council property tax) for the latest tax year.

Legal basis and things to bear in mind

Legal framework: LAU 29/1994 arts. 29-35 (Title III, use other than housing) plus art. 4.3 LAU (freedom of contract).
FREEDOM OF CONTRACT: the parties set the duration, the rent, the rent review and any other conditions. The LAU applies only on a residual basis.
FIANZA (art. 36 LAU): 2 months' rent, which must be lodged with the regional authority. Additional guarantees are unrestricted (no cap).
ASSIGNMENT AND SUBLEASE (art. 32 LAU): the tenant may assign the lease to a third party or sublet WITHOUT the landlord's consent. The landlord is then entitled to raise the rent by 10 % on assignment, 20 % on a full sublease and 10 % on a partial one. The parties may EXCLUDE this right by agreement.
SUCCESSION ON DEATH (art. 33 LAU): descendants who carry on the business may take over the lease within the 2 months following the tenant's death.
GOODWILL COMPENSATION (art. 34 LAU): if the tenant has been running a retail business open to the public for more than 5 years and the landlord does NOT renew at the end of the term, the tenant is entitled to compensation. The parties may expressly exclude it.
TAX: 21 % IVA is compulsory (art. 11 LIVA). If the landlord is a business or a legal entity, the tenant applies a 19 % WITHHOLDING when paying the rent and pays it quarterly using modelo 115, plus the annual summary modelo 180.
The landlord's position for IRPF (income tax) / IS (corporate tax): income from immovable capital; in some cases income from an economic activity, if the landlord has premises and an employee dedicated to the letting business.
Natural connections: nota_simple_rp, modelo_115, modelo_180, iva_303, alta_autonomo / constitucion_sl (registration of the tenant's activity).
Key differences from a residential lease: FREEDOM OF CONTRACT (no compulsory extensions), a 2-MONTH FIANZA, IVA plus WITHHOLDING, and assignment and sublease permitted by law. The regime is far more flexible.

Commercial premises lease agreement (LAU, use other than housing): frequently asked questions

Commercial premises lease agreement (LAU, use other than housing): how much does it cost?

The estimated total cost (our fee + official tasas and taxes) is from €99: Our fee 99 €. A commercial lease carries 21 % IVA on the rent and a 19 % withholding payable by the tenant; ITP also applies and varies by autonomous region.. Managora's fee is €119.79, 21% VAT included (€99.00 net + €20.79 VAT). The official tasa charged by the authority (a suplido paid on your behalf, no VAT) is: 21 % IVA (VAT) is compulsory. 19 % withholding by the tenant on payments to a business landlord (modelo 115/180). ITP (transfer tax) varies by CCAA (autonomous region)..

Commercial premises lease agreement (LAU, use other than housing): how long does it take?

Immediate signature. The fianza (security deposit) is lodged with the regional authority within 1-2 months.

Commercial premises lease agreement (LAU, use other than housing): which documents do I need?

You need to have to hand: DNI / NIE / CIF (identity or tax numbers) of the landlord and the tenant., Nota simple registral (Land Registry extract) for the premises., Municipal activity licence (if required for the intended use)., Tenant's modelo 036 (registration of the economic activity)., Proof of payment of the IBI (council property tax) for the latest tax year.. You do not upload them here: we collect the details through the guided chat.

Who files the procedure?

Managora files it in your name with Documento privado entre las partes + organismo autonómico de fianzas. You only provide the details through the chat and sign a mandato (power of representation); we prepare, sign and register it.

Can it be done online?

Yes. The whole process is online: you answer a few questions in the guided chat, sign a simple mandato on screen and receive the receipt and the official documents by email, with full legal validity.

Related procedures

Based on the legislation in force and on the official site of the competent authority: Documento privado entre las partes + organismo autonómico de fianzas ↗.

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