Best Commercial Real Estate Lawyers in San Isidro

About Commercial Real Estate Law in San Isidro, Spain

Commercial real estate law in San Isidro reflects the same national legal framework that governs property and leases across Spain, combined with relevant regional and municipal rules that affect planning, licensing and taxation. Whether you are buying a retail unit, leasing office space, developing a warehouse or converting a property for mixed use, you will need to comply with laws on property ownership, urban planning, landlord-tenant relations and local activity licences. Local municipal departments enforce planning and opening requirements, while national laws and registries determine title, taxation and contractual frameworks.

Why You May Need a Lawyer

Commercial real estate transactions can be complex and involve significant risk. You may need a lawyer if you are buying or selling property, entering into or terminating a commercial lease, developing land, applying for licences, subdividing or changing permitted use, or facing a dispute with a landlord, tenant, co-owner or contractor. A lawyer will help with due diligence - including title and encumbrance checks - negotiation of contract terms, tax and corporate structuring, drafting or reviewing leases and sale contracts, securing licences and permits, and representing you in litigation or alternative dispute resolution. For foreign buyers or investors, a lawyer can also advise on obtaining a Spanish tax identification number, setting up a local company or branch and complying with anti-money laundering rules.

Local Laws Overview

Key legal sources and concepts that affect commercial real estate in San Isidro include national statutes, regional regulations and municipal ordinances. At the national level, important rules include the Civil Code provisions on property rights, the Ley de Propiedad Horizontal that governs co-ownership in buildings, and the Ley de Arrendamientos Urbanos - LAU - which covers urban leases and sets certain default rules for commercial leases. Fiscal rules include the application of Impuesto sobre el Valor Añadido - IVA - to most sales of new commercial premises, or Impuesto sobre Transmisiones Patrimoniales - ITP - for second-hand sales, plus the Actos Jurídicos Documentados - AJD - stamp duty in some cases. Municipal taxes such as Impuesto sobre Bienes Inmuebles - IBI - and the plusvalía municipal - Impuesto sobre el Incremento de Valor de los Terrenos de Naturaleza Urbana - also apply.

Urban planning is controlled by municipal planning instruments - the planeamiento urbanístico - which determine land classification, permitted uses and building parameters. Any change of use, substantial renovation or new development will require compliance with municipal urbanism rules and obtaining licences such as licencia de obras and licencia de apertura or actividad. Properties must be checked against the Registro de la Propiedad for title and encumbrances and the Catastro for cadastral data used in taxation. Certificate requirements may include a certificado de eficiencia energética and a final works certificate or licence of first occupation depending on the type of works.

Frequently Asked Questions

What should I check before buying commercial property in San Isidro?

Before buying, commission a full due diligence package. Obtain a nota simple from the Registro de la Propiedad to verify ownership and encumbrances, check the Catastro for cadastral references, request the municipal certificate of urban planning or a consulta sobre usos to confirm permitted uses, verify outstanding IBI and community charges, check for licences of activity and works, and obtain any available building plans and energy certificate. Your lawyer can order more detailed searches and advise on hidden liabilities such as easements or unresolved planning infringements.

How are commercial leases regulated and what points should I negotiate?

Commercial leases fall under the LAU where certain default provisions apply, but parties have substantial contractual freedom for many terms. Key points to negotiate include duration, rent and indexation clauses, rent-free periods, break clauses, assignment and subletting rights, responsibility for taxes - including IBI - and community expenses, maintenance and repairs, tenant works and restoration obligations, guarantees and deposits, and renewal or non-renewal procedures. Always ensure clauses on improvements and business activity are clear, and consider provisions to protect business goodwill and facilitate transfer of the business if relevant.

Do I need a licence to open a business in a commercial premises?

Yes. Most commercial activities require a municipal licence of opening or activity - licencia de apertura or licencia de actividad - and any works to adapt premises will require a licencia de obras. Requirements vary with the type of activity - for example, catering and manufacturing often need additional hygiene and environmental permits. Obtain the licences before opening to avoid administrative sanctions and possible closure. A lawyer or technical architect can guide you through the municipal procedures and documentation.

What taxes and fees should I budget for when buying commercial real estate?

Budget for transfer taxes and notarial and registration fees. If the property is new, VAT - IVA - generally applies to the sale. For second-hand commercial property, Impuesto sobre Transmisiones Patrimoniales - ITP - typically applies. Actos Jurídicos Documentados - AJD - may apply on notarised documents. Also include municipal plusvalía if payable, notary and Registro de la Propiedad fees, legal fees, and potential agent and valuation fees. Ongoing costs include IBI, community fees, utilities and local business taxes.

Can a foreign company or non-resident buy commercial property in San Isidro?

Yes. Spain does not generally restrict non-residents from buying property. Non-residents should obtain a Spanish tax identification number - NIF or NIE - open a local bank account for payments and tax obligations, and consider whether to acquire through a Spanish company for tax or liability reasons. Non-resident buyers may need fiscal representation for certain tax filings. A local lawyer and tax advisor can help with compliance and structuring.

What is a contrato de arras and should I sign one?

A contrato de arras is a private reservation or earnest-money agreement used to hold a property while conditions are satisfied and the sale is completed. It commonly sets the price, deposit amount and deadline for signing the public deed. There are different types of arras with varying implications if one party withdraws - for example, penal arras where the buyer loses the deposit if they withdraw, or the seller must return double the deposit if they withdraw. Have a lawyer review and draft this document to ensure the terms protect your interests and set appropriate conditions precedent.

How do I handle disputes with tenants or landlords?

Disputes can often be resolved through negotiation and mediation. If that fails, legal action may be necessary. For non-payment of rent, landlords can start summary eviction proceedings. For breaches of lease covenants or disputes about repairs or charges, you will likely need court proceedings or arbitration depending on the contract. Timeframes and remedies vary, so consult a local lawyer promptly to preserve evidence, comply with procedural requirements and evaluate settlement alternatives.

What permits are needed for renovating or changing the use of a commercial property?

Minor works may only require a municipal communication or licence, while major structural works will need a licencia de obras and plans by a qualified architect. Changing the use of premises - for example from storage to retail - often requires municipal approval and may trigger building upgrades for safety, accessibility and energy performance. You may also need additional sectoral permits - for example, environmental or health permits. Check the municipal planning regulations and engage technical professionals early in the process.

How should I structure ownership for tax efficiency and liability protection?

Ownership structure depends on your circumstances. Individuals may hold property in their own name, while investors often use Spanish or foreign companies for pooling assets, tax planning and liability shielding. Each option carries different tax consequences for transfer, income and capital gains, and may affect financing and inheritance planning. Consult a lawyer and a tax advisor - they will assess your situation, consider double tax treaties and recommend structures that balance tax efficiency, operational needs and legal protection.

What documentation should a buyer receive at closing?

At closing you should receive the public deed of sale - escritura pública - the seller's proof of ownership and that the property is free from undisclosed encumbrances, receipts for paid taxes and municipal charges such as IBI, any existing lease agreements if the property is let, copies of licences and certificates - including energy certificate and occupancy or final works certificates where applicable - and an updated nota simple or registration extract verifying registration of the new ownership in the Registro de la Propiedad after inscription. Your lawyer should ensure all documents are correct and that required taxes are paid on time.

Additional Resources

Helpful bodies and resources include the local Ayuntamiento de San Isidro and its urban planning and economic development departments for licences and land-use information, the Registro de la Propiedad for title and encumbrance searches, and the Catastro for cadastral details used in taxation. The Agencia Tributaria and local tax offices provide guidance on VAT, ITP, AJD and other fiscal obligations. The provincial Colegio de Abogados can help you find specialised lawyers, while the Colegio de Registradores and the Cámara de Comercio can offer additional data and support. Professional advisers such as licensed architects, engineers, technical architects and registered surveyors are essential for technical reports, licence applications and project management.

Next Steps

If you need legal assistance, start with a focused initial consultation with a commercial real estate lawyer who knows local practice in San Isidro and the wider provincial rules. Prepare key documents before meeting - any existing title deeds, lease contracts, municipal correspondence, invoices for taxes like IBI, and any technical reports or plans you have. Ask the lawyer to outline the necessary due diligence, an estimate of fees and likely timelines, and any immediate actions to protect your position. If you decide to proceed, instruct the lawyer to perform searches at the Registro de la Propiedad and Catastro, obtain municipal certificates, advise on taxes and structure, draft or review contracts, and supervise closing and registration. Acting early with experienced local counsel will reduce risk and help ensure a smoother outcome for your commercial real estate project.