Can a private individual with no business rent commercial premises for storage? And to live in?

For storage, yes. A private individual can rent commercial premises to keep their belongings in, even without having any business. The contract is a commercial lease (“uso distinto del de vivienda”), governed by what was agreed, by the “Ley de Arrendamientos Urbanos” (LAU, Spain's urban tenancies act) and by the Spanish Civil Code (“Código civil”). To live in, not in Catalonia, unless the premises have a certificate of habitability (“cédula de habitabilidad”), the document certifying that a property is fit to be used as a home. Commercial premises do not have one and, to get one, their use must first be changed with the town council's permission, which is only possible if the planning rules allow it.

Alburquerque Abogados

José Manuel Alburquerque
Landlord and tenant

For storage

These are the rules that matter most:

  • The statutory deposit (the “fianza”) is two months' rent and is compulsory. In Catalonia, the landlord must lodge it with the “INCASÒL”, the Catalan public body that holds tenancy deposits, within two months of signing.
  • There is no minimum term. It lasts as long as agreed and, if nothing was agreed, the premises are deemed to be let by the month when the rent is monthly.
  • The premises can only be used for storage. Opening them to the public or using them for anything else requires the landlord's permission.
  • As there is no business, the tenant cannot assign the contract to another person without the landlord's consent. The tenant can, however, sublet the premises, unless the contract prohibits it, but remains answerable to the landlord.
  • Even if the landlord is a private individual, the letting of commercial premises carries VAT at the standard rate of 21 % on the rent. A private tenant cannot recover it.

To live in

In Catalonia, a tenancy agreement for a home must have the certificate of habitability attached. Failing to attach it is an offence punishable by a fine. Commercial premises have no certificate, because they are not a home. To get one, the change of use must first be obtained from the town council, which is only granted if the planning rules allow it. The premises must then be adapted to the minimum standards that Catalan regulations require for any home.

Having the contract say “storage” solves nothing if the premises are really let to be lived in. The landlord risks the penalty and the tenant arguing that it is a residential tenancy, with its minimum term and its protections.

This answer is provided for educational purposes and offers initial guidance on the question raised. Every matter has its own circumstances and nuances that require individual assessment. For that reason, before taking decisions with significant consequences, it is advisable to consult a professional and not to rely solely on this information. Personalised advice makes it possible to apply these explanations to the specific case and to assess the options available with greater certainty.