Can the tenant change the activity in commercial premises, for example from a shop to a bar?

Question

José Manuel Alburquerque · Accepted Answer

No, if the contract specifies a particular activity, unless the landlord agrees. The tenant must use the premises for what was agreed. Using them for something else without permission may allow the landlord to end the contract and bring a possession claim, if the change is significant. If the contract allows any lawful commercial activity, the tenant can change within that scope. Going from a shop to a bar also requires a new municipal permit, works that usually need the landlord's consent and for the planning rules and the by-laws of the owners' association to allow it. What the law says For commercial premises what was agreed prevails and, where nothing was agreed, the Spanish Civil Code (“Código civil”). The tenant must use the premises for the agreed use or, if none was agreed, for the use that corresponds to their nature. The landlord can seek termination of the contract, that is, have it brought to an end, if the tenant fails to comply with what was agreed or puts the premises to uses not agreed that make them lose value. The “Ley de Arrendamientos Urbanos” (LAU), Spain's urban tenancies act, also allows the landlord to terminate it when activities that are a nuisance, unhealthy, harmful, dangerous or unlawful are carried on in the premises. If the contract is broadly worded, for example “any lawful commercial activity”, the tenant can change within that scope, provided that the municipal permit for the new activity is obtained. If the landlord knows of the change and tolerates it for years without objecting, it will later be difficult to seek termination. If the landlord does not agree, it is advisable to say so in writing as soon as possible. From a shop to a bar A bar is an activity open to the public, with its own requirements for soundproofing, smoke extraction and maximum capacity. That is why the change usually requires: A new municipal permit for the new activity, which the tenant applies for. Works. Those that alter the configuration of the premises need the landlord's written consent. Those that affect the façade or other common parts, such as the smoke extraction flue, also need a resolution of the owners' general meeting. The planning rules to allow it. In Barcelona, the land-use plans (“planes de usos”) of several districts restrict or prohibit new bars and restaurants in many streets. The owners' association In Catalonia, neither the owners nor the occupiers may carry on activities in the building that are contrary to normal community life or that damage or endanger the property. Nor may they carry on those prohibited by the by-laws, planning regulations or the law. The owners' association can demand that they stop and go to court against the tenant and against the landlord. Before accepting the change, it is advisable to check the by-laws.