What works can the tenant carry out in commercial premises without asking permission?

Question

José Manuel Alburquerque · Accepted Answer

Those that do not alter the configuration of the premises or affect their stability or safety, such as painting, decorating or putting in furniture, shelving and fittings that can be dismantled. Also minor repairs arising from everyday use and, after first notifying the landlord, urgent ones. To knock down or put up partition walls, make openings, change the layout or touch the façade or the structure, the tenant needs the landlord's written permission. Works that reduce the stability or safety of the premises cannot be carried out under any circumstances. All of this can be changed by the contract, which often authorises in advance the works needed to adapt the premises to the activity. If the tenant carries out works without the necessary permission A landlord who did not authorise them can: Terminate the contract, that is, put an end to it and bring a possession claim. When the contract ends, require the tenant to leave the premises as they were or keep the works without paying anything for them. If the works have affected stability or safety, require the tenant to restore the premises to their previous state immediately. The courts take configuration to mean the structure or the basic layout of the premises. Minor changes do not alter it. What the contract says Many leases of commercial premises authorise in advance the works needed to adapt them to the activity, sometimes subject to a prior technical project. The “Audiencia Provincial” of Barcelona, the provincial appeal court, in its judgment 583/2023 of 13 October, refused to terminate the lease of a bar and ice-cream parlour in Sitges over works carried out without permission, a second toilet and the relocation of the bathroom. The contract authorised the adaptation works and, in addition, the town council had required them. Not having submitted the technical project was not enough to terminate it. Other permits and the end of the contract The works also need the town council's works licence or a notification of works, which the tenant handles. In Catalonia, if the premises are in a building under the condominium regime (“propiedad horizontal”), the works must not harm the safety, structure, configuration or external appearance of the building. They must be notified beforehand to the chair or the managing agent of the owners' association. Those that affect common parts, such as the façade, exterior signs or the smoke extraction flue, need a resolution of the general meeting. When the contract ends, unless otherwise agreed, the tenant is not paid for the improvements made, but can take them away if they can be removed without damaging the premises. It is advisable to agree from the outset what stays and what is removed.