According to Law 12/2023 (May 26, 2023), in rental contracts for primary residences, the agency commission and contract formalization expenses are the responsibility of the landlord.
1- Leases for purposes other than primary residence, that is, not the tenant’s main residence (for example, seasonal, monthly, or vacation rentals).
2- Lease agreements for properties intended for non-residential activities (commercial premises, offices, warehouses, workspaces) that are not necessarily governed by the primary residence regime.
3- Properties classified as “luxurious” (or of large size/exceeding a certain threshold according to the LAU, which may fall outside the regular primary residence regime). Rental agreements for residences, whether permanent or not, whose area exceeds 300 square meters or whose initial annual rent exceeds 5.5 times the minimum interprofessional wage, will be governed by the special regime for luxurious housing established in Law 29/1994 on Urban Leases. As a guideline, this condition applies to properties with a monthly rent exceeding approximately €7,275 or with more than 300 m² of surface area.
In cases 1, 2, and 3, the real estate agency fees will be fully paid by the tenant.
For residential properties: 1.5 months plus the applicable VAT.
For commercial premises, offices, warehouses, and offices: 2 months plus the corresponding VAT.
