Buying Commercial Premises in Spain for Your Own Business: What’s Different From an Investment Purchase

If you are buying commercial premises in Spain to run your own business — not as an investment to lease out — the due diligence that matters most is different from what an investor checks. Here is what to confirm before you sign.

An investor’s checklist is not your checklist

An investor buying a commercial building mainly needs to check the existing tenant, the lease terms, and the income the property already generates. If you are buying premises to move your own business into, none of that is the point — what matters is whether you personally will be legally permitted to run your specific business there.

The activity licence may not transfer to your use

Spanish commercial premises typically carry an activity licence tied to a specific use. If the premises previously operated as, say, a general retail shop and you intend to open a restaurant, or the reverse, the existing licence does not automatically cover your intended activity. Confirming whether your specific business matches the licence already in place — before you sign — is the single most important check for an owner-occupier buyer.

Changing the use can take real time

If your intended activity is different from what the premises is currently licensed for, a formal change-of-use process is typically required before you can legally open. This process takes time, and approval is not guaranteed — something to factor into your timeline and your purchase decision, not discover afterwards.

What to confirm before you sign

• Does the current activity licence actually cover the business you intend to run?
• If not, what would a change-of-use application involve, and roughly how long would it take?
• Are there any physical or zoning restrictions specific to the premises that would affect your intended use?

These are different questions from what an investment buyer asks — and getting them answered before completion is what protects an owner-occupier buyer specifically.

Call us today on +34 919 499 342 or email marialuisa@costaluzlawyers.es before you buy commercial premises in Spain for your own business.

Frequently Asked Questions

Is buying a shop or office for my own business different from buying it as an investment?

Yes. An investor buying commercial property mainly checks the existing tenant, lease and income stream. An owner-occupier buying premises to run their own business needs the licence and use-class to actually match what they intend to do there — a different due-diligence focus entirely.

Does an existing activity licence automatically transfer to me?

Not necessarily, and not automatically to a different activity. An activity licence is generally tied to a specific use — if your business is a different type of activity than the previous occupant’s, the existing licence may not cover it.

What if I want to use the premises for a different type of business than before?

This can require a formal change-of-use process before you can legally operate, which takes time and is not guaranteed to be approved — confirming this before you commit to the purchase is essential.

What should I check before signing, if I intend to run my own business there?

Whether the current or intended activity licence actually matches what you plan to do, whether a change-of-use application would be needed, and the realistic timeline for that process if so.

Is this the same due diligence as buying a hotel or a commercial building to lease out?

No — an investment purchase focuses on the tenant, lease terms and income; an owner-occupier purchase focuses on whether you personally will be legally permitted to run your specific business there.