“Traspaso” is one of the most misunderstood terms a foreign buyer will encounter in Spanish commercial property — it sounds like buying a business, but it is legally something narrower and worth understanding precisely.
What you are actually buying
A traspaso transfers the right to lease a specific commercial premises, together with the right to carry out a defined activity there. It is not a purchase of the underlying company, its accounts, or the building itself — those are separate transactions that may or may not be part of the same deal.
What the payment actually covers
The precio de traspaso is typically a single payment covering the lease-rights transfer plus the fixtures and fittings already installed in the premises. If you are also buying an existing, operating business rather than an empty premises, that is usually a further, separately negotiated amount.
The legal framework is looser than a residential lease
Commercial leases in Spain fall under arrendamiento para uso distinto del de vivienda within the Urban Leases Act — a framework built primarily on freedom of contract, with substantially fewer mandatory protections than apply to a residential tenant.
The landlord’s role in a traspaso
Because you are taking over an existing lease rather than signing a fresh one, the landlord’s consent — or the specific terms already written into the existing lease — governs whether and how the lease can be assigned to you as the new tenant.
The term is common, the mechanism needs confirming
“Traspaso” remains the everyday term buyers and listings use, but what is legally happening is a lease assignment. Having a lawyer confirm precisely what rights are being transferred, and on what terms, matters more than the informal label attached to the deal.
Call us today on +34 919 499 342 or email marialuisa@costaluzlawyers.es before agreeing a traspaso, so you know exactly what you are and are not acquiring.
Frequently Asked Questions
Is a ‘traspaso’ the same as buying the business itself?
No — a traspaso is the transfer of the right to lease a specific premises together with the right to carry out a defined commercial activity there. It is not a purchase of the company, its accounts, or the building itself.
What does the ‘precio de traspaso’ actually pay for?
Typically a single payment covering the transfer of the lease rights plus the fixtures and fittings already in the premises, with a further amount negotiated separately if you are also buying an existing, operating business.
What law governs a commercial lease like this?
Commercial leases fall under arrendamiento para uso distinto del de vivienda (lease for use other than housing) in Spain’s Urban Leases Act, governed primarily by freedom of contract — meaning far fewer mandatory tenant protections than apply to residential rentals.
Does the landlord have to agree to a traspaso?
Generally yes — because you are taking over an existing lease, the landlord’s consent, or at least the terms already set out in the existing lease contract, governs whether and how the lease can be assigned to a new tenant.
Is ‘traspaso’ still the correct legal term to use?
It is still the term buyers and listings commonly use, but the underlying legal mechanism is a lease assignment — worth having a lawyer confirm exactly what is being transferred and on what terms, rather than relying on the informal term alone.
If a restaurant or bar is the specific business involved, see our guide to buying a restaurant or bar in Spain for the licences that matter most.
For a purchase rather than a lease assignment, our guide to buying an industrial unit in Spain covers a very different set of checks.
If office space rather than a leased premises is what you’re considering, see our guide to buying vs leasing office space in Spain.
This content has been prepared with the assistance of artificial intelligence and reviewed by María Luisa de Castro, a lawyer specialising in Real Estate Law and founder of CostaLuz Lawyers.
The information provided is general and indicative in nature. It should not be used as the sole basis for making professional, legal or investment decisions, and CostaLuz Lawyers assumes no responsibility for decisions taken solely on the basis of this content.
We always recommend personalised review by a qualified professional. For most of our services, initial personalised guidance is free of charge. Get in touch.