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Premises for a Clinic, School or Studio: Specifics and Permits

Premises for a clinic, school or studio need three layers of permits: planning, sector-specific and municipal. The tenant's fit-out and the exit terms must be fixed in the contract.

Premises for a clinic, school or studio in Barcelona go through three layers of permits: planning (is this use allowed here), sector-specific (the permit of the relevant department) and municipal (a licence or notification to the Ajuntament). The tenant obtains them, but their timing sets the owner's downtime, and mistakes in them stop the tenant's business and with it your rent.

What the three types of tenant have in common

The leasing act names these activities directly: art. 3.2 LAU treats as leases for purposes other than housing the contracts for industrial, commercial, craft, professional, care, cultural and educational activity. That is how the list reads in the consolidated text since 8 October 2026 (Real Decreto-ley 29/2026, not yet validated by the Congress): it used to include recreational activity as well, and an exception for contracts on accommodation of people has now been added. A clinic, a school and a studio fit this list and stay under Título III, which means the parties set most of the terms. More on the regime in the articles on term and indexation and property with a tenant in place.

Three layers of permits

  1. Planning. Whether the district plan allows the intended activity. The approach to checking is described in the articles on the activity licence and change of use.
  2. Sector-specific. For clinics this is the permit of the Departament de Salut. Under Decret 151/2017 (DOGC text of 19 October 2017, check the current version), setting up, operating, changing and closing a medical centre require the department's prior authorisation (art. 22.1). If the centre is new and carries out works or changes the structure or building services, a separate installation permit is needed (art. 23.1). Among the documents, the applicant proves the right to the premises, and in a sublease attaches the owner's signature (art. 23.2). Schools and children's centres are regulated by the Departament d'Educació: the list of requirements depends on the age of the children and the type of centre, and the current act has to be requested from the department.
  3. Municipal. The regime depends on the type of activity. Catalonia's Ley 16/2015 builds it on notification procedures (declaración responsable, comunicación previa) for some activities, and the rest need a licence. The Salud permit does not remove the obligation to obtain municipal permits: art. 24.9 of Decret 151/2017 says so directly.

Accessibility is a separate matter. The Catalan accessibility code (Decret 209/2023) has applied since March 2024 and covers new and existing properties. For premises open to the public, the entrance, lift and toilets are checked, and the list is set by an architect.

What to fix in the contract

IssueWhat the law says by defaultWhat to write
Tenant's fit-outThe configuration of the premises cannot be changed without the landlord's written consent; without consent the landlord may demand restoration or keep the changes with no compensation (art. 23 together with art. 30 LAU)Consent to a specific project, the fate of the fit-out on exit
Assignment of the leaseA tenant with a professional or business activity may assign or sublet without consent, and the landlord receives +10% or +20% of the rent (art. 32)Restrictions on the new tenant's type of activity
Compensation at the endArt. 34 speaks of "commercial activity with sales to the public". For a bar, the Tribunal Supremo recognised compensation in 2026 (as reported by idealista); for a clinic or a school it is a question for an abogadoExpressly exclude or clarify
PermitsObtained by the tenantWhat happens if a permit is refused or revoked

DNPI's current project on the site

The DNPI site lists a current project, Viladomat: commercial premises in the Eixample for a children's psychology clinic. According to the description on the site, the adaptation of the premises is complete and the sale of the income-producing asset remains the current stage. This is not a completed case, and there are no results or figures for it here.

The calculation: why a tenant with a fit-out has reason to stay

Worked example, not a forecast: rent of 5,000 € a month (60,000 € a year), the tenant put 150,000 € into the fit-out, and the contract runs 10 years. Per year of the contract the fit-out costs 15,000 €, which is 25% of annual rent. The more it costs and the shorter the time to exit, the more the tenant wants to stay, but the larger its loss if the permit is not granted or the business closes. The contract should also cover the flip side: specialised premises are harder to relet after the tenant leaves.

Who this kind of letting does not suit

It does not suit you if you are not ready to read the sector requirements: with a clinic or a school the owner is tied to the tenant longer and more closely than with a shop. It does not suit someone who expects a quick replacement of the tenant: premises fitted out as a clinic or a studio suit a narrow circle of users. To assess the yield of such a property there is the deal analysis, and DNPI's approach to commercial properties is described on the commercial strategy page.

Questions and answers

Who obtains the permits for a clinic, the tenant or the owner?

The applicant is the holder of the centre, that is, the tenant. The owner may be needed as a signatory: in a sublease the owner's signature is required (art. 23.2 Decret 151/2017).

Is a health permit enough to open a clinic?

No. The permit of the Departament de Salut does not replace municipal permits (art. 24.9 Decret 151/2017).

Can premises be let for a school or studio without special permits?

No, but the list depends on the type of activity. Schools are regulated by the Departament d'Educació, and studios fall under the municipal regime of Catalonia's Ley 16/2015. An architect checks the specific case.

Who pays for a clinic fit-out?

By default the tenant, but without the owner's written consent the tenant may not change the configuration of the premises (art. 23 LAU). The fate of the fit-out on exit is written into the contract.

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