Coworking Space Agreement Spain (Contrato de Coworking)

A Coworking Space Agreement Spain (Contrato de Coworking) is a written contract by which the operator of a shared workspace (operador de coworking) grants a member (miembro or usuario) the right to use designated or flexible workspaces, shared facilities, and associated services in Spain, in exchange for periodic membership fees. The legal characterisation of the coworking agreement is a matter of ongoing debate in Spanish jurisprudence — the contract typically combines elements of the contrato de arrendamiento de local de negocio under the Ley de Arrendamientos Urbanos (LAU, Ley 29/1994, de 24 de noviembre) Article 3, which governs leases for economic activities (arrendamientos para uso distinto del de vivienda), and the contrato de prestación de servicios under Código Civil Article 1544, given the thorough service package (internet, reception, security, cleaning, meeting rooms) that accompanies workspace access.

Spanish courts and legal scholars generally classify coworking agreements as mixed contracts (contratos mixtos) — not pure leases, because the member does not receive exclusive possession of a defined premises as required for an arrendamiento under the LAU, but rather a licence to occupy (licencia de uso) with bundled services. This distinction is significant: a pure LAU commercial lease grants the tenant strong statutory protections including the right to minimum 5-year tenancy (Article 4 LAU for commercial leases, where freedom of contract applies, but often 3 years by agreement), tacit renewal provisions, and protection against arbitrary non-renewal. A coworking licence, classified as a service contract, may not attract these protections, giving the operator greater flexibility to adjust terms, prices, and termination procedures.

The applicable regulatory framework for coworking spaces in Spain includes municipal urban planning (planeamiento urbanístico) under the Ley del Suelo (RDL 7/2015) and autonomous community urban planning laws — the premises must have the appropriate use designation (uso terciario de oficinas) and a licencia de actividad (activity licence) issued by the Ayuntamiento confirming that the space meets building, fire safety, and accessibility requirements. The Ley de Prevención de Riesgos Laborales (Ley 31/1995) applies to the working environment — the operator must maintain the workspace to the minimum health and safety standards applicable to work premises under Real Decreto 486/1997 sobre lugares de trabajo.

For members who are autónomos or companies with employees, the coworking space may serve as a registered business address (domicilio social or domicilio fiscal). Use as domicilio fiscal requires that the Agencia Tributaria (AEAT) be notified via Modelo 036/037, and that the coworking operator consent to receiving official notifications on behalf of the member — a service that some operators offer separately as a domiciliación fiscal service. Use as domicilio social for a Sociedad Limitada requires that the articles of association (estatutos) and Registro Mercantil entry specify the address, which must be an address where the company genuinely operates.

Data protection obligations under Reglamento (UE) 2016/679 (RGPD) and Ley Orgánica 3/2018 (LOPDGDD) apply to the processing of member personal data by the operator — including name, DNI/NIF, contact details, payment information, and access records. The coworking operator must provide members with an information notice (cláusula informativa de protección de datos) at the time of contracting and maintain a register of processing activities (registro de actividades de tratamiento) under RGPD Article 30. Members sharing data about their employees or clients with the operator must similarly comply with RGPD data transfer requirements.

The fiscal treatment of coworking fees depends on the member's legal status. For autónomos, monthly membership fees are deductible as gastos de actividad económica (professional expenses) in the IRPF Modelo 100 return, provided the workspace is genuinely used for professional activity. For companies, fees are deductible as gastos de explotación under Ley 27/2014 del Impuesto sobre Sociedades. The operator must issue VAT invoices (facturas) at the standard 21% IVA rate applicable to office and service centre lettings under Ley 37/1992 del IVA.

A Coworking Space Agreement Spain is required whenever a freelancer, startup, remote worker, or established company enters a shared workspace arrangement with a coworking operator — whether for a hot desk, dedicated desk, private office, or virtual membership.

The Contrato de Coworking is needed when an autónomo or company wants a professional workspace without committing to a full commercial lease — particularly common in major Spanish cities (Madrid, Barcelona, Valencia, Bilbao, Seville) where commercial rents are high and long lease commitments are financially risky for early-stage businesses.

A Coworking Agreement is required when the member intends to use the space as their registered business address (domicilio fiscal or domicilio social) — the operator must formally consent to this use in the contract or in a separate domiciliación agreement, and the contract must specify notification handling procedures.

The contract is needed when the coworking arrangement involves access to shared equipment — printers, scanners, video conferencing systems, specialist software licences — that the operator provides as part of the membership package. The agreement defines the member's rights of use, acceptable use policies, and liability for damage.

A Coworking Space Agreement is required when the member operates in regulated sectors — law, accountancy, healthcare, financial services — where client confidentiality and data security at the workspace are subject to professional conduct rules. The agreement must address the operator's obligations regarding physical and digital security measures (control de acceso, videovigilancia, protección de datos) that the member's professional regulatory body may require.

The contract is necessary when the member employs staff who will work from the coworking space — the employer's occupational health and safety obligations under Ley 31/1995 extend to the coworking environment, and the contract should confirm the operator's compliance with Real Decreto 486/1997 workplace standards.

A Coworking Agreement Spain is also needed when an employer provides coworking memberships as a benefit to remote employees — the fiscal treatment of employer-paid workspace costs for remote workers is addressed by Ley 10/2021 de trabajo a distancia, which requires that the employer bear the costs of tools, equipment, and means necessary for remote work, including workspace costs where agreed.

Under the Ley de Arrendamientos Urbanos (LAU) 29/1994, Spanish tenancy law sets minimum duration (5 years individuals, 7 years entities) and deposit requirements. The Código Civil Articles 1445–1541 govern sale of property. The Ley Hipotecaria governs the Registro de la Propiedad. The Ley 5/2019 (LCCI) regulates mortgage lending with mandatory FEIN/FiAE disclosure. The Impuesto sobre Transmisiones Patrimoniales (ITP) applies to property transfers.

A valid Coworking Space Agreement Spain must include the following essential elements to protect both the operator and the member and to clarify the rights and obligations arising from the mixed legal nature of the arrangement.

Identification of Parties: Full legal name, DNI/NIE/NIF, and contact details of the coworking operator (operador) — including the Ayuntamiento licencia de actividad number and registered business address — and the member (miembro), whether an autónomo (with RETA number) or a company (with Registro Mercantil number and NIF). The person authorised to act on behalf of a corporate member and the named users (usuarios designados) who will physically access the space must be identified.

Description of Space and Membership Type: A precise description of the membership plan — hot desk (puesto compartido), dedicated desk (puesto fijo), private office (despacho privado), or virtual membership (membresía virtual) — and the specific floor, zone, or room allocated if applicable. The number of named users covered by the membership, guest access rights, and the procedure for requesting additional desks or upgrading must be stated.

Services Included: A thorough list of services included in the membership fee — high-speed internet (fibra óptica), Wi-Fi, printing and scanning allowances, reception and call answering services, mail handling, access to meeting rooms (number of hours included per month), kitchen and common area access, cleaning, security, and any sector-specific services (legal library, video conferencing suites). Services available at additional cost (salas de reunión adicionales, parking, catering) and their pricing must also be listed.

Fees and Payment Terms: The monthly membership fee in euros (excluding IVA at 21%), the date of invoicing and payment (typically advance monthly payment on the first day of each month), accepted payment methods, and any late payment interest (interés de demora) consistent with Ley 3/2004 de medidas de lucha contra la morosidad, which applies to commercial transactions. The initial payment covering the first month and the fianza (security deposit) amount — typically one or two months' fees — must be specified.

Security Deposit (Fianza): The fianza amount, the conditions under which it may be applied (damage to property, unpaid fees, excessive use of services), and the procedure for return within a specified period (typically 30 days) after the membership ends, subject to final account reconciliation. The operator's obligation to hold the deposit in a separate account or deposit it with the relevant Comunidad Autónoma housing authority (in the case of agreements characterised as leases) should be addressed.

Term and Termination: The start date, the minimum commitment period (período mínimo de permanencia — often 1 month for hot desks, 3–6 months for private offices), and the notice period required to terminate (typically 30 days' written notice). The operator's right to terminate for non-payment (after a specified cure period), breach of house rules, or conduct incompatible with the community should be stated.

House Rules and Community Standards: Reference to the operator's reglamento interno (house rules) — noise levels, visitor policy, use of common areas, smoking prohibition under Ley 42/2010, food and drink policies — which form part of the contract by reference. The consequences of breach — warning, suspension of access, or termination — must be proportionate and clearly communicated.

Data Protection and Confidentiality: RGPD-compliant information notice regarding the processing of member personal data (for access control, billing, and communications), and confirmation that the operator implements appropriate technical and organisational security measures under RGPD Article 32. CCTV (videovigilancia) disclosure under LO 3/2018 Article 22 if the premises are monitored.

Governing Law: Spanish law governs the agreement. Disputes should be submitted to the Juzgado de Primera Instancia of the municipality where the coworking space is located, or to an agreed mediation body under Ley 5/2012.

Forms-legal.com provides this Coworking Space Agreement Spain template as a practical starting point. Operators with multiple membership tiers should have their standard terms reviewed by an abogado specialising in derecho inmobiliario and derecho mercantil.

Under the Ley de Arrendamientos Urbanos (LAU) 29/1994, Spanish tenancy law sets minimum duration (5 years individuals, 7 years entities) and deposit requirements. The Código Civil Articles 1445–1541 govern sale of property. The Ley Hipotecaria governs the Registro de la Propiedad. The Ley 5/2019 (LCCI) regulates mortgage lending with mandatory FEIN/FiAE disclosure. The Impuesto sobre Transmisiones Patrimoniales (ITP) applies to property transfers.