It is necessary to differentiate between a lease of business premises and a lease of industry, as the legislation for the two types of contracts is very different, while the former is governed by the Urban Leases Act, the latter is governed by the Civil Code.
The fundamental difference is that it is not the same to rent empty premises or premises with facilities, ready to carry out an activity. The empty premises is a lease of business premises, while the premises with installations, machinery, furniture properly organized and suitable to immediately obtain an economic product, is an industrial lease.
In practice, in order to avoid the regime of leases under the Urban Leases Act, contracts are made as industrial leases, when in fact they are leasing business premises.
According to the jurisprudence, what is essential to qualify an industrial lease contract is that the intention of the parties is to assign, not an empty premises, nor a premises with installations, but an organized whole, a patrimonial unit, of which the premises, the installations and the organization are part, being the object of the industrial lease a complex or universality of material elements connected and suitable for an industrial use.
This singularity of the industrial contract compared to the business rental contract, goes beyond the mere definition, as two different rules also have in the legal field very different issues that need to be analyzed in each case.