How to change the ownership of an opening license

LICENCES

Apr 27

Written By Francisco Javier Muñoz Fuentes

If you are thinking of opening a business, you have probably thought about the possibility of renting or buying a place that is already in operation or calling the number that appears on the typical sign ‘‘ SE TRANSFIERE’’. As we will see in this post, the advantages are numerous, both in the investment to be made and in the administrative procedures since it will be enough to change the ownership of the opening license instead of requesting a new one. Let's see the requirements and procedure to follow for this.

FREQUENTLY QUESTIONS

How to change the owner while maintaining the activity?

An opening license is always associated with a holder, who is the one who requests it and who is authorized to carry out the activity in it. The change of owner is possible as long as no modifications have been made to the premises with respect to the license granted (whether they are modifications of surface, equipment, facilities ...) and that the premises have not been closed or without activity for more than six months (in this case it will be necessary to submit a new responsible declaration as it would be done in the event that you had never had an activity license)

Can I keep the license if I change the activity?

On occasions we have had clients who ask us the case that they want to rent a place that was currently intended for use (for example: cocktail bar) and they want to keep that license they already have, but "adapting" or "extending" it to a different use (for example: restaurant).

This is not possible. Each activity license is associated with a specific use, since each use has to meet different requirements (in terms of minimum stays, accessibility, fire protection ...) therefore, in the case of modification of use, it will be necessary to request a new license to verify that the premises we have meets the requirements of the new use.

Can I change the location and transfer the license to the new location?

Another frequent question occurs with the entrepreneur who has a business and decides to move to the next room (for example) because it has better characteristics that interest him. Is it possible to keep the license that he already had? The answer is no. As can be sensed in a similar way to the previous case, the new premises will have different characteristics, so it must be verified that this new premises also meets the requirements for the activity that is being developed.

PROCEDURE AND DOCUMENTATION

The change of ownership of an opening license is a really simple procedure: it will simply be necessary to submit a prior communication to the competent administration for informational purposes only. A prior communication is a document by which the interested parties inform the City Council of a circumstance. Unlike licenses, this procedure does not require a response from the Administration, but is effective from the moment it is submitted.

To present this prior communication, the following documentation will be necessary:

Prior communication form (signed by the owner of the activity).
Identification of the new owner and document certifying the availability of use of the establishment (deed of sale, lease contract ...)
Certificate of persistence. As we have commented, it will be a requirement to authorize the change of ownership that the establishment fully maintain the above conditions (distribution, fire protection facilities, technical-sanitary measures ...) This maintenance of the conditions is accredited by the certificate of persistence, in the one that an architect must first request the documentation that was presented when the license to open the premises was obtained and later inspect it to be able to prove that the same conditions are still being maintained.

TELL US WHAT YOU NEED

HOW MUCH IS IT GOING TO COST ME?

The fees that must be paid for changes of ownership will depend on the existing tax ordinances in the municipality in which the premises are located. As a reference, in Malaga it is established that changes of ownership of activities that have already made a Responsible Declaration or obtained a license will have a reduction of fifty percent with respect to the amount that was paid at the time. This amount depends on the surface, and ranges between two hundred and seventy-two euros (for surfaces smaller than fifty square meters) and four hundred and fifty euros (for an area of one hundred and fifty square meters).

IS IT NECESSARY TO HAVE AN ARCHITECT TO CARRY OUT THE PROCESS?

Yes. The persistence certificate must be signed by an Architect. But it is not only mandatory, but it is highly recommended to contact an Architect even before acquiring the establishment in question.

Why?

Although the advertisement indicated, It is not the first time that we find that undeclared modifications have been made, that the advertisement indicates a maximum capacity that does not coincide with the established as a legal maximum in its day, that the kitchen smoke extraction has not been installed in accordance with the license granted, or there is even a complaint or sanctioning procedure against the premises of which you are not informed.

All these problems are easily avoidable issues if you contact an architect before acquiring the premises, so that he can verify the veracity of all the data and we do not find unpleasant surprises during the procedure.

Remember that having adequate technical advice is not an expense, it is an investment that will allow you to save costs in the future.

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