Activities exempt from opening license

LICENCES

Apr 28

Written By Francisco Javier Muñoz Fuentes

On previous occasions we have talked in depth about what an opening license is, what is the procedure to follow to obtain it, what are the general requirements that the premises must meet and what are the specific requirements depending on the use (restaurant-cafeteria , shops, bakeries ...) However, in this post we want to give you a more generic vision so that you understand which are all those activities that are subject to the opening license process and which are those that are exempt.

DIFFERENCES BETWEEN LICENSE-RESPONSIBLE DECLARATION AND PRIOR COMMUNICATIO

Although currently it is still talking in a generic way of "opening license" for the procedures that must be carried out with the administration prior to starting an activity, you should know that, in reality, for several years there have been very few activities that They need this opening license, since the procedure has been greatly simplified in order to promote retail business in such a way as to reduce the existing administrative obstacles that affect the start of this activity. To understand it, it is necessary to clarify the difference between three concepts: license, responsible declaration and prior communication.

License

A license is, according to its definition “an express declaration that a person makes, especially with legal authority, to allow a certain thing to be done”. In the context that we are dealing with, a license would be the administrative resolution of a procedure in which it (the administration) expressly authorizes us to carry out that activity that we have requested (and that we must have accompanied by a project or other series of documents).

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Responsible declaration

It is a “document signed by the applicant, which normally accompanies the main instance at the beginning of a file for the exercise of an activity, in which it declares, under its responsibility, that it complies with all the requirements demanded by to sectoral regulations ”. In this procedure there is also an application and it is also accompanied by a project and another series of documents but, unlike the license, with the responsible declaration, we do not need any type of response from the Administration, but from the moment of its presentation, we can start the activity that we have requested.

However, you should know that, at any time, the Administration may carry out an inspection to verify that, indeed, what you have declared is true and that all regulatory provisions are complied with; initiating the sanctioning procedure otherwise.

Prior communication: It is a document through which the interested parties inform the City Council of a circumstance (change of ownership of a license, of an activity ...) It is similar to the responsible declaration, but it is usually for actions of "minor importance" and less documentation is usually required.

CURRENT LEGISLATION

Since 2012, and according to Law 12/2012, of December 26, on urgent measures to liberalize trade and certain services, there are certain commercial activities and services for which the obtaining of a prior license cannot be required.

So what is required?

In order to start the activity for the first time, the presentation of a responsible declaration will be required (as long as the useful area of exhibition and sale to the public does not exceed seven hundred and fifty square meters and it is an activity to be carried out in a permanent establishment) .
For changes of ownership of commercial activities and services, the presentation of a prior communication will be required, for informational purposes only.
For the conditioning of the premises, a license will not be required as long as these conditioning works do not require a project (this occurs in works of little entity and technical simplicity, such as those in which the architectural configuration of the building is not altered, or change the exterior composition, or the volume, or affect the structural system ...)

In short, what activities DO need a license?

According to what we have just seen, if the activity you intend to carry out is identified with any of the following three cases, then IF THE LICENSE WILL BE REQUIRED, and the procedure cannot be processed by means of a responsible declaration:

The activity that I intend to carry out is not permanent but temporary (fairs, congresses, exhibitions ...) whether it is carried out in a fixed establishment (for example: conference center) or a temporary establishment (removable type).
The activity that I intend to carry out is permanent, but it is not included in the list of exempt activities (related below).
The activity that I intend to carry out is permanent, but the premises have a surface greater than seven hundred and fifty meters squares.

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And what activities do NOT need a license, but a responsible declaration?

Finally, we list below the activities for which (if the premises are less than seven hundred and fifty square meters) an opening license is not required, but a responsible declaration. The complete list is in the annex to Law 12/2012, of December 26, so if you have doubts about whether your activity fits into any of the following categories, consult the complete list.

Textile industry (such as the manufacture of hosiery, felts, tulle, lace ...)
Leather industry (manufacture of leather and similar articles)
Footwear and clothing industry and other textile confections
Paper industry and manufacture of paper articles; graphic arts and publishing.
Other manufacturing industries (such as jewelry, costume jewelery).
Retail trade of food products, beverages and tobacco (butchers, greengrocers, fishmongers, casquerías, pastry shops, confectioneries, ice cream parlors ...)
Retail trade of non-food industrial products carried out in permanent establishments (textile stores, home clothing, lingerie, haberdashery, corsetry, drugstore and cleaning, perfumery and cosmetics, herbalists, furniture stores, hardware stores
Mixed or integrated trade, retail trade outside a permanent commercial establishment (ambulance, flea markets and occasional or newspaper markets), trade under the regime of warehouse exhibitors and through automatic devices; mail order retail trade and miscellaneous product catalog.
Repairs (of electrical articles for the home, vehicles and other consumer goods).
Activities related to transport (travel agencies).
Financial and insurance auxiliaries. Real estate activities.
Services provided to companies (legal services, technical engineering services, architecture, urban planning, advertising services ...)
Rental of movable property (cars, bicycles, video films ...)
Rental of real estate (homes, industrial premises ...)
Education and research (non-regulated education of training and improvement and other teachings).
Recreational and cultural services (libraries, archives, museums, botanical gardens ...)
Personal services (laundries, dry cleaners, cleaning, hairdressing salons, photographic services, funeral services ...)

Finally, if you have identified whether the activity you want to carry out requires a responsible declaration or not, and now you have doubts about what is the procedure to follow or what are the requirements that your premises must meet, we recommend that you read our post: opening licenses: everything you need to know

In any case, do not hesitate to contact us with any questions, we will be happy to help you!

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