Opening licenses: Everything you need to know

LICENCES

Apr 19

Written By Francisco Javier Muñoz Fuentes

If you have come this far, it is probably because you are thinking of starting some type of business, but you do not know what are the procedures you have to follow to do so. Whether it is to open a restaurant, a retail store, a hairdressing salon or any other type of activity "open to the public" you have surely heard of the activity license as one of the most important requirements and that the most headaches it brings to future business owners. Do not worry, because in this post we bring you all the keys so that you do not have any doubts about what it is and how it is processed!

The activity license or opening license, is one that allows the City Council to verify that a premises meets all the requirements to open to the public in safety conditions, without generating risks to customers, workers, neighbors or the environment environment.

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WHAT ACTIVITIES ARE LICENSED?

As established by law, all activities related to holding public shows and activities are subject to administrative control (either through a license or by means of a responsible declaration, as explained in the section on "What is the procedure?"). recreational activities, as well as public establishments where these activities are held or carried out.

As for the activities, you should know that recreational activity is understood to be those situations of leisure, fun, recreation or consumption of drinks and food. Likewise, public establishments shall be understood to be those premises, venues or facilities of public attendance where shows or recreational activities are held or practiced.

As you can see, the law does not distinguish between types of establishments where these activities are carried out, so we understand that they are already carried out in a place, in a flat, an industrial warehouse, or any other type of property, they must comply with the requirements that are established below to obtain the corresponding permission.

WHAT REQUIREMENTS MUST MY ESTABLISHMENT MEET?

Undoubtedly, this is the most difficult question to answer, since depending on the activity for which a license is required, specific requirements established in the corresponding sectoral legislation must be met. The requirements that a restaurant must meet are not the same as those that a teaching academy must meet, for example; so our recommendation is that you contact an architect who will advise you at all times.

However, in a generic way we can cite a series of requirements common to all uses:

Urban planning conditions: The municipal urban planning establishes a series of permitted uses and specific rules depending on the location of the property, so the first step before buying or renting an establishment to put it into use, will be to verify that the use that we want to give the establishment is allowed by urban regulations.
It must be verified that the establishment complies with the technical conditions of safety, hygiene, sanitation, accessibility and noise level that are determined by regulation in the specific rules of each activity.
Comply with the provisions of the Technical Building Code, fire protection regulations and other basic regulations applicable to public entertainment and environmental protection.

Were you looking for the requirements for a specific type of premises? Check if your activity is in the following list of posts:

Opening licenses - Hair Salon

Opening licences: Bakery

Opening licences: Shops and food

Opening licenses - Restaurant

Opening licenses - Cocktail Bar/ Nightclub

Opening licenses - Offices

WHAT IS THE PROCEDURE?

1. Do I need to reform the premises?

First of all, we have to mention that, in the event that the premises does not meet any of the requirements described in the previous question, it will be necessary to carry out the corresponding reform works, an independent procedure to that described in this post and that will require the presentation of a basic project and an execution project to obtain the building license. If you have questions about some of these concepts, we recommend that you read our posts:

What is a basic architecture project?

What is an architecture execution project?

2. Responsible declaration or activity license?

Since 2012, the procedure to start activities has been simplified and most of them can be processed by means of a responsible declaration instead of by applying for a license.

WHAT IS A RESPONSIBLE DECLARATION?

A responsible declaration is a document signed by the applicant (accompanied by as many documents as requested) in which it is declared, under the responsibility of the signer, that all the requirements for (in this case) the start of an activity are met. Unlike the license application, the responsible declaration does not need a response from the Administration,Therefore, from the moment it is presented, the activity can be started immediately (without prejudice to the fact that the Administration can subsequently verify that the statement is true, and initiate a sanctioning procedure if it is not).

In which cases can the activity be started by responsible declaration?

The opening of fixed public establishments destined to the celebration of public shows and permanent recreational activities will be subject in general, to the presentation of a responsible declaration before the City Council. This means that only in cases where you want to carry out a temporary activity (for example, a fair) or install a temporary establishment (removable type) will a municipal authorization be required. In the rest of the cases, it will be sufficient to present a responsible declaration.

Activity project

Regardless of whether the activity can be started by means of a responsible declaration or not, it will be essential to present an activity project, which describes the activity that will be carried out on the premises, the facilities and machinery that will be used, Compliance with all applicable regulations is justified and plans are provided for all of this.

Is this all, or do I need other authorizations depending on the use that my establishment will have?

As with the requirements, depending on the specific case, it may be necessary to obtain other types of authorizations or carry out procedures other than those mentioned in the previous section, prior to or simultaneously with the start of the activity. As an example, we indicate some authorizations and in which cases they are necessary:

In activities located in protected natural areas, it may be necessary to obtain prior authorization from one of the Ministries (depending on the reason that justifies the protection)
In activities of production or manufacture of food products, the corresponding sanitary registration must be obtained.
Tourist establishments must have the authorization of the competent Ministry of Tourism and register in the Tourism Registry.
In activities located on undeveloped land, the presentation of an action project or special plan will be required (depending on the activity).

ENVIRONMENTAL LEGISLATION

Finally, due to its relevance, we must mention that there are a series of actions subject to environmental prevention and control instruments and that their resolution must be obtained prior to the presentation of the responsible declaration at the City Council and, therefore, before starting the activity.

The activities that must be subject to any of these instruments are listed in Annex I of Law 7/2007, of July 9, on Integrated Environmental Quality Management, where we find, among many others: hotel establishments and tourist apartments; restaurants, cafes, pubs and bars; discos and party rooms; cinemas and theaters; gyms; dance and dance academies, and so on.

DO I HAVE TO REAPPLY FOR A LICENSE IF I SUSPEND THE ACTIVITY OF MY ESTABLISHMENT FOR A PERIOD OF TIME?

Yes. The inactivity or closure for more than six months of a fixed public establishment will require the presentation of a new responsible declaration before the City Council for its reopening. Likewise, the inactivity or closure for more than six months of an eventual public establishment (for which authorization is required when starting the activity for the first time) will require the presentation of a responsible declaration before the City Council for its reopening.

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

Yes. Many of the procedural documents that we have been mentioning throughout the post must be necessarily signed by a technician (among them, the activity project), since he will be in charge of certifying that the activity complies with all regulations.

However, it is not only mandatory for some of the steps, but it is highly recommended to contact an Architect even before buying or acquiring the establishment in question. Why? If you do not know perfectly the requirements that the activity you want to start or the urban regulations must meet, it is very possible that, attracted by a good offer, you will acquire a place in which the use you want to put is not allowed, or in which the cost of the reform that you need to meet all the requirements is much higher than what it would have cost you to acquire another seemingly more expensive premises, but that better adjusts to the requirements of the use you want to start.

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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