Opening a premises: opening, activity and building licences

The general rule today is liberalisation: for many retail and service activities, Ley 12/2012 (the Spanish Trade Liberalisation Act) replaced the old opening licence with a responsible declaration or a prior communication. This means that you do not wait for the town hall to authorise you, but rather you declare that you meet the requirements and can start operating.

This route applies, in general, to establishments whose useful exhibition and retail sales area does not exceed the threshold set by law (currently 750 square metres) and whose activity appears in the catalogue of Ley 12/2012 itself. The autonomous communities can expand both that threshold and the list of activities, and each town hall specifies the procedure in its bylaws.

The difference between a responsible declaration and a prior communication is technical: the responsible declaration states that certain requirements are met and can be proven; the communication is limited to informing the town hall of the start of the activity. In both cases, the enabling effect begins upon submission. Managora determines which one fits your case and your municipality.

The responsible declaration is regulated in general terms in article 69 of Ley 39/2015 (the Spanish Administrative Procedure Act, LPACAP). It is the document by which you state, under your responsibility, that you meet the requirements demanded to carry out the activity, that you have the documentation to prove it and that you commit to maintaining compliance.

Its great advantage is the immediate effect: it allows you to start the activity from the very day of its submission, without the need for a prior express resolution from the town hall. However, this start does not prejudge anything: the administration retains its powers of verification, inspection and control at all times, and can require you to provide the documentation that proves what has been declared.

It is advisable to take what you sign seriously. According to article 69 of the LPACAP, any essential inaccuracy, falsehood or omission, or the failure to submit the declaration or the required documentation, means that you cannot continue with the activity from the moment the administration becomes aware of it, and it can lead to liabilities and the obligation to restore the situation. That is why Managora prepares the declaration with the complete documentation behind it.

The responsible declaration does not cover all businesses. The prior municipal licence is still required when the activity does not fit into the liberalised regime: for example, classified activities or those with a relevant environmental, safety or public health impact (leisure and entertainment venues, hospitality with certain characteristics, industries, or activities that regional classified activity regulations still classify as annoying, unhealthy, harmful or dangerous), or when the surface area threshold is exceeded or the activity is not in the applicable catalogue.

In these cases, the town hall examines the project before authorising the opening, and may require sectorial reports, an environmental or activity licence and corrective measures. The timeframe, unlike the responsible declaration, depends on the municipal processing, because you have to wait for the resolution.

As the distribution between responsible declaration and licence depends on the autonomous community and the bylaws of each municipality, it is not wise to decide by hearsay. Managora verifies the activity heading, the surface area and the local regulations of your town hall before choosing the route, so as not to submit the wrong procedure.

Opening the premises is one procedure; renovating it is a different one. If you are going to fit out the premises, you may also need a building procedure before the town hall, with its own documentation and its own taxes (usually an urban planning tasa (official fee) and the Tax on Constructions, Installations and Works, the ICIO).

The key is whether the work needs a technical project. Major works (those affecting the structure, the facade, the building as a whole or involving a change of use) require a project and a building licence. Minor works and simple fitting-out works that do not require a project are usually processed by a minor works licence or by a responsible declaration of works, depending on what the municipal bylaws allow.

Ley 12/2012 itself clarifies that works linked to fitting out the premises for commercial activity do not require a prior licence when they do not need a project according to Ley 38/1999 (the Spanish Building Act). If you doubt which category your renovation falls into, Managora classifies it and directs the correct building procedure together with the opening one.

Although each municipality has its own form, the core documentation is quite stable. For opening by responsible declaration or communication, the following is usually requested: the signed official form, the identifying details of the owner and the premises (cadastral reference and address), the activity heading (census registration and, where applicable, IAE), the title that entitles you to use the premises (lease contract or deed), and proof that the premises meet the technical conditions (project or technical report, installation certificates and, where appropriate, fire safety and accessibility measures).

If there is a renovation, the building documentation is added: a report or project depending on whether it is a minor or major work, a budget (the basis for the ICIO) and the corresponding technical certifications. When the activity is classified, additional environmental or health reports may be required.

You do not need to gather all this on your own or interpret which document your town hall is asking for. Managora reviews the complete file, prepares the official forms and assembles the technical and administrative documentation before submitting.

Managora is an online gestoria (administrative management agency) that processes the opening of your premises from start to finish. You answer a guided form with the details of the business and the premises; we identify the correct route (responsible declaration, prior communication or licence), prepare the documents and submit them to the town hall on your behalf.

You can consult the three procedure files depending on your case: the opening and activity licence, the responsible declaration for opening premises and the municipal building licence. In each file you will see the updated cost of the service and what it includes, with no surprises.

If you need renovation and opening at the same time, we coordinate both procedures. When the activity requires a step before a notario (notary) or a sectorial report, we indicate this to you and integrate it into the file, without you having to look for anyone on your own.