Denied premises licence or unlicensed activity: how to legalise it

The first thing is to debunk the myth: in activity licences, administrative silence is NEGATIVE. It is not true that if the town hall does not reply in 3 months, the licence is yours. The law establishes dismissive silence when the activity can affect the environment (art. 24.1 of Ley 39/2015) and, in urban planning, faculties contrary to planning are never acquired by silence (art. 11.3 of the TRLSRU, approved by Real Decreto Legislativo 7/2015). Waiting does not give you the licence: it only keeps your business stalled.

Facing a denial, you must separate two branches and not mix them. If the reason is legal (the town hall misapplies the rule, demands a disproportionate requirement or denies a use that the planning allows), the appropriate action is to appeal. If the reason is technical (the project does not comply: soundproofing, ventilation, accessibility, emergency exits), appealing does not fix the project: you must correct it and submit the application again.

Managora analyses the denial resolution and tells you upfront which branch it is in, before charging you anything. If the branch is legal, we draft and submit the appeal ourselves, without the need for a technician. If it is technical, the corrective project is mandatory and signed by a registered technician: you can provide it or we can provide one for you. You can see the updated amount in the procedure file for appealing an opening licence denial.

It is the document with which the town hall certifies if your intended use (hospitality, retail, workshop, academy) is compatible with the planning at that exact address. It is the first and cheapest filter: if the use does not fit in those premises, no licence will be possible no matter how many works you do. The number one reason for a failed file is signing the lease and discovering this later.

It is advisable to request it before signing the lease or buying a business transfer, and also when the denial is based on the use: it determines whether it is worth appealing or looking for other premises. Managora requests it for you and also checks if the area is declared a special acoustic protection zone (the so-called acoustically saturated zones), where zonal plans can veto the start of new leisure and hospitality activities (art. 25 of Ley 37/2003, the Noise Act).

Positive silence does not operate here either: it is an act of verification, not an authorisation, so do not take anything for granted because they do not reply. The real timeframe ranges between 1 and 3 months depending on the town hall, and the tasa (official fee) is set by the tax ordinance of each municipality (as a guideline, between €30 and €200).

In Andalusia it is also a legal requirement: Ley 2/2026, of 12 March, for the Environmental Management of Andalusia, requires having obtained the urban compatibility certificate before submitting the responsible declaration of environmental effects.

It depends on the reason, and sometimes it is not advisable to appeal: if the defect is correctable (incomplete documentation, a specific corrective measure, a missing plan), you open sooner by correcting and resubmitting than by fighting the resolution. Managora tells you this clearly even if the appeal generates higher fees: the priority is for you to open.

If the problem is of a legal nature, an appeal is the way. Against a resolution that exhausts the administrative route (usual when the mayor or the local government board resolves), an optional reconsideration appeal can be filed in 1 month, or directly a contentious-administrative appeal in 2 months (arts. 123 and 124 of Ley 39/2015 and art. 46.1 of the LJCA). If a body with a hierarchical superior resolved it, the appropriate appeal is the higher appeal (alzada), also in 1 month (art. 122 of Ley 39/2015). The administrative appeal does not accrue a tasa, and in the contentious one there is no judicial fee in that jurisdiction and the procurador (court representative) is optional before the Court.

If there is silence (they do not reply), you can file the administrative appeal at any time from when the effects of the silence occur (arts. 122.1 and 124.1 of Ley 39/2015). For the contentious appeal, art. 46.1 of the LJCA sets 6 months from the presumed act, although constitutional doctrine understands that this period does not run against you as long as the town hall does not expressly resolve. Even so, do not push it: document the silence and act.

If the municipal requirement is disproportionate or treats you worse than other operators, there is also the claim for the guarantee of market unity, a fast track against unjustified obstacles. Managora assesses if your case fits and processes it if it is worthwhile.

The typical cases: you opened with a responsible declaration that does not cover what you actually do (music, kitchen, terrace, more capacity), you bought a business transfer and discovered the previous owner was irregular, or you did building works without expanding the title. In all of them, the solution is the same: legalise the file before the closure arrives, and if it has already arrived, defend yourself within the procedure.

Legalisation requires a technical legalisation project that describes the premises exactly as they are and the necessary corrective measures (soundproofing, ventilation, fire protection, capacity). The project is mandatory and signed by a registered technician: what is optional is who signs it: your technician can provide it or Managora can provide one for you. As a market guideline, it costs between €1,500 and €5,000.

We must be honest about the timeframe and the risk: a legalisation takes from 3 to 12 months and, meanwhile, the activity can be suspended. From the moment the Administration is aware of an essential inaccuracy or omission, it can prevent the activity from continuing (art. 69.4 of Ley 39/2015). No one can promise you that you will remain open throughout the process; what can be done is to reduce the risk by submitting quickly and correctly.

Costs you should know beforehand: the tasas of the corresponding file (in some municipalities with a higher rate because it is a legalisation of an already started activity) and, if there were building works, the ICIO: it accrues even if the licence was never obtained, with a rate of up to 4% of the real execution cost of the works (arts. 100.1 and 102 of the TRLRHL). Complete legalisation is a budgeted service: Managora studies your file and provides a written quote for its fees and the project before starting, with an estimate of the tasas and the ICIO: the final settlement of these taxes always corresponds to the town hall. You can see the starting point in the procedure file for activity legalisation.

When the town hall detects an activity or building works without a title (by inspection or by a neighbour's complaint), it opens a file for the restoration of urban legality. It usually begins with a legalisation requirement: a period, usually around 2 months depending on the urban planning law of each autonomous community, to request the licence or submit the declaration that legalises the situation.

If legalisation is not initiated within that period, the town hall is authorised to order the cessation and closure of the activity (and the demolition of what cannot be legalised if there are building works), with repeated coercive fines. The sanctioning file is separate from the restoration one: there can be a fine even if you legalise, although legalising usually mitigates the response according to regional regulations.

The real way to stop it is to legalise within the requirement period: once the application with its project is submitted on time, the restoration remains pending what is resolved about it. In parallel, the entire file is reviewed: restoration procedures expire if they are not resolved within their legal timeframe, defective notifications do not take effect and orders can be appealed. Managora answers each step within the deadline and fights every resolution.

If there is already a cessation or closure order, the path is to comply with it and appeal it at the same time (reconsideration in 1 month or contentious in 2 months), requesting a precautionary suspension when appropriate. Breaking or ignoring a seal aggravates the file and can have criminal consequences: it is never the option.