Local opening license
The license for local opening and activity is a document that certifies compliance with the rules of habitability and use of the activity, it is a mandatory municipal license to exercise a commercial, industrial or service activity.
If the activity is changed or the business is transferred, it will have to be renewed.
In order to acquire or rent a premises, you must keep in mind the adequacy to the requirements for the activity to be developed. Even in those cases where there is already an old license, you must analyze if they comply with the current regulations.
If you are interested in a local opening and need more information, keep reading more about:
- Types of opening
- Reports and technical projects
- License cost and business opening
- Application for opening license and activity
1. Types of Opening
There are two types of license based on the degree of annoyance, damage or risks
- Innocuous activities: they do not generate discomfort, nor environmental impact, damage to public or private goods. Generally, most of the small businesses that feed non-perishable products, textile shops, and office for the rendering of services are considered as innocuous activities.
- Qualified activities, unhealthy, annoying, harmful or dangerous activities (certain shops, restaurants) must adapt to sanitary, safety and environmental corrective measures. Generally in industrial land.
- Are exempt artisan, professional and artistic activities that are carried out at home, provided there is no direct sales, attention to the public or cause discomfort to neighbors.
2. Reports and technical projects
In the innocuous activities it is necessary to attach a technical report that includes the plans of the premises made by a professional (architects, technical architects, surveyors and industrial technical engineers that case are collegiate)
In the qualified activities it will be necessary to accredit a more complete technical project that will vary according to the characteristics and dimension of the business.
The report must consider the characteristics of the premises and the activity: plans, dimensions, carried out reforms, facilities and compliance with the applicable regulations.
We must take into account the requirements of the Law on accessibility for disabled people and the work license in the case of carrying out a reform.
Other applicable regulations are established for certain activities, such as hygiene and food handling, soundproofing, regulations in case of fires.
With respect to home activities, licenses are not usually granted above the first floor of a residential building.
3. License cost and business opening
The cost of the opening license has two components:
- city hall fees
- cost of the report or technical project
In relation to the rates of the ayto, three factors are taken into account:
- commercial relevance of the street
- the size
- type of activity
Its amount varies depending on the location and the type of activity.
The cost of the report or technical project depends on the complexity of the project, can range from 600 to 1,000 euros, reaching up to 10,000 if special permits are needed.
4. Application for opening license and activity
Royal Decree Law 19/2012 of May 25 on urgent measures to liberalize trade and certain services introduced important novelties to streamline and make more flexible the granting of opening licenses by City Councils, which was called at the time express licenses.
In those premises of less than 300m2 it is sufficient to have a responsible declaration or prior communication to the ayto in which the self-employed undertakes to have the corresponding opening license.
It is still necessary to present a technical report and pay the municipal taxes, which will be accompanied by a responsible declaration. With the presentation of these documents you can start, but you will also have to obtain the definitive opening license once the City Council has carried out the relevant inspections.
Based on all the above, the procedure consists of 5 steps:
- Preparation of technical report or technical project of opening license
- Visa of the project by the corresponding Official College
- Payment of municipal taxes
- Presentation of the responsible declaration and the application for an opening license, it will be necessary to present the technical project and the receipt of the payment of the municipal taxes.
- Visit of competent technician of the City Hall
The resolution can range from one-two months to a year.
Before the opening of the premises, we recommend you go to Gafic to study the casuistry of your business and advise you in the best way possible.