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miércoles, 14 de octubre de 2020

 

Definition of opening and activity license


The opening and activity license is a compulsory municipal license so that a commercial, industrial or service activity can be carried out in a premises, warehouse or office. It consists of a document that certifies compliance with the conditions of habitability and use of that activity.

The opening or activity license is granted to the owner of a business for the development of a specific activity.

It must be renewed every time the activity carried out in the premises changes, there are modifications to it or the business owners change, for example in the event of a transfer.

 

Know well the requirements of your activity


When looking for a place, warehouse or office for your business, you must always bear in mind its suitability to the requirements for the type of activity to be developed. It is very important that you find out these requirements before starting the search (ask your Town Hall or a specialized company) to be able to use them as a filter.

To avoid unexpected costs, make sure that the premises meet all the requirements before closing the purchase or rental. Check them even if this activity was already carried out on the premises, since the regulations are increasingly demanding and premises with old opening licenses often do not comply with the current regulations, which is what the City Council will require of you.

 

Types of opening and activity licenses


There are two types of licenses depending on the degree of annoyances, damages and risks to people of the activity to develop:

-Innocuous activities: are those that do not generate significant discomfort, environmental impact (health, hygiene), damage to public or private property or risk to property or people. Many small businesses such as fashion stores or non-perishable food products, as well as small offices for the provision of various services, are considered safe activities.


-Qualified activities: are those considered annoying, unhealthy, harmful and / or dangerous (hospitality, industrial activities, certain shops and services) and that require the adoption of sanitary, safety and / or environmental corrective measures. Many of them can only be done on industrial land.
The only exempt activities are those professional, artisan and artistic activities that are carried out at home, as long as there is no direct sale or attention to the public and no inconvenience is caused to the neighbors.

 

Technical reports and projects


Safe activities have a simpler legalization procedure, with lower requirements and associated costs.

Even so, in the application it will generally be necessary to attach a technical report that includes plans of the premises made by a professional.

In the case of qualified activities, it is necessary to provide a more complete technical project that allows the corresponding municipal reports to be issued, which will vary according to the characteristics and size of the business (urban, industrial, health, environmental or legal reports).

The professionals accredited to carry out this type of reports and technical projects are generally architects, technical architects, surveyors and industrial technical engineers, who in any case are registered, since it will be necessary to incorporate the visa of the professional association.

Often they not only prepare the technical information, but they are specialized companies that can advise you and even adapt the premises to meet the requirements.

The project must consider all the characteristics of the establishment and the activity to be carried out: location and distribution plans, dimensions, reforms to be carried out, facilities and compliance with the applicable regulations.

Specifically, in all activities it will be very important to observe all the requirements of the accessibility law for disabled people and building licenses in the event that it is necessary to carry out reforms and works in the premises.

Then there are the applicable regulations for certain activities, such as soundproofing (pubs, discos, shows, workshops, etc.), hygiene and food handling (restaurants, bars, cafeterias, etc.) or regulations in case of fires (tourist accommodation , shows, industrial activities).

And remember that for annoying activities the permission of the Community of Neighbors is usually necessary and that with respect to activities in homes, licenses are no longer usually granted above the first floor of a residential building.

 

Cost of the opening and activity license
The cost of the opening license has two components:

 

-City council fees: they are calculated for each premises taking into account three factors: commercial relevance of the street, size of the premises and type of activity. The rates are logically higher for qualified activities and the more relevant a street is and the larger the premises. They vary from one City Council to another, from a minimal amount in small municipalities to several hundred euros for innocuous activities and more than a thousand in qualified activities in cities like Madrid.


-Cost of the report or technical project: it will depend on the complexity of the project to be carried out and the price that the company or selected professional has, and can range from a minimum of 600 to 1,000 euros for innocuous activities to double for qualified activities. In projects that involve works or require special permits (certain industrial activities) the cost can skyrocket up to 10,000 euros.


Application for the opening and activity license


Royal Decree Law 19/2012 of May 25, on urgent measures to liberalize trade and certain services, introduced important new features to rationalize and make the granting of opening licenses by city councils more flexible, which was called at the time as express licenses.

Thus, in the case of premises of less than 300 square meters, the prior opening license is not required but a responsible declaration or prior communication to the City Council in which the entrepreneur agrees to have the corresponding opening license is sufficient. .

This change is applicable for new businesses but also for changes of ownership of commercial and service activities, as well as for building licenses in reforms that do not require a construction project.

In practice, this rule does not imply major changes since it is still necessary to present a technical report and pay municipal taxes, so the costs for the entrepreneur and the income for the municipal coffers remain similar. It will be accompanied by a responsible statement.

But with the presentation of these three documents, it is possible to start working while waiting, of course, for obtaining the definitive opening license once the City Council has carried out the relevant inspections.

 

Steps to take
Therefore, the usual procedure for applying for an opening and activity license consists of the following 5 steps:

 

-Preparation of the report or technical project for the opening license and / or adaptation of the premises, generally by an accredited competent technician (industrial technical engineer, technical architect ...).


-Project visa by the corresponding Official College. It involves the payment of fees.


-Payment of the corresponding municipal fees, at the bank or at the City Council itself, as appropriate.


-Presentation of the responsible declaration and the application for the opening license, together with the technical project and the receipt of the payment of municipal fees, in the register of the competent area of the City Council, generally urban planning or environment. It must be done at the time of opening the premises to the public.

-Visit of a competent technician from the City Council to verify that the premises comply with the stipulations and thus ratify the granting of the opening license.
The term of resolution or answer of the City council usually takes several months, very often even almost a year. It also varies depending on the workload and the City Council in question.

It is important to have ensured when you open your premises to the public and request the license that you meet all the necessary requirements for your activity, since otherwise you will be forced to close or correct the deficiencies detected when the municipal technicians visit you, and you may even have to pay some fine.
This regulation together with the Sustainable Economy Law, of March 4, 2011, which already represented a first step in accepting the presentation of a prior communication of opening to the City Council and compliance with the requirements of the activity, came to legalize it is the “administrative silence” by which in many cases the opening was tolerated once the request was presented while waiting for the municipal response.

Of course, always subject to compliance with the requirements, so the technical projects and costs associated with the opening or activity license were not modified.

The goal, long desired and requested by Brussels, was to reduce part of the bureaucracy associated with starting a business.

And once you have everything ready, remember that Infoautónomos specialists can register you and manage your business fiscally, accounting and labor from the start.

 

Therefore, the usual procedure for applying for an opening and activity license consists of the following 5 steps:

 

-Preparation of the report or technical project for the opening license and / or adaptation of the premises, generally by an accredited competent technician (industrial technical engineer, technical architect ...).


-Project visa by the corresponding Official College. It involves the payment of fees.


-Payment of the corresponding municipal fees, at the bank or at the City Council itself, as appropriate.


-Presentation of the responsible declaration and the application for an opening license, together with the technical project and the receipt of the payment of municipal taxes, in the registry of the competent area of the City Council, generally urban planning or environment. It must be done at the time of opening the premises to the public.


-Visit of a competent technician from the City Council to verify that the premises comply with the stipulations and thus ratify the granting of the opening license.

 

 

 
 
 

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