Applying for the opening and activity license is a procedure that you must carry out at the City Hall, and in this article, we tell you everything you need to know to apply for it, the requirements and its important data so you are always up to date with your tax obligations.
What is the opening and activity license?
An opening and activity license is a municipal license issued by each city hall and is mandatory for a commercial, industrial or service activity to be carried out in a physical premise, such as a warehouse or office.
This document certifies that you are complying with the required habitability conditions and that the use of this activity in the establishment is legal.
This opening and activity license is only granted to the owner and it is not needed to renew it until there are changes that directly affect the business, such as when making a modification of the activity.
Types of opening and activity licenses
Innocuous activities
They are those that do not cause any discomfort to their surroundings, are respectful of the environment and do not put people or property at risk.
These types of activities do not usually generate health or hygiene problems, so they should not be exposed to measures to check the effectiveness levels of these values.
As a general rule, you will need to add to the application a technical report including blueprints of the physical premises drawn up by a professional.
Qualifying activities
These are activities that can cause discomfort, and be dangerous or unhealthy if they are not well managed.
These businesses do require security, sanitary or environmental measures, depending on the specific case. In some cases, they can only be carried out on industrial grounds.
The only exempt activities are those professional, artisan and artistic activities carried out at home, as long as there is no sale or direct attention to the public and no nuisance is caused to neighbors.
Express opening and activity license application
Royal Decree Law 19/2012 of May 25 introduced the well-known Express licenses.
This measure is intended to make the granting of licenses more flexible and to speed up the process for city halls.
In the case of premises of less than 300 square meters, it is sufficient to present a declaration of responsibility or notice of the opening of the work center at the City Hall.
In this document, the employer must commit to having the corresponding opening license but they are not required to have it at that time.
This greatly speeds up the opening of the company’s office and helps to avoid waiting. Although it is still necessary to present a technical report and pay the municipal fees.
How to apply for the opening and activity license?
When applying for the opening and activity license you will need:
- To submit the technical project for the opening license (and/or adaptation of the premises): this report can only be carried out by a certified professional, such as an architect or engineer.
- Project endorsement by an Official College.
- Payment of municipal fees: you have to pay the fees at the bank or at the City Hall itself.
- To present all the documentation: which is constituted by the declaration of responsibility and the application for an opening license, the technical project and the receipt of the fees. These are presented at the Town Hall. It must be done at the time of opening the premises to the public.
- The visit of a technician from the City Hall: a technician verifies that the premises comply with the stipulations and approves the opening license.
The term for resolution or response from the City Hall usually takes several months and is normally even extended to a year. However, you can start working without the license under the so-called “administrative silence” without any problem, as long as you meet all the requirements of your activity.
Once you complete all these steps, you will have the opening license in force for an indefinite time until, if applicable, you modify some aspects related to the business.
In addition, it is important to know that the opening and activity license has two procedures that involve a cost for the self-employed: the City Hall fees and the price of the technical project.
- Cost of the technical report: depending on the type of project to be carried out and the price of the company, it may vary between €500 and €1,000 for innocuous activities and a variable price of up to €11,000 for qualifying activities.
- City Hall fees: depending on the relevance of the physical premises on the street, the type of premises, and the activity, the City Hall will demand different fees, although always higher for qualifying activities. Prices vary depending on the city and the area since the busier the more expensive it is.
Obtain the opening and activity license: Technical Report
It is important to pay special attention to these aspects:
- Accessibility law: guaranteed access for disabled people.
- Building permit: permission to carry out reforms and works on your premises.
- Soundproofing: for workshops, discos, or bars.
- Hygiene and food handling: for any business that uses and sells food.
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