Licences, premises and compliance

It is for anyone considering, planning or carrying out a move to Spain who wants to start or run a business there. After reading, you will know which licences and premises steps apply to you and where to find the rules in your area.

Start with "Which licences and permits does your business need?". It helps you work out what you need before you open, including in regulated sectors. From there, move on to the guides that match your plans, such as getting the opening licence for physical premises, leasing premises, opening a food business, or setting up an online shop.

Key rules

• Commercial deposit: A commercial lease requires a fianza of two months' rent, which the landlord lodges with the regional body.
• EU distance sales: Selling online to consumers in other EU countries above EUR 10,000 per year means destination-country VAT applies, which you can declare through the One-Stop Shop.
• Opening on filing: With a declaración responsable you can start the activity from the day you file it with the full documentation, but the council can still check and order you to stop later.
• Fixing an application: If your application is incomplete, the council gives you 10 working days to fix it or supply missing documents.
• Withdrawal period: Online consumers have 14 calendar days to withdraw from a distance purchase without giving a reason.
• Trademark opposition: After a Spanish trademark application is published, owners of earlier rights have a two-month opposition period, and protection lasts 10 years from filing.

Licences, premises and compliance: the whole process, step by step

• Work out which licences and sector registrations your business needs: Before you sign anything or spend on works

• Find premises and check zoning, then negotiate the commercial lease and its fianza of two months' rent: The first weeks of the project

• Get the technical project or technician's certificate from an architect or engineer: A few weeks, once the premises are chosen

• Apply for a works licence if the premises need building work: From a few weeks to several months for the council to resolve

• File the opening licence application or declaración responsable: With a declaración responsable you can start on the day you file with full documentation; a prior licence can take one to a few months, and three months is the default legal maximum when no local limit is set

• Fix any gaps if the council says your file is incomplete: Within 10 working days of the council's notice

• Carry out the works, then arrange the final inspection and opening notification with health registration: Works take weeks to months; inspection and registration take a few more weeks

• Register your trademark and prepare online sales terms: Start the trademark early: after publication there is a two-month opposition period, and an unopposed mark usually takes 6 to 9 months to grant. Online buyers get 14 calendar days to withdraw.

• Plan the whole project: Often three to nine months in total, and more than a year in slow cities or complex cases

Documents you may need

Identity and residence

• Your ID or NIE — Getting the opening licence for physical premises

Translations and legal papers

• Sworn translation into Spanish of any foreign-language document — How company rules and costs change by region and city

Other documents

• Declaración responsable form — Which licences and permits does your business need?, Getting the opening licence for physical premises
• Supporting documents for the declaración — Which licences and permits does your business need?
• Proof of your right to use the premises — Getting the opening licence for physical premises
• Proof that you paid the council fee — Getting the opening licence for physical premises
• Legal notice — Legal rules for an online business or shop in Spain
• Terms of sale — Legal rules for an online business or shop in Spain
• Cookie policy — Legal rules for an online business or shop in Spain
• Privacy policy stating who controls the data — Legal rules for an online business or shop in Spain
• EORI number — Registrations for importing, exporting and selling across the EU
• Digital certificate or Cl@ve — Registrations for importing, exporting and selling across the EU

Each article lists the other documents it asks for, where you need them.

Licences, premises and compliance: questions that cross several articles

Does a municipal licence cover everything my business needs to open?

No, some sectors need a separate registration with a regional or national body on top of the municipal licence. Health centres, financial services, travel agencies, private security, gambling and food businesses are typical examples, and the body depends on your region. Read "Which licences and permits does your business need?", and "Opening a bar, restaurant or food business" if you serve food.

Do I need an architect or engineer to open my premises?

Often yes, but it depends on the activity, size and works. Larger or riskier activities such as nightlife need a full signed project. Many declaración responsable cases need only a technician's certificate, and small activities without works may need none. Local rules set the thresholds: see "Getting the opening licence for physical premises" and "How company rules and costs change by region and city".

If I file a declaración responsable, am I safe from the council afterwards?

No, you can open on filing, but the council can inspect at any time and check that your data and documents are true. If something essential is false or missing, you lose the right to operate, and the council can order a stop, require restoration and fine you. Your lease must also allow the use, so read "Getting the opening licence for physical premises" together with "Leasing business premises: commercial lease and key-money transfer (traspaso)".

How long does it take from finding premises to opening?

A whole project often takes three to nine months, and it can exceed a year in slow cities or complex cases. Nightlife and other prior-licence activities are the slowest, and a declaración responsable is the quickest. See "Getting the opening licence for physical premises" and "Opening a bar, restaurant or food business" for the steps.