Licences, premises and complianceArticle 1 of 9 · 8 min read
Which licences and permits does your business need?
Explains how to work out which opening permits your business needs in Spain: the three municipal routes, when a sector authorisation applies on top, and what a home-based online business should check. For anyone planning to open a business.
Terms used
- Licencia previa — The licencia previa is express council approval you must receive before starting an activity.
- Declaración responsable — The declaración responsable is a signed statement to the council that your premises and activity comply, letting you start on filing.
- Comunicación previa — The comunicación previa is a simple notice to the council of data or changes, for activities needing no licence.
- Cita previa — A cita previa is an appointment booked in advance with a public office.
Key rules
- Prior licence: Higher-impact activities must wait for the council's approval before opening.
- Sector registration: Regulated sectors need their own authorisation in addition to the municipal one.
- Local rules decide: Thresholds and activity lists differ by region and council, so check your town hall's ordinance.
- Home business: Community statutes and your lease can ban business use even when the council needs nothing.
Start with the three municipal routes
Your town hall uses one of three routes for your premises. Which one applies depends on your activity, the size of the premises and its fire, noise or environmental impact.
- Licencia previa. You wait for the council's express approval before you start. It is kept for activities with a significant risk or impact: certain large premises, nightlife venues, activities with heavy environmental or heritage impact, and works that need a licence.
- Declaración responsable. You sign a statement that the premises and activity meet the rules and that you hold the supporting documents. This is the usual route for most shops and services.
- Comunicación previa. A simple notice to the council for activities that need neither of the above, such as a change of owner or a minor change.
National law has removed licences for retail and listed services in premises up to 750 m². Regions and councils set the exact lists and thresholds, so the local rule decides.
What a declaración responsable lets you do
You can start the day you file it with the full documentation. The council can still inspect later. If essential data is false or missing, you lose the right to operate and can be ordered to stop, restore the premises and pay fines. You can also be barred from filing again for a period. The declaración never covers an activity that breaks the planning rules, and a separate works licence or sector registration may still be needed.
Find your council's rules
- Search your town hall's website for the "ordenanza de licencias" or "ordenanza de actividades" and its list of forms. Look under Urbanismo, Licencias, Actividades or Emprendedores.
- Check that the zoning allows your use at that address. Ask the planning office for an urban planning certificate if needed.
- Phone or book a cita previa with the licences department to confirm which route applies.
A local architect or gestor often handles this. The documents and checklist below cover the paperwork.
Sector authorisations on top of the municipal licence
Some sectors need their own registration or authorisation as well. Ask the regional department for your sector:
- Health centres, clinics and pharmacies: regional health department.
- Financial services: Banco de España for banks, payment institutions and credit; CNMV for investment firms and funds; the insurance and pensions directorate for insurance. Anti-money-laundering registers also apply.
- Travel agencies: regional tourism registry, with a declaración responsable and a guarantee or insurance.
- Private security: the national police's private security unit, or the regional police in Catalonia and the Basque Country.
- Gambling: regional authorisation, plus the national gambling directorate for online gambling.
- Food, bars and restaurants: register with the regional public health authority. Food businesses may also need the national or regional food registry.
- Education centres, tourist accommodation, waste or environmental activities: the regional education, tourism or environment authority.
Working from home or online
A purely online business run from home, with no customers visiting, no stock and no nuisance, generally needs no opening licence. Some councils still ask for a declaración responsable or notice for a home office, so ask yours. Also check:
- The home is residential use under the urban plan, which usually allows a home office.
- The community's statutes, which can ban business activity.
- Your lease, which may ban business use.
Tax registration is separate from the municipal licence. Stock, customer visits, noise, workshops or food production need the route for that activity and often cannot be done at home. Tourist rental has its own regional registration.
Choosing between options
Which municipal route applies to your premises: prior licence, declaración responsable or simple notice?
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Declaración responsable: Your activity is not on the licence list, for example most shops and listed services in premises up to 750 m². You sign a statement and can start once it is filed with the full documentation, unless the local rule also requires a works licence or sector registration.
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Simple notice (comunicación previa): You only need to tell the council about data or changes, such as a change of owner or a minor change, in an activity that needs neither a licence nor a declaración.
Check your activity type, surface area and its fire, noise or environmental impact against your council's ordinance: the more risk or impact, the more likely a prior licence is needed.
Documents you need
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Declaración responsable form: a signed statement, filed with your town hall, that the premises and activity meet the rules and that you hold the supporting documents.
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Supporting documents for the declaración, with the full documentation in the form your council requires.
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Urban planning certificate (certificado urbanístico) from the town hall, to confirm the zoning allows your use at that address. Request it if the council's website does not make this clear.
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Prior licence from the council, only where your activity is one of those that need express approval before you start, such as certain large premises or nightlife venues.
Licence screening checklist by type of business
Licence screening by type of business
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Find your town hall's licence ordinance (ordenanza de licencias or de actividades) and its list of forms on its website, under sections such as Urbanismo, Licencias or Actividades.
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Confirm with the town hall's urban planning office that the zoning allows your type of business at your address, and ask for a written urban planning certificate if needed.
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Phone or book an appointment (cita previa) with the council's licences department to confirm the procedure for your activity.
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For a shop, check the ordinance for your activity and premises size, then ask whether the council needs any extra permit beyond the opening licence.
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For an online business, check whether your products or services fall in a regulated sector below; if not, no premises licence is needed unless you also have a physical space.
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For a bar, restaurant or other food business, notify the regional public health authority before opening so you are entered in the food business register (RGSEAA or the regional one).
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For a bar or restaurant, ask an architect or technician to check fire safety, kitchen extraction and ventilation, noise insulation, step-free access, an adapted toilet and maximum capacity (aforo) against the premises.
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For a health centre, clinic or pharmacy, apply to the regional health department for authorisation.
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For financial services, contact the right supervisor: Banco de España for banks, payment and credit firms; CNMV for investment firms; the insurance directorate (DGSFP) for insurers. Anti-money-laundering registration also applies.
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For a travel agency, register with the regional tourism authority, file a declaración responsable (a sworn statement that you meet the rules) and arrange the required guarantee or insurance.
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For private security, apply to the Policía Nacional's private security unit, or to the regional police in Catalonia and the Basque Country.
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For gambling, get regional gambling authorisation, plus national authorisation from the gambling regulator (DGOJ) if you operate online.
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For education centres, tourist accommodation or waste and environmental activities, contact the regional education, tourism or environment authority.
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Ask a local gestor or architect to review your list if your activity fits more than one sector.
Frequently asked questions
Does a home-based online business need a municipal licence?
Usually no, if the business is run from home with no customers, no stock and no nuisance. Some councils still ask for a declaración responsable or a simple notice for a home office, so ask your town hall. Also check your community of owners' statutes and your lease, because either can ban business use.
Which businesses need a sector registration on top of the municipal licence?
Health centres, financial firms, travel agencies, private security, gambling and food businesses all need a sector authorisation or registration as well. Health, travel, gambling and food mostly go through the regional department for that sector. Financial services go through national bodies such as the Banco de España, and private security through the national police.
What happens if I file a declaración responsable with false or missing data?
You lose the right to run the activity from the moment the problem is found. The council can order you to stop, make you restore the premises and fine you, and it can bar you from filing again for a period.
More in Licences, premises and compliance
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- Leasing business premises: commercial lease and key-money transfer (traspaso)
- Opening a bar, restaurant or food business
- Legal rules for an online business or shop in Spain
- Registrations for importing, exporting and selling across the EU
- Protecting your brand and trademark in Spain
- How company rules and costs change by region and city
- Free help for new businesses: PAE points, chambers and agencies
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