Every foreign investor who wants to open a company in this country should know that he or she will need a business license in Spain and various permits issued by the local authorities for performing different types of economic activities.
The Spanish authorities that must be contacted for these permits are the municipal and regional bodies in the location where you need to begin your business. Our team of attorneys in Spain can offer in-depth advice on the documents that must be submitted when applying for special permits and licenses.
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Legal assistance on the issuance of a trade license in Spain
If you don’t know the legislation in Spain and the local authorities that manage certain fields of activity, you may address your requests to our law firm in Spain. Our Spanish lawyers can act on your behalf and obtain the necessary documents from the local authorities through a power of attorney.
Your obligation is to provide the required documents that will be submitted to the Spanish authorities, no matter what type of business license in Spain you may need.
More information on the special business permits and licenses in Spain are presented in the video below:
Other types of licenses
If you want to modify the premises in which you perform your business activities – demolish certain parts, modernize, build a new structure etc., you will need a construction permit for which you will pay a fee. Other types of licenses are required if you intend to open a travel agency, a repair shop, a tattoo studio and they can vary depending on the specific operations carried out by the Spanish company.
Applying for an opening license in Spain
An opening license is one of the basic permits investors should apply for when starting a company in Spain. This document is a mandatory business license in Spain required for a variety of establishments, such as shops, offices, warehouses, etc.
Those who need to apply for it have to obtain the business license in Spain prior to engaging in any commercial activity, as the document will certify that the premises meet the standard requirements imposed for all business establishments.
This document is known in Spanish as the Licencia de Apertura de Establecimientos and it can be issued for 2 main categories of activities – for harmless activities and for qualified operations. Thus, when applying for this business license in Spain, investors must determine in which category their business activity will fall under.
Harmless activities are seen, from a Spanish law point of view, as any business operation that doesn’t have a significative impact on the environment (in terms of waste, health, noise, etc.). This can be the case of the majority of commercial activities.
The other type of license, the trade license in Spain required for qualified operations, is necessary for companies whose economic activities can have a negative impact on the environment and society. These businesses can be pubs, clubs, event halls (acoustic pollution), industrial-related businesses (waste, environmental impact), etc.
As mentioned earlier, companies operating in Spain will need an opening license issued by the Town Council in Spain.
In this sense, investors will have to present various aspects of their new company, such as: a map depicting the premises of the business location, a description of the company’s main business activities and a receipt attesting that the company was registered for tax purposes and paid the required fees.
When applying for an opening license, the company’s representatives should also provide various documents. These can be: the lease contract/ deed of the company’s premises, the company fiscal identification number and the company’s articles of association.
What trade license in Spain is necessary for those involved in the food industry?
A trade license in Spain that is mandatory for food-related businesses is the Food Handler Certificate. The document must be obtained by all personnel working with food, including those who simply handle or serve food. Concerning this, the following apply:
- the Food Handler Certificate is regulated under the Law RD109/2010;
- following the implementation of the European Decree EC 852/2004, all persons engaging in work activities related to cooking, handling, serving food must complete a course on Food Safety and Hygiene;
- the course costs EUR 20 for each participant and it can be held online;
- in the past, this business license in Spain was valid for a period of 4 years – now, it doesn’t have an expiration date once obtained, but those who have obtained the certificate more than 4 years ago are advised to take the course again.
Obtaining Spanish business permits for construction projects
When conducting a business activity in Spain, investors will be required to obtain special permits and licenses that will be issued in accordance with the business activities of the company. In the situation in which the investor purchased land in Spain and he or she is interested in developing a construction project for business purposes, it will be necessary to receive a construction license (licensa urbanistica).
The construction license will be requested by the local authorities for both interior and exterior construction projects. Businessmen will need to pay a fee for the issuance of the licensa urbanistica, which will depend based on the surface of the respective building.
What are the main types of Spanish construction permits?
Basically, the Spanish construction licenses are divided into two categories, for major construction projects and for minor constructions. Our team of Spanish lawyers can assist with advice on the issuance of the following:
- municipal works permit – a type of permit that is necessary in all types of construction projects, from refurbishment to demolition;
- municipal activity permit – it is necessary in order to prove that the respective construction project is in line with the current safety and health requirements;
- municipal first occupancy permit – issued once the local authorities have visited the site and verified if the construction complies with the technical standards;
- municipal opening permit – it grants the right to use the respective space in accordance with its designated purpose.
Please note that the issuance of the first type of permit presented above – the municipal works permit, can only be completed if the applicants have provided information on the construction project, signed by an architect. The application for the permit will also incur a set of taxes, which are paid by the applicant.
Another important aspect is that companies also require a business license in Spain, which presents information on the ownership of the company. In the situation in which the company will have new owners, the investors will need to change the business license, providing details on the modified ownership.
What are the environmental permits in Spain?
Environmental permits in Spain are legal documents that attest the fact that the holder of the permit develops his or her commercial activities following the environmental regulations available in Spain. Thus, any business in Spain that develops operations which have a negative impact on the environment must obtain an environmental permit.
The issuance of the environmental permit is necessary for a wide category of business activities that are related to waste, water supply, air pollution and other similar fields. These are regulated under Law 16/2002 on Integrated Pollution Prevention and Control.
The law mentioned a single permit, that is issued for a wide category of fields which are related to the protection of the environment. Thus, investors can apply for the integrated environmental authorization, which is issued for a specific purpose.
Are there any permits for polluted land in Spain?
Yes, in the case in which an investor purchases land in Spain that was previously exposed to any kind of pollution, he or she has the legal obligation to perform the due diligence procedures.
It is necessary to verify if the respective land is still under any risks (provided that the respective land was used for developing a business activity that could potentially harm the environment). This will require the owners of the land to submit a non-intrusive report.
In the case of local businesses that develop various commercial activities that are labelled as being harmful to the environment to a certain degree, it will be necessary to file a preliminary report in a period of maximum two years since the activity started.
It is important to know that, if the owners of the land want to change the destination of their property, they should apply for a permit to develop a non-contaminating activity. Our team of Spanish lawyers can offer further information on the legislation regulating this type of activity.
Who grants Spanish environmental permits?
Businessmen who will need to obtain an environmental permit in Spain should know that the issuance of the documents is based on a three-tier system.
Spanish municipalities are in charge with issuing environmental permits for waste management and disposal or noise limits. The sector is regulated under the rules established by the Ministry of Agriculture, Fishing, Food and Environment, and also by the Climate Change Spanish Office and the Service Nature Protection Civil Guard (SEPRONA).
The regulations in Spain also stipulate that specific business activities will require specific special permits. This can be the case of companies operating in agriculture, import-export, IT industry and numerous others. It is also important to know that a Spanish permit will include legal and technical requirements that have to be met by each applicant, based on his or her respective field of activity.
If you need more information about the permits and licenses required for a certain business activity in Spain, you may address to our law firm in Spain. Our team of lawyers in Barcelona can help you obtain any of the business permits presented in this article.
If you want to set up a restaurant in the city of Madrid you will also need restaurant licenses. For advice on the types of documents you need, please address our lawyers in Madrid.
Professional assistance can also be provided by our team of real estate lawyers in Spain.
We invite you to contact us if you want to find out information on business licenses in Spain. Our lawyers can also help you start an LLC in Spain.