What is the License of Opening?
The Opening License is a mandatory procedure through which it is verified that a premises, office or warehouse complies with the regulations in force in each municipality to develop a specific commercial activity.
The Opening License is granted by the City Council of each municipality, and the requirements may vary from one municipality to another. The criteria that a premises must meet to obtain its Opening License cover technical, environmental, hygienic, and urban planning aspects.
The Opening License required for a business depends on the activity to be carried out there. These licenses vary mainly in terms of the documentation and reports that must be submitted, as well as the response time from the city council to grant the license and allow the activity to begin.
The regulations governing Opening Licenses establish a distinction between harmless and qualified activities, with a pastry shop being considered a qualified activity:
Qualified activities are those that, during the development of the activity in question, may be annoying, unhealthy, or dangerous for both people and the environment. Obtaining the Opening License for this type of qualified activities requires following a more extensive and also more expensive procedure. Typically, a full technical project is required, and its approval by the city council can take up to three months. During this process, aspects related to the safety, health, and environmental impact of the activity will be assessed, with the aim of ensuring compliance with all relevant rules and regulations.
Regulations on Opening Licenses:
The regulations relating to Opening Licenses vary depending on each municipality. At ALONE Architectural Studio, our professionals always emphasize the difficulty of establishing a general standard, given that the requirements to obtain an opening license They may differ in each municipality.
At the national level, Law 12/2012 on Urgent Measures for the Liberalization of Trade determines the procedures that must be followed for each commercial activity. The objective of this regulation is to facilitate the obtaining of Opening Licenses for the greatest possible number of commercial establishments.
Law 12/2012 introduces what is commonly known as an "express license", which allows certain types of commercial activities to begin their activity in a premises without needing to obtain a prior license from the city council. Instead, a responsible declaration is required for those services listed in Annex I of the law, provided that the premises do not exceed 500 square meters of sales area to the public.
The administration will carry out subsequent control to verify compliance with current regulations in relation to obtaining the Opening License.
Activities that are not included in the list established by Law 12/2012 cannot claim the right to submit a responsible declaration to start their activity and are regulated by the Regulations on Annoying, Unhealthy, Harmful and Dangerous Activities, which was repealed in 2007 by Law 34/2007, of November 15, on Air Quality and Protection of the Atmosphere.
Qualified Opening License
Ventilation and smoke outlet
If the bakery has a kitchen, grill or other equipment that generates smoke, it must have a smoke outlet that points outside. It is essential to keep in mind that this smoke outlet should not expel the smoke towards the façade, but rather carry it up to the roof. To achieve this, a patio or a light well should be used, avoiding using the main façade. In addition, it is important to ensure that the premises have adequate ventilation, which is generally achieved through mechanical systems for extracting and supplying clean air from the outside.
Adapted toilets
A major challenge is the need for sufficient space in the restroom, which can be difficult if your space is small. It's essential to reserve an area within the bathroom with an unobstructed circumference of 1.50 meters in diameter. Access to the bathroom must have a clear passageway 1 meter wide and, if necessary, allow for turning within an unobstructed circle of 1.20 meters in diameter.
Additionally, accessible toilets must be equipped with side bars on both sides of the toilet to facilitate support, and the toilet itself must have a free space of 0.8 meters on each side. Doors must also be sliding or hinged. The toilet, sink, and mirror must be designed to accommodate people with disabilities.
Access for people with reduced mobility
If there is a step or unevenness, the use of a ramp, elevator or other suitable lifting system will be required to overcome it. Even if an alternative ramp is available, it is important that the stairs meet certain minimum requirements to ensure the safety and comfort of all users:
– The surface must not be slippery.
– Staircases must have handrails, preferably double ones, on each inclined flight. The lower handrails must be at a height between 65 and 75 cm, while the upper handrails must be at a height between 95 and 105 cm.
Fire safety and evacuation
The establishment must have fire extinguishers and clearly marked emergency exits. Doors must meet certain specific characteristics, such as opening outwards or being automatic. In specific situations, more than one exit may be required, among other requirements.
Electrical installation
To legalize the electrical installation, the following steps must be followed:
1. Prepare an electrical project by a qualified technician.
2. Hire an authorized installer to carry out the installation and issue an Electrical Installation Certificate (CIE).
3. Request an electrical control from an EIC (Inspection and Control Entity) accredited by the Autonomous Community, and obtain a report favorable from said entity.
4. Register the electrical installation in a registry of installations subject to industrial safety.
In this process, the qualified technician assumes responsibility for the design, while the responsibility for execution falls on the installer. In addition, the technician must issue a final certificate of work certifying that the measurements of the results are favorable and that the installation carried out complies with the presented project, including the modifications indicated in the certificate itself, if necessary.
Urban planning compatibility
The Urban Planning Compliance Certificate (CCU) is a non-mandatory report that must be requested by each municipality to verify whether the activity to be carried out meets all municipal requirements. For example, if you want to open a bakery, the CCU will assess whether the establishment fits and integrates with the environment, taking into account not only environmental criteria, but also schedules, themes and usefulness for the residents of the area, among other aspects. This report provides you with the guarantee that the activity you plan to carry out can be approved in terms of the permitted uses in the urban area where it is located. you wish to locate it. It is important to obtain this report before signing a rental or purchase agreement for the commercial premises. To apply for the CCU, you must contact the town hall of the municipality where you wish to operate the premises. Each municipality has minimum documentation requirements that are necessary for technical services to issue the report. Below, I will tell you what documents you will need:
1. Settlement of municipal taxes.
2. Detailed technical-descriptive report of the activity to be carried out, including the owner's details (whether a natural or legal person), the exact address of the premises and a detailed description of the activity to be carried out.
3. Use of the land.
4. Complete plan and section at standard scales (1:100 or 1:50).
5. Energy use and of air conditioning.
6. Cadastral Reference.
Remember to pay attention to the specific documentation requirements established by the municipality where you wish to carry out your activity.
Technical project
The technical project must include all the technical aspects, adapted to current regulations, that the premises in question must comply with in order to carry out the activity for which it is intended. This technical project will include layout plans, machinery, electricity, air renewal, etc.
Building and renovation permit
If you're considering remodeling your bakery, it's important to be aware of the necessary licenses to carry out the renovation legally. In the case of a bakery, most projects are considered minor.
Minor Works License:
When it comes to a minor renovation, a Minor Works License or prior notification will be required, depending on the regulations of each town hall.
In exceptional situations where additional safety precautions must be taken, the town hall may request the signing of a responsible declaration.
Fines for not having a license
Depending on the severity, fines can range from €300 to €600,000. They could also close the bakery for a maximum of three years.
Affordable price
Speed and Convenience
If you need a Tourist License for a home, our services will save you money. Our prices are among the most affordable on the market, including the travel of our technicians when necessary. This is a fixed price.
You can book our services online, so you don't have to travel anywhere. You'll receive your Tourist Housing License conveniently at your home.
We promise to send you your Tourist License within just 24-48 hours of receiving the favorable resolution from the Tourism Department.
Professionalism
Seriousness and Service
Our technicians are registered with the College of Quantity Surveyors, Technical Architects and Building Engineers of Alicante or the College of Architects of Alicante, and have the corresponding Civil Liability Insurance.
Along with the Tourist License you will receive the corresponding certificate of membership from the certifying technician.
We are an Architecture and Engineering Studio focused on serving our clients, where we select our staff in such a way that maximum satisfaction is obtained in the technical service received.
Obtaining the Certificate of Urban Compatibility and the Certificate of Habitability from the Town Hall requires the payment of a fee (which varies in each municipality), while obtaining a Tourist License (which we take care of processing) does not require the payment of any additional fee..
Also write ENERGY performance CERTIFICATES – CERTIFICATE OF OCCUPANCY – CERTIFICATE – TECHNICAL LICENSE OF SECOND OCCUPATION in the following towns and urbanizations of the Province of Alicante – Alicante / Alacant / Urbanization The Sagrat / Sun and Light / Green Door / Boriquen / Sunflowers – Elche / Elx / Urbanización La Marina / El Altet / The Pinet / Navy / Torre del Pinet / Berries / Daimes / The Hoya / Matola / Urbanización Campo Alegre / Altabix / Montesol / Buenavista / Bonavista / Urbanization Carrús / Rock of the Eagles – Torrevieja / La Mata / Torrelamata / Chaparral / El Limonar / Torrealmendro / Misol / Vane / Lagosol / Balconies / High / Villa Pargaza – Orihuela / Orihuela Costa / Dehesa de Campoamor / Villamartin / Playa Flamenca / Florida – Benidorm / Festilandia / Rincon de Loix / Turret / Ciudad Patricia / Fluixá – Alcoy / Alcoi – San Vicente del Raspeig / Sant Vicent del Raspeig – Elda – Dénia / Les Marines / Denia Sea / Frogs – Villena – Petrer – Santa Pola – Villajoyosa / la Vila Joiosa / The Puddle / Montiboli / Urbanization Towers / The Cove / Limes and Atalayes – Jávea / Xàbia / Urbanización Valle del Sol / Balcony by the Sea, Urbanisation Tower dAmbolo / Cap Martí – Calpe / Calp / Urbanization Maryvilla / Urbanización El Mayorazgo / Les Carruques / Oleander / Enginet / Colari / Comet / Ferrando / Llobella / Empedrola – Crevillente / Crevillent – Campello / El Campello / Urbanization Les Mesquites / Spanish People / The Coveta Fumá / The Trap / The Bañets / El Amerador / Pueblo Acantilado – Novelda, alicante – Altea / Cologne Viquingo / Big Picture / Garden Alfaz / Urbanization Panorama / Urb. San Rafael / Montebello / Urbanization Scandinavia / Foia Blanca – Urbanization Mascarat / Urbanization Altea Hill / The Mascarat / Talaia – Muchamiel / Mutxamel – Moraira / Urbanization Morabit / Fanadix / Comet / Urbanization Pla del Mar / la Arnella / El Portet Moraira – Ibi – Pilar de la Horadada / Torre de la Horadada – San Juan de Alicante / Sant Joan d'alacant – Rojales – Alfaz del Pi / l'alfàs del Pi – Aspe – Almoradí – Nucia / La Nucia – Callosa de Segura – Guardamar del Segura / Urbanización Bella Vista / Urbanization Fishing / Urbanización Lomas del Polo – Teulada – Benisa / Benissa – Monóvar / Monòver – San Fulgencio / Urbanization La Marina – Albatera – Cocentaina – Pego – Castalla – Sax – Catral – Muro de Alcoy – Pinoso / Pinós / The Pinoso – Callosa de Ensarriá / Callosa d'en Sarrià – Monforte del Cid – Pedreguer – Onil – San Miguel de Salinas – Redován – Jijona / Xixona – Pain – Banyeres de Mariola – Cox – Finestrat – Bigastro – Ondara – Gata de Gorgos – Benitachell / Poble Nou de Benitatxell / Urbanization Cumbre del Sol / The Hill of the Sun / Urbanization Pueblo Alcazar – Benejúzar – Montesinos / Los Montesinos – Verger / The Verger – Agost – Algorfa – Formentera del Segura – Polop – Rafal – Benijófar – Biar – Busot – Poblets / Els Poblets – Pole / Jalon – Hondón de las Nieves / Fondó de les Neus – Hondón de los Frailes – Orba – Roman / Roman – Farm Rocamora – Jacarilla – Daya Nueva – Benferri – San Isidro – Beniarbeig – Beneixama – Tibi – Salinas – Algueña – Alcalalí – Relleu – Benidoleig – Beniarrés – Glen – Parcent – Aigües – Llíber – Vall de Laguar – Orxeta – Plans – Tàrbena – Benilloba – Torremanzanas / Torre de les Maçanes – Daya Vieja – Daya Nueva – Adsubia – Ràfol d Almúnia – Lorcha / lOrxa – Sanet and Negrals – Vall de Gallinera – Senija – Sealed – Agres – Murla – Benigembla – Benimantell – Alqueria d Asnar / Alquería de Aznar – Castell de Castells – Bolulla – Sagra – Gaianes – Campo de Mirra / Camp de Mirra – Benimeli – Alfafara – Benimarfull – Tormos – Penàguila – Vall d Ebo – Confrides – Gorga – Beniardá – Castell de Guadalest / Castle of Guadalest – Alcocer Plans – Millena – Alcoleja – Benifato – Vall d'alcala / Valle de Alcalá – Benasau – Balls – Almudaina – Benimassot – Benifallim – Quatretondeta – Benillup – Facheca – Famorca – Tollos – Torre de la Horadada –
Office TORREVIEJA
Calle Timonel Nº2, 4º28
03182 – Torrevieja
Teléfono: 961 16 39 25
torrevieja@arquitecturaalone.es
Clearance ALICANTE
Street Journalist Pirula Arderius 2, 2ºA
03001– Alicante
Phone: 965 72 77 36
alicante@arquitecturaalone.es
Office GUARDAMAR
Plaza de Abastos # 4, Mezzanine floor To
03140 – Guardamar del Segura
Phone: 684 22 43 27
guardamar@arquitecturaalone.es