Prior licenses removed to open small shops in Spain

Automatic summary, not yet reviewed

1. To open retail businesses and provide certain services, public authorities can no longer require a prior municipal license for installations, operation or activity. No license is required either to change the owner of the business or for works to prepare the premises when no construction project is needed.
2. The rule applies to the commercial activities and services listed in its annex, in permanent establishments of up to 300 square meters. Activities affecting historic or artistic heritage, or using public domain property, are excluded.
3. Licenses are replaced by a responsible declaration or prior communication, in which the business owner states they meet the rules and pays the tax if required. The business can start as soon as it is filed, but the administration can still check, inspect and punish afterwards.
4. A new mechanism lets the Ministry of Defense manage programs to sell defense material to other countries. It acts in the name of the foreign government, contracts the supplier companies and manages bank accounts funded by that government, at no cost or profit for the Ministry.
5. The Local Treasury Law is amended so that municipalities keep collecting taxes linked to licenses and works even when these are replaced by responsible declarations.
6. The Government may expand the catalog of activities and the 300 square meter threshold, and the Autonomous Communities may expand them too. The rule takes effect the day after its publication in the Official State Gazette.

Who it affects

• Small shops and service businesses of up to 300 square meters: No longer need a prior municipal license to open or change ownership; they file a responsible declaration or prior communication and can start right away.
• Municipalities and local administrations: Lose the power to require prior licenses in these cases, but can check and inspect afterwards and punish non-compliance.
• Autonomous Communities (Comunidades Autónomas): May expand the catalog of activities and the size threshold, and must adapt their rules to the new system.
• Ministry of Defense (Ministerio de Defensa): Can manage defense material sales to other countries in the name of the foreign government, at no cost or economic benefit.
• Spanish defense material companies: Remain the exporter for legal purposes and contract with the Ministry of Defense using the foreign government's funds.

Words worth knowing

Declaración responsable (responsible declaration)

A document in which the business owner states they meet the required rules; once filed, they can start the activity. The administration can verify it later.

Comunicación previa (prior communication)

A notice to the administration before starting the activity, without waiting for an authorization.

Control ex post (after-the-fact control)

Control done after the activity has started, through inspections and penalties, instead of before starting.

Cuenta de situación de fondos (funds account)

A bank account where the foreign government deposits money to pay for the defense material; only the Ministry of Defense can withdraw from it.

Dominio público (public domain)

Property for general use, such as streets, squares or roads, that belongs to everyone.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries