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Guide summary
- To open a restaurant, bar, café or beach club, you need to choose a legal structure, set up the company, obtain the necessary licences, and take out compulsory insurance.
- The activity licence is the most important municipal procedure. The type of licence you need depends directly on the type of establishment you are opening.
- The requirements for opening a restaurant in Spain vary by region and municipality. Always check with your local council before committing to a premises.
- Before dealing with procedures, validate your project with a market study and a solid business plan.
Table of contents
Before serving the first dish in your future restaurant, there is a less glamorous but equally important part: the paperwork. Licences, permits, health registrations, legal structure… The list may seem long at first, but with a good road map it is perfectly manageable. In this guide you will find all the requirements to open a restaurant in Spain: from choosing a legal structure to compulsory insurance, including municipal procedures and health regulations. Whether you are opening a traditional restaurant, a tapas bar, a café or a beach club, here is everything you need to know to get started on solid footing.
Key figures
- 266,837 foodservice establishments operate in Spain (restaurants, bars, cafés and collective catering) (1)
- 163,890 are bars, the most numerous type of establishment, and 83,714 are restaurants (1)
- The foodservice sector generates a turnover of €116,193 million, equivalent to 4.7% of national GDP (1)
- The four regions with the highest concentration of establishments are Andalusia (18.6%), Catalonia (16.4%), Valencia (12%) and Madrid (11%), which together account for 58% of all foodservice premises in the country (1)
1. Choosing the legal structure for your restaurant
The first step is to decide under which legal structure you will operate. This choice affects your personal liability, your tax position and your accounting obligations.
These are the most common options in the hospitality sector:
| Legal structure | Partners | Minimum capital | Liability |
| Sole trader (Autónomo) | 1 | No minimum | Personal assets |
| Limited company (SL) | 1 or more | €3,000 | Limited to capital contributed |
| Single-member limited company (SLU) | 1 | €3,000 | Limited to capital contributed |
| Public limited company (SA) | 1 or more | €60,000 | Limited to capital contributed |
The SL is the most widespread structure in the HORECA sector. It protects your personal assets and builds more trust with suppliers and investors. The sole trader option, on the other hand, is the most agile way to start, although it involves unlimited liability with your personal assets.
Before deciding, consult a tax adviser or accountant specialising in hospitality. The right choice can result in significant savings on taxes and asset protection from day one.
2. Setting up the company
Once you have chosen the legal structure, it is time to make your business official. These are the administrative procedures you must complete before opening the doors of your restaurant:
- Deed of incorporation before a notary: compulsory for SL, SLU and SA. The notary certifies the legal creation of the company and drafts the articles of association.
- Registration in the Commercial Register: gives official public notice of your company and is a prerequisite for operating as a company.
- Obtaining the NIF: the company's Tax Identification Number, obtained from the Tax Agency. It is essential for any commercial transaction.
- Registration for IAE: the Economic Activities Tax identifies the economic activity you will carry out. Although small businesses are exempt from paying it, registration is compulsory. It is also the moment to define your tax regime and understand your tax obligations from the outset (quarterly returns, withholdings, VAT).
- Registration with Social Security: as a self-employed person (RETA) or as a company director, you must be registered before the first day of activity. The same applies to each employee you hire.
- Opening a professional bank account: required to deposit the share capital in the case of companies and to keep personal finances separate from business finances.
If you opt for the sole trader option, the process is simpler. You do not need a notary or the Commercial Register. Simply registering with the Tax Agency and RETA is enough to start operating.
3. Necessary licences and compulsory legal procedures for a restaurant
Here are the main licences and municipal procedures you will need to manage. Bear in mind that each municipality and region has its own requirements.
Activity licence or responsible declaration
This is the most important legal procedure at municipal level and the starting point of any opening. The activity licence certifies that your premises meet all the legal requirements — urban planning, safety, accessibility and sound insulation — for carrying out the activity.
The type of activity licence you apply for determines what you can serve and at what hours. That is why the classification of your establishment is a key decision from the outset:
| Type of establishment | What it authorises | Specific features |
|---|---|---|
| Restaurant | Prepared meals + drinks (including alcohol) | Requires equipped kitchen, dining room and extractor system |
| Bar / Café-bar | Drinks (including spirits) + tapas or sandwiches | Can operate without a full kitchen |
| Café | Low-alcohol drinks + light food | More restricted hours than a bar |
| Mixed minor catering | Drinks + simple cold or hot tapas | No full kitchen; cannot offer a set menu |
| Pub / Bar | Alcoholic drinks during evening hours | Requires reinforced acoustic insulation |
| Nightclub / Beach club with music | Drinks + music or dancing | Stricter acoustic and safety requirements |
As for procedure, in many municipalities the activity licence can be replaced by a responsible declaration of opening, which allows the activity to begin immediately without waiting for a formal decision. It is more agile, but does not exempt you from complying with all restaurant regulations from day one.
Specific requirements, timelines and documentation vary by municipality and region. Always check with your local council before signing the lease. Not every premises is suitable for every type of hospitality activity, and a mistake at this stage can be very costly.
Building works permit
If the premises require renovation before opening, you must apply to the local council for the appropriate works permit. Depending on the scale of the work, this may be a major works licence or a minor works prior notification. Starting works without this permit can lead to the project being halted and significant financial penalties.
Outdoor terrace authorisation
If your restaurant, bar or beach club will have tables on public land, you need a specific municipal authorisation. Each council sets its own conditions: maximum surface area, permitted furniture, hours of use and applicable fees. It is one of the municipal procedures that can take the longest, so it is worth applying early.
Health registration and HACCP Plan
One of the fundamental health requirements for opening a restaurant in Spain is registering with the General Health Register of Food Businesses and Foods (RGSEAA) or the equivalent regional register, depending on the type of activity.
In addition, you are required to implement and document an HACCP Plan (Hazard Analysis and Critical Control Points). This system guarantees food safety at every stage of the process: receipt of raw materials, storage, preparation and service. It is the first thing inspectors check on any visit, so it must be up to date and accessible at all times.
Food handler training
All employees who handle food must prove specific training in food hygiene and handling, in accordance with European Regulation 852/2004. This is a compulsory requirement that must be in place before opening, not after.
Discover all the training required before opening your restaurant
Music authorisation
If you intend to play background or live music in your premises, you must register with the SGAE (General Society of Authors and Publishers) and pay the corresponding royalties. This applies to restaurants, bars, cafés and especially beach clubs with music programmes. Operating without this authorisation exposes the business to financial penalties.
4. Taking out compulsory insurance
Opening a restaurant, bar or café means taking on real risks: accidents on the premises, damage to customers, fires, equipment failures… Insurance is a safety net for your business and your assets from day one.
In hospitality there are two strictly compulsory insurance policies:
- Public liability insurance: covers damage your activity may cause to third parties. A customer who slips, a case of food poisoning, an accident on the terrace… In most municipalities it is a requirement for obtaining the activity licence. There are different levels of cover depending on the type of establishment: employer's liability, product liability, late-night entertainment venue cover…
- Hospitality collective agreement insurance: a compulsory policy that hospitality companies must take out to cover their employees in accordance with the collective agreement, guaranteeing compensation in the event of disability or death. Note that in the hospitality sector there is both a national agreement and various provincial and regional ones, and the compulsory nature of the insurance depends on the agreement applicable to your area. Check the collective agreement in your region to find out the minimum cover and capital requirements.
In addition to these two compulsory insurance policies, it is highly recommended to take out:
- Multi-risk business insurance: protects the premises and its contents against fires, flooding, theft or electrical damage, covering both the structure and the equipment and machinery.
- Employee accident insurance: complements the collective agreement cover and covers contingencies arising from workplace accidents inside and outside the premises during working hours.
Checklist of requirements to open a restaurant in Spain
Before opening the doors of your restaurant, bar, café or beach club, go through this checklist. It is a summary of all the compulsory procedures listed by stage, with the body responsible for each.
| ✅ | Step | Responsible body |
| ☐ | Choose the legal structure | Tax adviser / accountant |
| ☐ | Deed of incorporation | Notary |
| ☐ | Registration in the Commercial Register | Commercial Register |
| ☐ | Obtain NIF | Tax Agency |
| ☐ | Register for IAE | Tax Agency |
| ☐ | Register with Social Security / RETA | Social Security |
| ☐ | Open a professional bank account | Bank |
| ☐ | Activity licence or responsible declaration | Local council |
| ☐ | Works permit (if renovation required) | Local council |
| ☐ | Terrace / outdoor seating authorisation | Local council |
| ☐ | Health registration (RGSEAA or regional) | Regional government |
| ☐ | HACCP Plan implementation | Health consultant / adviser |
| ☐ | Food handler training | Accredited training centre |
| ☐ | Music authorisation — SGAE | SGAE |
| ☐ | Public liability insurance | Insurance company |
| ☐ | Hospitality collective agreement insurance | Insurance company |
Remember that the requirements to open a restaurant in Spain vary by region and municipality. This checklist covers the administrative procedures common to most establishments, but it is always advisable to verify them with your local council and a hospitality specialist before starting the process.
Do you have all your paperwork in order? Now is the time to think about how to manage your restaurant.
Opening is just the beginning. For your business to take off from the first service, you need a tool to help you manage bookings, optimise table occupancy and build customer loyalty from day one. Covermanager is the management solution designed for restaurants, bars and beach clubs like yours.
FAQ
Are the procedures for opening a restaurant the same throughout Spain?
No. Although the compulsory procedures at national level are the same for everyone (company formation, registration with the Tax Agency and Social Security, health registration…), municipal procedures vary by region and municipality. Acoustic requirements, processing times for the activity licence, conditions for terraces and closing times can all be very different in Madrid, Barcelona or Seville. Always check with your local council before committing to a premises.
Where do I start if I want to open a restaurant?
Before thinking about procedures, the first two steps are to validate your market and your project. Start with a market study to analyse the competition, demand and trends in your area. It is the foundation for making informed decisions about the concept, location and positioning of your business. From there, build a solid business plan that includes a realistic cost estimate and financial projections. Without this foundation, it is difficult to make sound decisions about the legal structure, the premises or the required investment.
Are the procedures the same whether I open a restaurant from scratch or buy an existing one?
Not exactly. If you acquire premises that was already operating as a restaurant, some steps may be simplified: the activity licence may still be valid, the premises may already comply with accessibility and health regulations, and the equipment may be ready to use. However, buying an operating business involves other specific administrative procedures (licence transfer, contract review, outstanding debts, employee subrogation) that require the same level of attention.
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