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Guide summary
- The opening and activity licence is the essential municipal permit to open any restaurant in Spain. Without it, your business operates illegally.
- The type of licence you need depends on your establishment: restaurants, bars, cafeterias, premises with music, or beach clubs do not require the same permits.
- Procedures vary by municipality and autonomous community. Always consult your local council before committing to any premises.
Table of contents
Before opening the doors, there is one step you cannot skip: obtaining the opening and activity licence for your establishment. Without it, your restaurant operates illegally, and the consequences range from fines to immediate closure. With these permits in hand, you guarantee that your establishment complies with current regulations and your restaurant is ready to welcome its first customers. Find out which licences you need to open a restaurant in Spain, how to apply for them, how much they cost, and in what order to do so, so that you arrive at opening day without any surprises.
Key figures
- +266,000 catering establishments in Spain in 2024 (1)
- Between €500 and €4,000 in municipal fees to open your restaurant. The cost of the licence varies according to the municipality and the size of the premises
- Between 3 and 12 months of processing time depending on the autonomous community.
What licences do you need to open a restaurant in Spain?
To open a restaurant in Spain, the basic municipal permit is the opening and activity licence. In practice, these two terms are often used interchangeably, although technically they designate two distinct stages :
- The activity licence is the permit that certifies that your restaurant can carry out its activity on those specific premises. The local council verifies that the premises comply with urban planning regulations, safety conditions, accessibility requirements, and environmental regulations. To obtain it, restaurants almost always require a technical project signed by an architect or engineer, detailing the layout, installations, smoke extraction, and compliance with the Technical Building Code.
- The opening licence is the local council's final approval. It certifies that the works and installations carried out correspond to the approved project and that the premises are ready to open to the public.
In many local councils, both are processed jointly as a single procedure. This permit is granted by the local council and guarantees that the premises can operate as a restaurant.
Did you know...? If you are thinking of taking over an existing restaurant, it is not always necessary to reapply for all licences from scratch. In the case of a business transfer, the activity licence can be transferred to the new owner, but the conditions vary by municipality. Find out all the details before closing the deal.
What types of hospitality licence are there in Spain?
Not all hospitality businesses need the same type of licence. Requirements vary depending on what you offer: whether you serve cooked food, whether you have a bar counter, whether you sell alcohol, whether you play music, or whether you install a terrace. Here we explain the main types.
Restaurant licence
For a restaurant, the requirements are the most demanding in the sector. The premises must have a dining room, a kitchen separated from the rest of the establishment with a ventilation system and certified extraction hood, and a space for product storage. This is the licence that applies to any establishment serving lunches or dinners with a full kitchen.
Bar and restaurant licence
Bars and cafeterias serve cold and hot drinks and some simple food such as tapas and sandwiches, with simpler requirements than a restaurant. Within this category, there are several subcategories depending on the specific activity:
- Bar with minor mixed catering: bar with basic equipment (griddle, microwave). They do not have an extraction hood, as they cannot offer a dish menu.
- Bar with fast food: equipped with ovens and sandwich makers, requiring a certified extraction hood.
- Bar cafeteria : serves lunches and dinners, various drinks, ice creams, and pastries, and must have an extraction hood.
- Bar restaurant (resto-bar): combines bar and restaurant services, with a counter and dining room, and requires a certified extraction hood.
Alcohol licence for restaurants
Generally, it is not necessary to obtain a specific licence to sell alcohol. The premises' own opening licence usually includes the legal authorisation to sell it. But this depends on the type of licence you apply for.
Nevertheless, regulation is within the jurisdiction of the autonomous communities, so rules may vary by region. Some local councils require additional authorisation, particularly for the sale of high-alcohol-content drinks or during night-time hours. In any case, it is essential to consult with the relevant local council before opening.
Music licence for restaurants
If your establishment plays music, you need a specific licence guaranteeing adequate acoustic insulation. There are three levels:
- the bar or restaurant with music licence (music through speakers without a stage),
- the bar with live music licence (with space for a stage but without a dance floor),
- the nightclub licence (live or recorded music with a dance space).
Terrace licence
If you want to place tables on the public highway, you need a specific permit from the local council. You must provide a detailed description of the furniture to be installed and an acoustic study guaranteeing that noise levels do not affect neighbours and other businesses. This licence is usually renewed annually.
| Type of licence | What you can offer | Kitchen / extractor | Independent dining room | Alcohol | Music / terrace |
|---|---|---|---|---|---|
| Bar | Drinks, cold or hot tapas and sandwiches (griddle/microwave) | No extractor | No | Yes (included in opening) | Optional (additional licence) |
| Cafeteria | Hot and cold drinks, light food, pastries. Kitchen with limited equipment and power. | No extractor or basic | Cannot have an independent dining room | Limited (low alcohol content) | Optional |
| Bar restaurant | Drinks + elaborate food with full kitchen. Counter and dining room, but combined in one space. | Extractor required | No (counter and dining room combined) | Yes | Optional |
| Restaurant | Elaborate food with full kitchen, lunches and dinners. Dining room separate from kitchen. | Extractor required | Yes (independent dining room) | Yes | Optional |
| Premises with music | Depending on base activity + ambient, live music, or dance floor | Depending on activity | Depending on activity | Check autonomous community | Required |
| Beach club / chiringuito | Depending on base activity + tables on the public highway or outdoor space | Depending on activity | Depending on activity | Yes | Terrace required |
How to obtain a restaurant licence in Spain?
1. Check the viability of the premises
Before signing any contract, check that the premises can accommodate a catering activity. The General Urban Development Plan (PGOU) determines which activities can be carried out in each zone. Premises must be located in areas classified as tertiary or commercial use compatible with hospitality. Skipping this step can mean losing the investment made before even opening.
2. Obtain the activity and opening licence for your restaurant
This is the main municipal permit, granted by the local council.
To apply for it, you need a technical project signed by an architect or engineer certifying that the premises comply with current regulations on safety, accessibility, ventilation, and smoke extraction. Depending on the municipality and the type of activity, the procedure may vary (including with the responsible declaration relating to the activity of catering establishments, which is usually simplified).
3. Process the supplementary licences
Depending on your establishment, you may need additional permits: terrace licence, music permit, or authorisation to sell alcohol depending on your autonomous community. The recommendation is to start all the procedures 4 or 5 months before the planned opening date to avoid delays.
Do you have your licences in order? Now comes the best part: managing your restaurant.
Bookings, floor management, customer loyalty… Covermanager is the solution designed for restaurants, bars, and beach clubs like yours.
FAQ
How long does it take to obtain a restaurant opening licence?
Timeframes vary by municipality and autonomous community. In Andalusia, the maximum timeframe is 6 months; in the Community of Madrid, 4 months; in Catalonia, it can extend to 12 months depending on the type of activity. The recommendation is to start the procedures well in advance.
What happens if I open without a licence?
Operating without an opening and activity licence can result in fines of between €5,000 and €15,000. Furthermore, it can lead to the closure of the premises and legal problems that could affect your reputation.
How much does it cost to obtain a restaurant licence in Spain?
The cost of a bar and restaurant licence varies by municipality, the size of the premises, and whether adaptation works are required. Here are the opening costs for a restaurant in Spain:
- Municipal fees: varies from a few hundred to thousands of euros. For example, the capital city of Madrid applies a base fee of €390 plus a variable component of €0.15 per square metre of usable floor area. In Barcelona, fees can exceed €2,500.
- Technical project: average cost of €2,000 to €3,500 for a medium-sized restaurant, although it can rise to €5,000 or more if the premises require significant renovation.
- Administrative management: whether through a manager or specialist consultancy, costs between €800 and €1,500.
If the premises need adaptation (smoke extraction, electrical installation, accessibility), costs can rise considerably. The most advisable approach is to include these items in the business plan from the outset to avoid cash flow surprises and funding.
Is obtaining an opening and activity licence sufficient to open a restaurant in Spain?
No. The opening licence is just one stage. Opening a restaurant involves complying with other legal and administrative obligations that go beyond the municipal procedure. You will also need to:
- Validate your project with a market study
- Incorporate your company
- Train your team
- Comply with signage regulations
- Comply with tax regulations (the VAT, income tax, the Business Activity Tax, and accounting obligations).
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