When opening a business, especially in the hotel and catering sector and other commercial sectors, it is common to find two ways to start operating: the responsible declaration and the activity or opening licence.
The aim of both is to regulate the legality of the establishment, but there are important differences between them in terms of procedures, requirements and processing times. The main differences between the two concepts are explained below.
In the City of Madrid, declarations of responsibility and licences are regulated by the Ordinance 6/2022 of 26 April on Licences and Declarations of Responsibility for Town Planning of the Madrid City Council.
1. DECLARATION OF RESPONSIBILITY
As explained in our article on Declarations of Responsibility, the Declaration of Responsibility is a document by means of which the owner of a business declares, under his/her own responsibility, that he/she complies with the requirements required by the regulations for carrying out an activity, and undertakes to maintain this compliance over time.
This declaration allows the entrepreneur to start the activity almost immediately, without having to wait for the administration to carry out prior inspections or to grant explicit authorisation.
In the Madrid City Council, the declaration of responsibility must comply with what is established in its General Decalogue.
a) Main features of the Responsible Declaration
- Agility and speed
The great advantage of the Responsible Declaration is that, once submitted, the activity can begin without waiting for a formal pronouncement from the administration.
The procedure is much quicker than that for a licence, as it does not require prior review by the local authorities. - Responsibility of the entrepreneur
By signing the declaration, the entrepreneur undertakes to comply with all applicable regulations (town planning, environmental, safety, etc.).
If the authorities subsequently find that this is not the case, they can demand that the non-compliance be remedied or even impose penalties and order the cessation of the activity. - Subsequent verification
Although the activity can start immediately, the administration has the power to carry out ex-post inspections to check that the business is complying with the rules.
If irregularities are found, they can impose fines or even force the establishment to close. - Scope of the responsible declaration
The declaración responsable usually applies to low impact or low risk activities, such as offices, small shops and, in some cases, catering establishments that do not generate significant nuisances in terms of noise, fumes or discharges.
b) Advantages of the declaration of responsibility
- It allows you to get up and running quickly, which can be crucial for many entrepreneurs.
- It simplifies bureaucratic procedures.
c) Disadvantages of the declaration of responsibility
- There is a risk of sanctions if the legal requirements are not met.
- The responsibility falls entirely on the owner, without prior supervision by the administration.
2. ACTIVITY OR OPENING LICENcE
On the other hand, the activity or opening licence is an administrative authorisation granted by the Town Council or the competent authority, after checking that the business complies with all the necessary regulations to operate legally, as explained in our articles on licences.
This is the traditional procedure for starting an activity and is obligatory for those activities that may have an impact on the environment, urban development or public health.
Licences for activities in the City of Madrid are handled by the Activities Agency.
a) Main characteristics of the activity or opening licence
- Prior control
Unlike the declaration of responsibility, in the case of the activity licence, the administration examines all the documentation and carries out the relevant inspections before granting the authorisation to open.
This means that the business cannot start operating until the licence has been issued. - Greater legal certainty
With the administration’s approval, the entrepreneur has greater certainty that his or her business is compliant.
This reduces the risk of fines or unexpected closure. - Stricter requirements
Obtaining an activity licence can be a long and complex process as it requires the premises and activity to meet a number of technical requirements (such as planning regulations, safety, environmental impact, etc.). - Scope of application
This type of licence is most common for activities that can have a significant impact on their surroundings, such as industry, bars and restaurants, venues with live music or activities that generate noise or emissions.
It is also required for large establishments or establishments with specific risk characteristics.
b) Advantages of the activity or opening licence
- It offers greater legal certainty to the owner, as the administration confirms compliance with all regulations.
- It may reduce the risk of sanctions or litigation at a later stage.
c) Disadvantages of an activity or establishment permit
- The process of obtaining it is longer and more complex, which may delay the opening of the business.
- The associated costs may be higher due to the need for technical reports and possible adaptations to the premises.
3.- MAIN DIFFERENCES BETWEEN THE DECLARATION OF RESPONSIBILITY AND THE ACTIVITY LICENCE
| Aspect | Declaration of responsibility | Activity Licence |
|---|---|---|
| Start of the activity | Immediately, after submission of the declaration | Only on receipt of licence |
| Administrative review | After opening | Before opening |
| Responsibility | The operator, who ensures compliance | The administration, which checks before approval |
| Processing time | Fast, virtually instantaneous | Slow, may take weeks or months |
| Scope of application | Low risk or low impact activities | Higher risk or impact activities (noise, waste, etc.) |
CONCLUSIÓN
The main difference between the declaration of responsibility and the activity permit lies in the timing of administrative intervention.
While the declaration of responsibility allows the activity to start immediately, relying on the responsibility of the operator, the activity licence requires prior control and formal authorisation before opening the doors to the public.
The choice between one or the other depends on the nature of the activity to be developed, the impact it may have on the environment and the need to start the activity more or less quickly.
In any case, it is essential to comply with the regulations in force in order to avoid possible sanctions or the closure of the business.
If you need to process a declaration of responsibility or an activity licence, please contact us and we will take care of all the steps to obtain authorisation from the administration.
