To open a restaurant in Madrid, you will need to obtain various licences and permits to ensure compliance with local, regional and national regulations. Below I explain the most important licences and procedures required:
1. BUSINESS LICENCE
This licence is essential for any establishment wishing to operate in the city. It ensures that the business complies with safety, environmental and urban planning regulations. To obtain it, the premises must be inspected to ensure that they comply with noise, accessibility and fire safety requirements, among others.
Its regulation is established in the Ordinance 6/2022 of 26 April on Licences and Town Planning Declarations of the Madrid City Council.
I.-Types of activity licences
There are two main types of activity licences:
- Innocuous licences: for activities that do not cause significant nuisance or risk (low noise level, low risk).
- Qualified licences: for activities that may cause environmental impact or nuisance (noise, smoke, etc.), such as restaurants.
II.-Procedure for applying for an activity permit
- Submit a technical project drawn up by a qualified professional (architect or engineer).
- Apply for the licence at the Madrid City Council, through the Virtual Office or in person.
2. OPERATING LICENCE
Once the activity licence has been granted, it is necessary to obtain the operating licence. This certifies that the premises are ready to operate, having complied with the requirements set out in the Activity Licence.
It is processed in the same way as the activity licence through the virtual office of the Madrid City Council.
3. BUILDING PERMIT
If the premises require alterations or modifications in order to comply with the regulations, you must apply for a building permit. This licence authorises the carrying out of the works necessary to adapt the premises.
- Minor works: minor changes such as painting, plumbing or electricity.
- Major works: these include structural reforms or significant changes to the layout of the premises.
The regulation can be consulted in the Madrid City Council’s Regulation of Licences and Town Planning Declarations (OLDRUAM).
4. REGISTRATION IN THE FOOD BUSINESS REGISTER
Restaurants must be registered in the General Sanitary Register of Food and Food Businesses (RGSEAA) in order to operate legally, as they handle and sell food products. This registration certifies that the restaurant complies with current health regulations.
5. TERRACE PERMIT
If the restaurant wishes to have a terrace, it must obtain a special permit. This permit regulates the number of tables, the occupation of the public street and the hours of use. The application must be submitted to the Madrid City Council.
It is processed through the electronic headquarters of the Madrid City Council, at this link.
6. OPENING LICENCE OR DECLARATION OF RESPONSIBILITY
In some cases, depending on the nature of the activity and the size of the premises, instead of obtaining an opening licence, a declaration of responsibility can be submitted to the City Council, stating that the business meets all the legal requirements. This document allows the business to start operating more quickly, but the administration can carry out subsequent inspections to verify compliance.
7. DUMPING AND WASTE MANAGEMENT PERMIT
The premises must dispose of solid and liquid waste properly, so a waste management plan and, where appropriate, a landfill permit are required. This is particularly important if the establishment generates a significant amount of food waste or grease.
8. ACCESSIBILITY PERMITS
All establishments for public use must comply with the regulations on accessibility for people with disabilities. This means having ramps, adapted toilets and appropriate signage. In Madrid, compliance with the current law on accessibility is mandatory.
9. PERMISSION TO PUT UP SIGNS OR ADVERTISEMENTS
If you wish to install a sign or advertisement on the façade of the premises, you will need a special licence. This is also handled by the City Council and the sign must comply with the City’s aesthetic and safety regulations.
You can apply for this licence via this link.
10. OTHER PERMITS
- Food Handling Certificate: All staff handling food must have this certificate, which guarantees training in food hygiene.
- Public liability insurance: this is not compulsory, but it is recommended as it protects the company against possible damage to third parties.
- Labour and tax permits: it is necessary to register the company with the tax and social security authorities and to comply with the relevant tax and labour obligations (registration of workers, contributions, etc.).
CONCLUSION
Opening a restaurant in Madrid involves complying with a series of regulations and obtaining the necessary licences to ensure that the business operates within the law. It is advisable to seek the advice of a specialised manager who can guide you through the whole process, from adapting the premises to obtaining the appropriate licences. This will ensure that the restaurant complies with all regulations and avoid legal problems in the future.
At Quikprokuo, we manage all stages of setting up a restaurant business, from the initial idea to opening the doors to the public. Contact us to guide you through the whole process.
