Technical opening certificates for commercial premises: A complete guide for entrepreneurs.

Technical opening certificates for commercial premises are essential documents to guarantee that a business complies with current regulations. These certificates ensure that the conditions of the premises are adequate and safe for the development of the economic activity. Obtaining the correct certificate is a process that involves the assessment of the premises by a competent technician. In addition, providing the required documentation is crucial to avoid legal and administrative problems in the future.

Concept and purpose of technical certificates of openness

Technical opening certificates are essential to guarantee the legality of a business. These documents provide the necessary verification to ensure that the premises comply with the required regulations, guaranteeing a safe economic activity in accordance with current legislation.

Importance of compliance

Regulatory compliance is a key aspect in the opening of any establishment. Having a technical opening certificate certifies that the premises meet the requirements established by local, regional and national regulations. This is essential for:

• Protect the safety of employees and customers.
• Avoid administrative sanctions that may result in temporary or definitive closure of the business.
• Facilitate other related procedures, such as opening and activity licences.

Risks of operating without a certificate

Starting a business without the appropriate certificate can have serious consequences. Risks include:

• Imposition of fines and financial penalties that may affect the viability of the business.
• Immediate closure by the competent authorities until the situation is regularised.
• Legal problems arising from conflicts with the community, especially if the commercial activity causes nuisance.

The lack of a technical certificate not only poses legal disadvantages, but also limits the ability of the business to operate effectively in the market. It is therefore crucial to be aware of and comply with all the requirements.

Types of technical opening certificates

There are different types of technical certificates that must be taken into account when opening a business, depending on the nature of the intended activity. Each of these certificates has specific requirements and applies to different situations.

Safe Activity Certificate

This certificate is required for businesses that do not pose a significant risk to public health, the environment or human safety.

Activities that are considered harmless

Activities that do not generate noise, odours or hazardous waste are considered harmless. Common examples include:

• Clothing shops.
• Non-perishable goods shops.
• Administrative offices.

Procedure for obtaining

The process for obtaining a safe activity certificate is relatively straightforward. It requires the employer to hire a competent technician to assess the installations and prepare the necessary documentation for processing at the local council.

Certificate of qualifying activity

This certificate applies to businesses that could cause a nuisance or risk to public health, which requires a more thorough assessment.

Nuisance activities and their impact

Nuisance activities include bars, nightclubs, and workshops that generate noise or waste that may affect the community. These activities often require greater regulatory control.

Additional regulatory requirements

In order to obtain this certificate, it is essential to comply with specific standards related to safety, hygiene and emission control. Additional reporting or corrective actions may be required to ensure compliance.

Certificate of town planning compatibility

This certificate ensures that the premises are located in a suitable area for the type of activity to be carried out.

Planning compatibility requirements

Land use must be compatible with the intended activity. This includes commercial, industrial or service areas, depending on local regulations.

Documentation required to obtain

In order to obtain this certificate, a number of documents are required to be submitted, including:

• Plans of the premises.
• Justifications for land use suitability.
• Technical reports if necessary.

Process for obtaining technical certificates

Obtaining technical opening certificates involves a series of rigorous steps to ensure that the premises comply with all relevant regulations. This process requires the intervention of a competent technician and the correct submission of the necessary documentation.

Recruitment of the competent technician

Choosing a qualified technician is the first essential step in obtaining the technical certificate. This professional will be in charge of the whole process of assessment, drafting of the certificate and submission to the competent authorities.

Importance of a qualified technician

A professional with experience in the field of industrial and urban planning regulations is essential to ensure that all current regulations are complied with. This not only ensures the legality of the business, but also minimises the risk of future sanctions.

Signature of the technician and endorsement by the professional association

Once the certificate has been drawn up, it must be signed by the competent technician and endorsed by the corresponding professional association. This endorsement provides an additional guarantee of the suitability of the work carried out.

Inspection and assessment of the premises

The inspection of the premises is a crucial step in the process. Here, the technician will evaluate different aspects to determine whether they comply with the appropriate regulations.

Key aspects of inspection

• Structural conditions of the premises.
• Electrical and hydraulic installations.
• Accessibility and safety conditions.
• Applicable environmental regulations.

Recommended improvements following the evaluation

The technician may suggest modifications or improvements to bring the premises into compliance with safety and regulatory requirements. These recommendations should be addressed before proceeding with the process.

Preparation and submission of the technical certificate

Once the inspection report has been completed and all improvements have been implemented, the formal technical certificate is drawn up.

Necessary documentation

The following documentation is required for the preparation of the certificate:

• Plans of the premises.
• Proof of payment of fees.
• Documentation proving the improvements made.

Procedure for submission to the municipality

Finally, the technical certificate together with the relevant documentation must be submitted to the relevant Town Hall. It is essential to follow all the established steps to avoid delays in approval.

Costs and financing of certificates

The process of obtaining technical certificates entails certain costs that must be considered when planning the opening of a business premises. These costs can vary depending on many factors, from municipal fees to technicians' fees. The main cost aspects and financing options available are detailed below.

Municipal taxes and fees

Municipal fees are a significant component of the costs associated with obtaining technical certificates. These fees, set by municipalities, can vary considerably depending on the locality and the type of activity to be carried out.

Factors influencing rates

• Location of premises: The commercial relevance of the area may increase fees.
• Size of premises: Larger premises usually entail higher costs.
• Type of activity: Activities considered as nuisance or hazardous have high fees.

Variability of fees

The fees of the competent technician can also be highly variable. This cost is determined by the complexity of the project and the experience of the professional contracted. In general:

• For innocuous activities, fees can range from a few hundred euros.
• Qualified activities requiring more complex projects can reach significantly higher figures, exceeding 1,000 euros.

Grants and subsidies available

In some communities, there are grants and subsidies that can ease the financial burden associated with technical certificates. Such funding can be crucial for entrepreneurs seeking to minimise their start-up costs.

Local and regional subsidies

• Municipalities and regional governments often offer aid programmes designed to encourage entrepreneurship.
• These grants may partially cover the costs of obtaining licences and certificates.

How to apply

Generally, to access these grants, applicants must submit a number of specific documents. This may include:

• Records of commercial activity.
• Documentation certifying the investment made.
• Application forms, which vary according to the entity.

Legal and administrative implications

Obtaining technical opening certificates is crucial not only for business development, but also to avoid legal and administrative complications. Operating without the proper permits can have significant consequences.

Consequences of not obtaining the certificate

Failure to have the relevant technical certificate can have serious repercussions for employers. Among the most relevant are:

• Fines and financial penalties Authorities can impose severe fines on businesses that operate without the appropriate certificates. The amount of these penalties may vary according to the seriousness of the infringement and the regulations in force in each municipality.
• Temporary or permanent closure of the businessAdministrations can order the immediate cessation of business activity until the situation is regularised. This can result in considerable financial losses and negatively affect the reputation of the business.

Relationship with the community of neighbours

Compliance with regulations and obtaining certificates also influences the relationship with the local community. Lack of regulation can lead to tensions and conflicts.

• Neighbourhood conflict resolutionBusinesses operating without the appropriate permits can lead to conflict situations with neighbours, especially if their activity generates nuisance. Mediation and enforcement are essential to maintain a harmonious coexistence.
• Impact of the activity on the communityCommercial activities must be sustainable and respectful of the environment. A business that does not respect regulations can negatively affect the quality of life of neighbours, generating rejection and tension in the community.

Sources

: Spanish constitution. https://www.boe.es/buscar/act.php?id=BOE-A-1978-31229
: State Housing Plan 2021-2025. https://www.mitma.gob.es/el-ministerio/biblioteca-virtual/vivienda/plan-vivienda
: Basic Statute of Public Employees. https://www.boe.es/buscar/act.php?id=BOE-A-2007-7788
: Royal Legislative Decree 7/2015. https://www.boe.es/buscar/act.php?id=BOE-A-2015-11719