One of the main hurdles for any self-employed person or business wishing to set up or expand their business premises in Spain is the excessive length of time taken to be granted a business license. The business license for a commercial property is an administrative permission granted at local level (local council) which allows trading to commence.
Everything now stems from the publication of Act 17/2009, of the 23rd November, regarding free access to service activities and the practice of this Act which has been partially incorporated into Spanish Law, Directive 2006/123/CE, dated 17th December, 2009.
The so-called “Omnibus Act” will radically change the service sector, adapting it to European standards. However, it is inevitable that there will be problems in Spain in implementing a system whose jurisdiction is the responsibility of the autonomous regions and the city councils. From now onwards, all that will be necessary will be prior notice or a sworn statement from the interested party issued at the start of commercial or industrial activity. This Act is specific to comercial and industrial activity and excludes, for example, professional services and catering. Furthermore, the list of exclusions includes non-economic services of public interest, such as defined in each country, for example services related to taxes, audio-visuals, notaries, security, charities, temporary employment agencies, health and gambling.
Similarly, its scope is also limited concerning the so-called economic services of public interest: postal services, electricity and gas supply, distribution and supply of water, and refuse management.
From now on, the replacing of authorisations with prior notices or sworn statements is how we shall proceed. A sworn statement will be a document signed by the interested party, in which he states, under his full liability (stating expressly, in a clear and precise manner in the sworn statement) that he meets all the necessary requirements as per the current law, to be granted the recognition of a right, an entitlement or the exercise thereof, that he posesses the relevant authorisation documentation and that he affirms to maintain his commitment for the period of time implied by said recognition or entitlement.
Article 5 of the “Omnibus Act” is ilustrative of and sums up the forementioned:
“Under no circumstances will access to a service activity or the exercise of said activity be dependant on an authorisation system, when notice or a sworn statement from the provider in which he/she demonstrates the necessary requirements and provides the necessary information to the relevant authority will be considered sufficient”.
By Jesus and Maria L. de Castro
www.costaluzlawyers.es
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Conil de la Frontera ( Cadiz) beach by Shehani at Flickr.com
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