Can your home cause cancer?

Yes, it is possible that the title of the post is a bit clickbait, but today I want to talk to you about a very important topic that you may never have hated to talk about: radon gas.

WHAT IS RADON?

Radon is a colorless, odorless, and tasteless radioactive gas. It is produced by the natural radioactive decay of uranium that is present in soils and rocks (although it can also be contained in water). This gas very easily emanates from the ground and passes into the air, where it disintegrates and emits other radioactive particles. Particles that when inhaled can cause serious damage to health.

Radon is one of the main causes of lung cancer. Current estimates of the proportions of lung cancer attributable to this gas range from 3% to 14%.

Its danger lies in three main aspects: it is radioactive (when it enters the lungs it produces a radioactive decay that damages DNA, causing cancer), it is highly mobile and imperceptible (it is invisible, colorless, odorless and tasteless, so we cannot know if it is around us unless we have the appropriate measuring equipment).

And surely you are wondering what does this have to do with houses?

We'll tell you then.

RADON IN BUILDINGS

The greatest source of radon exposure for most people is mostly in the home (where many hours a day are spent) and indoor workplaces.

Radon seeps into homes and buildings through cracks, in the joints of different construction elements, spaces around pipes or cables or even in the pores of construction material. The level of radon exposure is usually higher in basements (from approximately 1 meter deep) and living spaces that are in contact with the ground, although significant concentrations can also be found above the ground floor.

Depending on the geological composition of the land in which your home is located, the ventilation of the building and the existence of access roads in the buildings through the construction elements, we can find Radon concentrations that vary from 10Bq / m3 to 10,000 Bq / m3.

HOW CAN I FIND OUT HOW MUCH RADON IS IN MY HOME?

The only way to know the degree of radon concentration in your home is through a measurement with the appropriate specialized equipment. This measurement can be carried out yourself by acquiring one of the meters available on the market (activated carbon filters to measure Radon gas, trace methodology, electronic Radon gas meters ...) or carried out through a specialized company, which will analyze the results and depending on the risks that it finds, it will design a series of measures to reduce the concentration of Radon in the home.

If you are interested in measuring Radon gas in your home, you should bear in mind that these measurements are not carried out in a timely manner (the concentration of the gas will vary constantly over time, so to obtain an accurate result it will be necessary to perform measurements for several days) and that, in addition, must be carried out in different specific rooms, since, just as they can vary over time, the Radon concentration can also vary from one plant to another or, even on the same floor, from one room to another.

IS THIS PROBLEM BEING FIXED IN THE NEW BUILDINGS?

There are measures to address this problem in the construction of new buildings, although it is extremely recent.

Although it has been many years since the European Union has been warning of the risks of Radon gas and a series of recommendations have been established, it was not until the promulgation of the European Directive 2013/59 / EURATOM that things became more serious, since it is mandatory for all member countries. This Directive established the maximum deadline of February 2018 to establish the following measures:

• Establish basic safety standards for protection against radon.

• Establish the threshold of maximum Radon concentration in homes of 300Bq / m3

• Measure and control radon in homes, schools, public buildings, workplaces ...

• Obligation to inform citizens regarding exposure to radon and its associated risks.

• Carry out anti-Radon measures.

As you may be thinking, more than 3 and a half years after the end of that period, we have not yet been able to establish all the measures that were required from the European Union.

However, the Technical Building Code has been adapted to the Directive, and has incorporated in its latest revision of the CTE a new section in the DB-HS Document, called Protection against radon gas (If you do not know what that of the CTE we recommend that you read ouranother post: What is the Technical Code)

This document establishes a series of means available to buildings to limit the foreseeable risk of exposure to Radon, classifying municipalities according to their potential risk, and establishing maximum levels of exposure to Radon.

HOW CAN I ISOLATE MY HOME FROM RADON EXPOSURE?

As we have told you, the main cause of Radon inside buildings is the lack of tightness of the enclosures, since gas can enter through cracks, joints, porosity of materials ...

Therefore, from a construction point of view, it will be necessary to design barriers in the building envelope to prevent the entry of air with radon from the ground. Some possible solutions, depending on the case, may be: establish protection barriers (anti-radon sheets) between the land and the living quarters, locate ventilated air chambers between the land and the home, depressurization of the land, mechanical ventilation of the rooms, avoid some specific materials, and so on.

If you are interested in undertaking work on your home to isolate it from exposure to Radon, we recommend that you contact an architect, since depending on how it has been built, these measures can be very different for each case.

Hello I am Javier Muñoz Fuentes, Architect registered 1856 COA Málaga. Let me know how may I be of assistance…You will find me calling at + 34 654 00 11 69

Hello I am Crisanto Barcia Garcia, Architect registered 1501 COA Málaga. If you have any further question about this post, do not hesitate to call me at +34 678 478 993

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Differences Between a Project Manager, Construction Manager and Site Manager

If you are not an architect, or a technical architect, nor are you minimally related to the world of construction, surely when they tell you that you have to hire a project manager, an execution director and a site manager for the execution of the work, you think who are kidding you: aren't all three the same thing?

DEFINITIONS

First of all, for you to understand the explanation, we are going to define each of the three figures:

• Project manager: Usually an Architect.

He is the agent who, as his name indicates, directs the development of the work in technical, aesthetic, urban and environmental aspects, in accordance with the draft, the license granted and other authorizations that have been given.

• Director of execution of the work: Usually a Technical Architect (or surveyor, it is the same).

He assumes the function of directing the material execution of the work and of qualitatively and quantitatively controlling the construction and the quality of the built. Its specific functions are:

- Verify the reception of the materials on site, checking that they meet the minimum qualities that had been agreed and ordering trials or tests to check their quality (if necessary).

- Check the correct execution and arrangement of the construction elements and the facilities, according to the project and the instructions of the project manager.

• Site manager: Does not have a specific qualification.

He is directly responsible for the execution of the project within the construction company, as well as its technical and economic management.

Surely, with these definitions the difference has not been clear to you at all, but it has made you even more involved; so let's try to explain it in other words.

FACULTATIVE MANAGEMENT - CONSTRUCTORA

First of all, you should know that both the construction manager and the execution director are part of the facultative management, while the construction manager is part of the construction company.

The project manager will be in charge of checking that all the small changes or modifications that have to be carried out in the work are made in such a way that they do not modify the final result, and that the finished house is as it was proposed in the draft. In the event that any modification is necessary (due to a problem derived from the work), the project manager will be the one to dictate how it should be carried out, ensuring at all times the interests of the promoter.

The work of the director of works execution is a more meticulous task, and he takes care of the details, checking that all the construction elements are correctly executed. For example, they will be the one who checks that the flooring that has arrived at the work is of as good a quality as indicated in the project, that the steel inside the structure is correctly placed and has the diameter and coatings adequate, that the ducts of the facilities are properly insulated so that unnecessary noise and vibrations do not occur, that the insulation inside the façade is thick enough...

Finally, the tasks of the project manager are very diverse: he is in charge of planning the organization of the work, planning each of the tasks and jobs to be performed (who is going to perform them, when and how), proposing the construction techniques and procedures that are more suitable for the result to be achieved, control costs and construction times, process orders from suppliers, and so on.

A final summary…

Broadly speaking, we can establish the following differences:

The construction manager is a kind of supreme director who directs the rest of the agents and is in charge of verifying that the work is being carried out as it had been drawn in the project. If a problem arises or any aspect of the project needs to be modified, he will be in charge of making the decisions, and will issue instructions to both the execution director and the project manager.

The director of execution will be in charge of verifying that the work is being executed correctly according to the criteria established in the project (that the structure has the necessary reinforcements and coatings, that the facades have sufficient thermal insulation, that the joints between elements are well executed…) In the event that there is something that is not well executed, it will issue instructions to the project manager.

Finally, the project manager organizes the work of the rest of the workers who are part of the construction company (officers, electricians, carpenters, plumbers ...) so that they carry out the work in accordance with the project and the instructions of the project manager and the project manager. execution.

Hello I am Javier Muñoz Fuentes, Architect registered 1856 COA Málaga. Let me know how may I be of assistance…You will find me calling at + 34 654 00 11 69

Hello I am Crisanto Barcia Garcia, Architect registered 1501 COA Málaga. If you have any further question about this post, do not hesitate to call me at +34 678 478 993

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Licenses for construction in Sotogrande (San Roque)

If you have ever built your own home, carried out reforms in the home you already have or modified some element of your plot, you have probably already heard about building licenses. But how much do you know about them? Do you know how many types of license there are, what is the procedure and the necessary documentation?

The information regarding construction licenses is usually somewhat confusing, mainly because, although state and regional legislation establishes common bases that all municipalities must comply with, in the end it is the City Councils that, through ordinances, establish the conditions and types of license that there are in a specific municipality.

In this post we are going to explain all the basic aspects you need to know about the different types of work licenses that exist, specifying for the specific case of Sotogrande (San Roque)

TYPES OF AUTHORIZATIONS - BUILDING LICENSE AND RESPONSIBLE DECLARATION

In the case of Sotogrande, there are mainly three types of authorization that, from least to greatest “importance” are:

• Actions submitted to the responsible declaration procedure.

• Minor work licenses.

• Major work licenses.

However, before explaining which are the actions that are included in each of these types, as well as the procedure and documentation, it is necessary that you understand the difference between license and responsible declaration:

Building license

The building license is a permit required by the local administration (Town Halls) to carry out any type of construction, installation ... on any type of land, whether urban, developable or undeveloped. Its objective is to verify that the action we intend to carry out complies with urban regulations (in terms of land use, number of floors, buildable area ...)

Responsible declaration

The responsible declaration is a “document signed by the applicant, which normally accompanies the main instance at the beginning of a file for the exercise of an activity, in which it declares, under its responsibility, that it meets all the requirements demanded by normative".

Unlike the license, with the responsible declaration we do not need any type of response from the Administration, but, from the moment of its presentation, we can start the activity that we have requested.

However, although we do not need a response, the actions communicated through this procedure may not be carried out before ten business days have elapsed (from the day following the date of their disclosure to the administration).

ACTIONS SUBJECT TO A RESPONSIBLE DECLARATION

The following may be processed through the responsible declaration procedure: works of little technical entity that do not require a technical project and that are in any of the following cases:

Conservation and maintenance works

Provided that they do not increase the volume of the building or modify structural elements. Some examples of this type of work can be:

• Painting and finishes of façade or dividing walls.

• Repair or replacement of exterior carpentry (without modifying the size of the holes) or the placement of bars and awnings on facades.

• Cleaning works and interior painting of buildings or patios.

Reforms in existing buildings

Provided that it does not affect the structure or the façade, or modify the conditions of habitability, accessibility and security. Some examples are:

• Reform, repair or modification of coatings.

• Change or replacement of interior carpentry or sanitary equipment.

• Works that involve small specific changes in the interior layout.

Other actions

Such as cleaning and clearing of sites, drilling and prospecting actions; landscaping, paving on private land...

However, actions that meet any of the following conditions may not be processed by means of a responsible declaration (although the work can be identified with any of the above), and actions that meet any of the following conditions must request the corresponding license:

• That it is in any of the cases of actions in which a technical report is required (explained in the following section):

• That requires a technical project (for example, when it affects protected elements).

• Your budget is greater than fifty thousand euros.

• That the authorization of other administrations is necessary (for example, when the action requires the environmental qualification process)

• That it is a work of special complexity (that requires a more detailed analysis)

• That the action is intended to be implemented on undeveloped land.

MINOR WORK PERMIT

Actions subject to a minor work license

Minor works are considered those whose purpose is to carry out reforms, conservation or demolitions that do not affect the structure, facades or roofs of the building and that do not require scaffolding, being processed by the abbreviated procedure.

If the action you intend to carry out cannot be carried out by means of the responsible declaration (because it is not in any of the anticipated cases, because it has a budget greater than the maximum allowed for this procedure ...) but it meets the definition of minor work, you can apply for this type of license.

Within this definition, some specific actions that are subject to a minor work license are specified, such as:

• Actions in commercial premises: adaptation, reform, expansion, placement of bars or awnings, enclosures, change of horizontal or vertical cladding ...

• Enclosure of pergolas or glazing of terraces.

• Fencing of plots.

• Placement of smoke outlet pipes, replacement of fascia on terraces, revision of gutters and downspouts ...

• Other actions on public roads (such as placement of advertisements).

Documentation to present

Along with the application form for minor works, the following documentation must be submitted to the City Council:

• Document justifying the deposit of the fee and the ICIO.

• Location map (e: 1/20000)

• Detailed budget of the works.

• Photographs of the area where it is intervened.

• Bounded sketch of the current and renovated state.

MAJOR WORK PERMIT

Major works are all those that cannot be considered minor works or are subject to the responsible declaration procedure; that is to say: the actions of a new plant and the carrying out of reforms, conservation or demolitions that do affect the structure, facades or roofs of the building or that require scaffolding.

In this case, the procedure is more complex, since it will require the preparation of a basic project (which will be presented at the City Council at the time of requesting the license, and will be the one that will serve as the basis for the granting or not of the license) and later (prior to the start of the works) an execution project will have to be presented. If you do not have clear differences between these two projects, we recommend that you read our post: Differences between a Basic Project and an Architecture Execution Project.

Hello I am Javier Muñoz Fuentes, Architect registered 1856 COA Málaga. Let me know how may I be of assistance…You will find me calling at + 34 654 00 11 69

Hello I am Crisanto Barcia Garcia, Architect registered 1501 COA Málaga. If you have any further question about this post, do not hesitate to call me at +34 678 478 993

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Licenses for construction in Marbella

If you have ever built your own home, carried out reforms in the home you already have or modified some element of your plot, you have probably already heard about building licenses. But how much do you know about them? Do you know how many types of license there are, what is the procedure and the necessary documentation?

The information regarding construction licenses is usually somewhat confusing, mainly because, although state and regional legislation establishes common bases that all municipalities must comply with, in the end it is the City Councils that, through ordinances, establish the conditions and types of license that there are in a specific municipality.

In this post we are going to explain all the basic aspects you need to know about the different types of construction licenses that exist, specifying for the specific case of Marbella.

 

WHAT IS A BUILDING LICENSE?

The building license is a permit required by the local administration (Town Halls) to carry out any type of construction, installation ... on any type of land, whether urban, developable or undeveloped.

Building licenses have traditionally been the only way in which Public Administrations intervene in the use of the land and the construction of the land. The objective of these is to verify that the action you intend to carry out complies with the urban regulations (in terms of land use, number of floors, buildability and occupation, minimum habitability conditions, etc.) according to what the municipal ordinances provide.

WHAT TYPES OF LICENSES ARE THERE? WHAT IS THE PROCEDURE?

There are two types of license: major work licenses and minor work licenses.

Major work permit

We could say that it is the "typical" license, since in general it is the one that is usually required more frequently, such as in new plant works, reforms that affect structural elements or that alter the volume, use of the facilities, number of homes or any other urban parameter, as well as those that affect the exterior composition or the habitability or security conditions...

Regarding the documentation that is required to obtain this type of licenses, it is the following:

• Copy of settlement of the urban license fee.

• Letter of payment of guarantee of the cost of the management of construction and demolition waste that is expected to be produced (which will be returned at the end of the work, after presentation of the final works certificate).

• Copy of the official plan certifying that the alignment and ground level markings have been made.

• Urban planning certificate, if it were implemented.

• Basic project or execution project, which must be accompanied by:

… In the case of a basic project: justification of connection to the networks of the different urban services, connections, justification of adaptation of the sidewalk, separata of justification of compliance with the fire protection conditions.

… In the case of an execution project: Endorsed documents from the optional management of the competent technicians involved in the work (Construction Director, Works execution director and health and safety coordinator).

• Documentation of other sectoral administrations: There are certain actions that affect other administrations in addition to urban planning (such as the case of homes that are in the vicinity of a BIC building, homes with some type of protection, actions that require approval by the environmental administration ...) in these cases, the documentation to be presented at the town hall must be accompanied by the documentation required by these other administrations (culture, environment ...) depending on the specific case in which we find ourselves.

Minor work permit

will have the consideration of minor works, those carried out on public roads related to the adjoining building, small repair, modification or tidying up of buildings and works on lots or patios. The documentation is different from the one that must be presented in the case of major work licenses, not requiring in this case a technical project as such. This documentation would be:

• Copy of settlement of the urban license fee.

• Location map of the plot in planning.

• Description of the works to be carried out and their budget.

• Plans, sketches or photographs that are necessary for the definition of the works. 

Are there works not subject to license?

Yes. A new figure has recently been incorporated that replaces licenses (for both major work and minor work) with the aim of simplifying and streamlining administrative processing. This new figure, called a responsible declaration, may only be used in the cases indicated by the ordinances.

WHAT IS A RESPONSIBLE DECLARATION?

The responsible declaration is a “document signed by the applicant, which normally accompanies the main instance at the beginning of a file for the exercise of an activity, in which it declares, under its responsibility, that it meets all the requirements demanded by normative". That is, by means of this figure we declare that we comply with all the requirements, that we have all the documentation that accredits it and that we will maintain this compliance for as long as it is necessary.

Unlike the license, with the responsible declaration we do not need any type of response from the Administration, but, from the moment of its presentation, we can start the activity that we have requested. However, this does not mean that we are exempt from the administration controlling that what we have declared is indeed true, but that at any time a technician may inspect the work and stop it in the event of any non-compliance (with the corresponding sanction in your case).

What is the procedure?

The works may not start before fifteen business days have elapsed from the day after the following documentation has been submitted:

• Copy of settlement of the urban license fee.

• Photocopy of the Plan of Qualification of the PGOU, street plan, aerial photograph or other analogous.

• Description of the works that compose it, indicating quality of materials, quantity and budget.

• Plans, sketches or photographs necessary for the definition of the works.

ACTIONS SUBJECT A RESPONSIBLE DECLARATION

The following works are subject to a responsible declaration (not being necessary a major or minor work license):

• Works of little constructive entity and technical simplicity that do not require a project.

• New construction as long as the following requirements are met: that it is not residential or public and that it is developed on a single floor.

• Interventions on existing buildings that meet the following requirements: that they do not involve a total intervention on the building and, being a partial intervention, this does not affect the general exterior composition, volumetry, the structural system or change the use.

In this sense, the Marbella ordinances exclude from the presentation by means of a responsible declaration (the corresponding license must be requested) the following actions (among others):

• Those whose budget is greater than sixty thousand euros.

• Those that modify the interior distribution, except for those partial redistributions that do not alter the use of the dependencies.

• Restoration of buildings in the Historic Center (as well as alterations to facades or roofs).

• Earth movements (except clearing or cleaning).

• Tree felling, transplanting and tree canopy reduction.

• Expansions (including terrace glazing) or demolitions.

Hello I am Javier Muñoz Fuentes, Architect registered 1856 COA Málaga. Let me know how may I be of assistance…You will find me calling at + 34 654 00 11 69

Hello I am Crisanto Barcia Garcia, Architect registered 1501 COA Málaga. If you have any further question about this post, do not hesitate to call me at +34 678 478 993

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Licenses for construction in Malaga

Building licenses have traditionally been the only way in which Public Administrations intervene in the use and construction of land. However, in recent years, the multiple existing urban and sectoral regulations and the delay in meeting the deadlines for issuing licenses have resulted in obtaining a building license being a really complex procedure.

That is why the regulations regarding construction licenses have been modified, in order to simplify these procedures and streamline administrative activity. However, these changes in the regulations, added to the fact that each municipality has its own ordinances, usually generate greater confusion in the population. That is why in this post we are going to explain everything you need to know about building licenses in Malaga

PREVIOUS REGULATIONS - MAJOR WORK AND MINOR WORK

Previously, work licenses have traditionally been classified into two types: major work licenses and minor work licenses. All construction acts were subject to one of these two types of license, and there were no other elements that would speed up the procedures for obtaining them.

The major work licenses were required for new plant works, changes of use in buildings, modifications of the work carried out that altered some of the urban parameters, works that affect the structure of the building ... while the minor works licenses (such as its own name indicates) were required for smaller works, such as simple repairs, replacement of cladding, installation of heating or air conditioning...

CURRENT REGULATIONS - LICENSES, RESPOSIBLE DECLARATION AND ACTS NOT SUBJECT TO LICENSE

Since the entry into force of Directive 2006/123 / EC, of ​​December 12, the European Union has tried to simplify administrative action by introducing new figures other than licenses to reduce waiting times. Currently, in the municipality of Malaga, we can differentiate between three "levels" of authorizations, which we will explain below, and they are:

• Acts subject to license (Type 1, Type 2 or Type 3)

• Acts subject to a responsible declaration or prior communication.

• Acts not subject to a license or other authorization instruments.

ACTS SUBJECT TO LICENSE - TYPES OF LICENSE AND PROCEDURE

What acts require a license?

A license is, by its definition “an express statement that a person makes, especially with legal authority, to allow a certain thing to be done”. In the context that we are dealing with, a license would be the administrative resolution of a procedure in which it (the administration) expressly authorizes us to carry out the activity that we have requested. The following acts will require obtaining a license:

• Urban parcels.

• New plant works, construction, building and installation of facilities

• Expansion, modification, reform and rehabilitation works.

• Works in permanent commercial establishments with a useful surface> 750m²

• Total or partial demolitions of buildings.

• Acts on developable, non-developable land or on properties out of order.

• The change or modification of use, total or partial, of the constructions, buildings and facilities.

What types of license are there?

There are three types of license: type 1, type 2 and type 3 licenses:

• Type 1 licenses: This type of license will be required for works of greater technical or urban complexity.

They require the drafting of a building works project, visa and it will always be necessary to have works management and final works certificate.

• Type 2 licenses: It is the next step to type 1 licenses and they are used for works of less technical or urban complexity but that require for their granting of some sectorial authorization (from other administrations such as: environment, historical heritage ...)

They will require the writing of a descriptive and graphic technical report.

• Type 3 licenses: For works of little technical or urban complexity for which neither the type 1 license project nor the type 2 license memory is required.

HOW DO I KNOW WHAT TYPE OF LICENSE TO ORDER?

The requirement of one or another type of license depends on the type of action, the use of the property, the type of land on which it is located (urban consolidated, unconsolidated, undeveloped ...), whether it has any type of protection ...

There are many variables that intervene, so we recommend that you contact an architect who will be the one who can advise you on the type of license you have to request and who will be in charge of preparing all the documentation and carrying out the necessary procedures.

ACTS SUBJECT TO RESPONSIBLE DECLARATION

What is the responsible statement?

It is a “document signed by the applicant, which normally accompanies the main instance at the beginning of a file for the exercise of an activity, in which it declares, under his responsibility, that he meets all the requirements demanded by the regulations. ”. Unlike the license, with the responsible declaration we do not need any type of response from the Administration, but, from the moment of its presentation, we can start the activity that we have requested.

What acts can be processed by responsible declaration?

• Actions in commercial premises with an area of ​​less than 750m² (provided that the works to be carried out do not require a project).

• Auxiliary installations on public roads.

• Repair and reform works that do not affect the structure, the interior layout and that do not essentially modify the exterior appearance of the property and facilities.

ACTS NOT SUBJECT TO MUNICIPAL URBAN INTERVENTION

There are a series of acts that do not require applying for a license or submitting a responsible declaration, and they are, among others, the following:

Actions in homes: Works inside the home or in the common areas of residential buildings that meet the conditions that they do not affect the subsoil, the structure, the interior layout (that is, that the partitioning) or modify the exterior appearance.

These works may consist, for example, of:

• Repair of cladding, flooring, tiling, false ceilings ...

• Punctual repair of facilities.

• Interior painting

• Replacement or repair of doors, etc.

Urban actions for the execution of planning: Such as: the segregations that are contained in the reparcelling projects, the urbanization works linked to the development planning instruments, the works that are the consequence of a direct execution order of the administration, etc.

Hello I am Javier Muñoz Fuentes, Architect registered 1856 COA Málaga. Let me know how may I be of assistance…You will find me calling at + 34 654 00 11 69

Hello I am Crisanto Barcia Garcia, Architect registered 1501 COA Málaga. If you have any further question about this post, do not hesitate to call me at +34 678 478 993

Works processed through a responsible declaration in Marbella

Although in previous posts we have already explained everything you need to know about the different types of building licenses that exist in Marbella (as well as the procedure to follow and the documentation to present for each of them), this time we are going to go into defining in depth one of these authorization procedures: the responsible declaration in Marbella.

The responsible declaration is a relatively new procedure that brings great benefits to individuals, since it allows the long waiting times that the administration usually takes to grant us a work license to be reduced to practically zero. That is why in this post we want to explain in depth what a responsible statement is, what are all the cases in which the responsible statement can be used and what documentation must be gathered.

Even so, we recommend that at all times you let yourself be guided by an Architect who helps you in the processing process since, in addition to being in charge of preparing the technical project (in case this is necessary), he can advise you throughout the process

WHAT IS THE RESPONSIBLE DECLARATION?

The responsible declaration is a “document signed by the applicant, which normally accompanies the main instance at the beginning of a file for the exercise of an activity, in which it declares, under its responsibility, that it meets all the requirements demanded by normative". Unlike the license, with the responsible declaration we do not need any type of response from the Administration, but, from the moment of its presentation, we can start the activity that we have requested.

ACTIONS SUBJECT TO A RESPONSIBLE DECLARATION

In a generic way, works of little technical entity that do not require a technical project and that refer to conservation and maintenance works, reforms in existing buildings or other actions that meet specific requirements can be processed by the responsible declaration procedure.

In the case of Marbella, the works submitted for a responsible declaration are divided into three types:

• Actions that do not require technical documentation.

• Actions that require the presentation of a descriptive and graphic document (and where an Architect must necessarily participate).

• Actions that require a project visa (which can only be processed by means of a responsible declaration in specific cases).

ACTIONS THAT DO NOT REQUIRE TECHNICAL DOCUMENTATION

• Coatings and finishes (paint) that do not exceed an area of ​​500m² and that do not require means to work at height.

• Indoor installations of buildings (electricity, sanitation water ...) that affect only a home or premises with a surface area of ​​less than 300m²

• Cleaning and clearing of sites that do not involve earth movements.

• Fencing of lots by posts and metal fence.

• Maintenance and conservation works for swimming pools and sports courts.

• Punctual repair of flat roofs, terraces or balconies (provided that no means are needed to work at height).

• Improvement and reinforcement of insulation in walls and floors.

• Placement of new interior carpentry.

ACTIONS THAT REQUIRE A DESCRIPTIVE AND GRAPHIC DOCUMENT

• Adaptation and conditioning of commercial premises (with an area of ​​less than 750m²) as long as it does not have an impact on the heritage, nor is it located in a property in the public domain.

• Coatings and finishes (paint) that if they exceed the surface of 500m² or that require means to work at height.

• Construction of interior stairs and elevators (that do not require a project).

• Changes in the interior layout that do not alter existing uses or exceed 1,000m² of partition walls.

• Demolitions of buildings with a constructed area of ​​up to 500m².

• Small buildings that are not for residential or public use and do not exceed 20m² of constructed area.

• Construction of plot enclosures to private boundaries.

• Installation, reform or replacement of photovoltaic solar panel installations.

ACTIONS THAT REQUIRE THE VISA PROJECT

These works may only be authorized by means of a responsible declaration when they are carried out on consolidated urban land and on buildings that are in accordance with urban planning (that is, irregular homes or in a situation of assimilated to out of planning could not carry out these actions through a responsible declaration) .

• Opening of holes or repair of structural or load-bearing walls.

• Construction of elevators.

• Modification of roofs when the general exterior composition of the building changes.

• Indoor installations of buildings provided that they exceed a surface area of ​​1,000m².

• Changes in the interior distribution that altered existing uses or that the surface is greater than 1,000m².

WHAT DOCUMENTATION MUST BE PRESENTED?

Minimum Mandatory Documentation

At a minimum, regardless of the type of responsible declaration to which my action is subject, it will be necessary to present:

• Documentation that proves the personality of the declarant (DNI, power of attorney ...)

• Proof of having paid the corresponding Fee, as well as the ICIO.

• Guarantee to guarantee the correct management of construction waste.

Technical Documentation

In the case of works submitted to a responsible declaration that require a project visa, it will be necessary to present the following documents (unless some of them are not necessary according to the specific action): Memory, Plans, Budget, Health and safety study (or study basic safety and health), construction and demolition waste management study.

In the event that it is not necessary to present a visa project, it will be sufficient to present a descriptive-graphic memory (with sketches, photographs, plans ... that are necessary depending on the action).

In both cases, you must have an Architect who will be in charge of preparing said documentation and carrying out all the procedures for the declaration of responsibility.

Hello I am Javier Muñoz Fuentes, Architect registered 1856 COA Málaga. Let me know how may I be of assistance…You will find me calling at + 34 654 00 11 69

Hello I am Crisanto Barcia Garcia, Architect registered 1501 COA Málaga. If you have any further question about this post, do not hesitate to call me at +34 678 478 993

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License Changes - How to Keep Nightlife Alive

The current coronavirus crisis that we are experiencing is hitting the nightlife sector especially hard. And it is that since last year the closure of pubs, cocktail bars and discos has been decreed. A closing that, so far, has no deadline. According to the provisions of the closing decree, "establishments exclusively dedicated to the consumption of beverages" in Andalusia are prohibited from opening both day and night.

This measure affects two types of premises that cannot open: nightclubs (also called entertainment establishments) and pubs with a license for special hospitality establishments with music (which cannot open if they only offer drinks).

WHAT TO DO ABOUT THIS SITUATION?

If you are being affected by the situation that we have just described, you should know that there is a temporary solution to this problem: it is possible to obtain authorization to modify the activity (for premises that already have an opening license, and where there is no have subsequently carried out any type of works not in accordance with the provisions of said license) for cases of reform, expansion or reduction of surfaces, distribution of spaces, modification of the activity, machinery or facilities, etc.

WHAT DOES THIS MEAN?

It means that, if you modify the activity, so that your place is not dedicated "exclusively to the consumption of beverages" you will be able to reopen it complying with the schedules and measures established for conventional hospitality establishments.

WHAT ARE THE REQUIREMENTS AND PROCEDURE?

Of course, if your premises do not have a kitchen with the minimum dimensions and requirements in terms of smoke extraction, machinery, fire protection installations ... you will have to limit the activity of your premises to previously prepared food service that does not require cooked.

The procedure will be carried out through the responsible declaration process. A responsible declaration is a document signed by the applicant (accompanied by as many documents as requested) in which it is declared, under the responsibility of the signer, that all the requirements for (in this case) the modification of an activity are met.

As for the documentation to present, this will depend on the municipality in which the premises are located, although in a generic way, it will not be very different from the following list:

• Standard responsible declaration model.

• Photocopy of the CIF or DNI depending on who the owner is.

• Copy of the articles of incorporation in the event that it is a legal entity.

• Location map of the property that is the object of the request.

• Photocopy of the Tax on Economic Activities or high census, as appropriate.

• Document that proves the cadastral reference of the premises or establishment.

• Rest of the documentation required for the opening according to the activity that is modified and proof of having paid the corresponding fees (if applicable).

After the change, the establishment will keep the disco license (or any other license as it may have) but it may open as a cafeteria, provided that some specific rules for this use are met, such as noise pollution and health requirements. We recommend that, if you have any questions about what these rules are, read our post on Opening licenses - Restaurant

In any case, remember that you can contact us without obligation if you want to explain your specific case, we will be happy to assist you!

Hello I am Javier Muñoz Fuentes, Architect registered 1856 COA Málaga. Let me know how may I be of assistance…You will find me calling at + 34 654 00 11 69

Hello I am Crisanto Barcia Garcia, Architect registered 1501 COA Málaga. If you have any further question about this post, do not hesitate to call me at +34 678 478 993

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Opening licenses - Offices

If you are thinking of starting a business by opening your own office or professional office, surely there are many aspects that you should take into account and you do not know where to start. In this post we will try to resolve all the doubts you may have about the legal aspects, so that you fully understand how to process the opening / activity license for your office or professional office.

TYPES OF OFFICES

They are framed within the office activity: all those activities whose function is to provide administrative, technical, financial, information or other services, either to companies or individuals. Also included within this type of activity are offices that offer sales services, such as bank branches, travel agencies, as well as professional domestic offices.

When explaining the procedures to be carried out to obtain the opening license, we will differentiate between all those activities that are carried out in an office proper (generally a commercial premises in which such use is allowed) from the activities that are carried out from home (such as: lawyers, accountants, architects, freelancers ...) which we will call domestic offices.

PROCESS

For both types of offices it is a harmless activity (understood as one that does not modify the health, environmental or security conditions for the population), so the processing of this type of licenses is usually quick, as they are not necessary certain procedures such as environmental qualification.

Obtaining the license will be processed through a responsible declaration, which is nothing more than a document signed by the applicant (accompanied by as many documents as requested) in which it is declared, under the responsibility of the signer, that all the requirements are met. for (in this case) the start of an activity. This responsible declaration must be accompanied by an activity project signed by an architect (it will not be necessary in the case of professional offices).

If you want to know more about the procedure and what documentation you have to present, we recommend that you read our post: Opening licenses: everything you need to know.

REQUIREMENTS

• Licences for Offices

Location of the activity: The first requirement that must be taken into account will be the urban regulations. Municipal planning establishes a series of permitted uses and specific rules depending on the location of the property, so the first step before buying or renting a place to open our office, will be to verify that this use is allowed by urban regulations.

Sanitary provision: The number of toilets that must exist depends on the useful area of ​​the office. At a minimum, in offices of less than two hundred square meters, there must be at least one toilet for men and one for women.

For offices with more than fifty workers, there must be at least one toilet adapted for people with reduced mobility, which must be for mixed use.

Accessibility regulations:

The most relevant aspects of these regulations that must be taken into account are:

1. There must be at least one accessible access to the premises.

2. The floor of both the access ramp and the entire premises must be non-slip.

3. The openings and doors must be more than 80cm wide.

4. The corridors must be at least 1.00m wide, and there must be turning areas (with a free diameter of 1.50m) at certain points such as the lobby, in corridors of more than 10m in length, in front of the elevator ( in your case) and so on.

Fire protection regulations: The requirements regarding fire protection facilities may vary depending on the useful surface of the premises, but, in general we can say that there must be at least one extinguisher located every 15 meters, emergency lighting and exit signs.

•  Licenses for Household Offices

Due to the boom in teleworking in recent times, it is increasingly common to find different types of workers working in an office located in their own home. This type of office is very common in medical consultations, architecture studios, law firms, agencies ... What are the requirements for it?

Incompatible activities:

In the first place, we have to mention that not all the activities that are included within the concept of office (commented at the beginning of the post) can be developed in domestic offices. Commercial activities and offices with sales services must be carried out in an office, adjusting to the requirements mentioned in that section.

Housing requirements:

In the event that the professional activity is carried out by the user from their own home, there are a series of requirements:

• The useful surface that is going to be used as an office, cannot exceed a third of the useful surface of the home, and must constitute a differentiated space of the home.

• The useful area not intended for professional activity, must comply with the program and minimum area of housing, established according to the regulations of the municipality.

• The office area must have natural light and ventilation.

Hello I am Javier Muñoz Fuentes, Architect registered 1856 COA Málaga. Let me know how may I be of assistance…You will find me calling at + 34 654 00 11 69

Hello I am Crisanto Barcia Garcia, Architect registered 1501 COA Málaga. If you have any further question about this post, do not hesitate to call me at +34 678 478 993

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Opening licenses - Cocktail bar / Nightclub

If you are thinking of opening a nightclub or a cocktail bar, there are surely many aspects that you should take into account and you do not know where to start: create a name and a logo, find a place in a suitable area for your clients, find out about suppliers, hiring staff, establishing a marketing plan and, finally, the legal aspects.

In this post we are going to try to solve all the doubts you may have about how to process the opening / activity license for your nightclub or cocktail bar. However, if after reading it, you have any questions about it, we recommend that you read our post: Opening licenses: everything you need to know

WHAT ARE THE REQUIREMENTS?

The first requirement that must be taken into account will be the urban regulations. Municipal planning establishes a series of permitted uses and specific rules depending on the location of the property, so the first step before buying or renting a place to open our cocktail bar or disco, will be to verify that this use is allowed by urban regulations.

In addition to this, there are a series of requirements that we are going to group as follows:

• Minimun Stays

In general, you must have an area for the public (which will be larger or smaller depending on the total area of ​​the premises), a storage area and at least one accessible toilet (depending on the area of ​​the premises it will be possible to have a single unisex toilet or toilets separated by gender).

• Accessibility Regulations

The most relevant aspects of this regulation that must be taken into account are:

1. There must be at least one accessible access to the premises. In the event that there is unevenness between the exterior pavement and the premises, it must be saved by means of a ramp or other technical aids (such as lifting platforms).

2. The floor of both the access ramp and the entire premises must be non-slip.

3. The openings and doors must be more than 80cm wide.

4. The corridors must be at least 1.00m wide, and there must be turning areas (with a free diameter of 1.50m) at certain points such as the lobby, in corridors of more than 10m in length, in front of the elevator ( in your case) and so on.

• Acoustic Isolation

Having construction elements with sufficient acoustic protection is a fundamental element, given the concurrence of this type of premises and the noise they usually generate.

Depending on the noise pollution and the area in which the premises are located, the maximum permitted decibels must be respected and, in addition, the existence of a watertight vestibule at the access to the premises that has a double door may be required to minimize the transmission of noise to the outside.

• Fire Protection

The requirements regarding fire protection facilities may vary depending on the useful area of ​​the premises, but in general we can say that there must be at least one extinguisher located every 15 meters, emergency lighting and exit signs.

In this type of use, in addition, it will be especially important regarding the emergency exits and is that depending on the capacity you have planned for your premises, it must have doors up to 7 meters wide (in some cases), and the number of adequate exits depending on the route and capacity.

• Ventilation

As for ventilation, this may be natural (through openings in doors, windows or grilles in facades and patios) or forced (through motors and ventilation ducts with impulsion and extraction intakes). In any case, you must ensure that there are around 6 air changes per hour.

You must bear in mind that if your premises can be ventilated naturally (mainly through windows) it will be more difficult to obtain the appropriate level of acoustic insulation since the sound from the amplifiers inside the premises will also pass through these windows.

• Others

Remember that there are different regulations at the state level that you will also have to obtain, such as the license that allows the sale of alcohol or tobacco.

In addition to this, in relation to music, you must remember that, if you use protected works in your premises, you need the authorization of copyright. Since it is practically impossible to get the copyright of each and every one of the songs that you want to put in the disco, the SGAE has a repertoire that contains most of the songs that can be played in a disco. Therefore, you must obtain the license that allows you to use the musical repertoire through any medium.

WHAT IS THE PROCEDURE?

In the event that the premises meet all the requirements and it is not necessary to carry out renovation works, the procedure to be followed consists of preparing an activity project (which must be signed by an architect) describing the activity to be carried out on the premises, the facilities and machinery to be used, justifying compliance with all applicable regulations and providing plans for all of this.

In addition to this, you should know that the use of Nightclubs and Party Rooms is subject to the environmental qualification procedure according to Law 7/2007, of July 9, on Integrated Environmental Quality Management. In order to obtain this environmental qualification, a technical project must be carried out in which the activity, machinery and equipment to be used, materials used, environmental risks must be carried out, and it must be justified that the project does not imply an environmental risk or have a polluting nature.

Once this project has been carried out, the form of administrative authorization will be through a declaration responsible for activities (document in which it is declared that all the requirements are met or to start the activity and that it does not need a response from the Administration, therefore that this can be started from the moment of its presentation).

Documentation necessary to present the responsible declaration: (may vary slightly depending on the municipality)

1. Responsible declaration form.

2. Identification of the holder (photocopy of DNI if it is natural persons).

3. Document certifying the availability of the use of the establishment (lease contract, for example).

4. Documentation related to the viability of urban use

5.  Activity project.

If you have any questions about the procedure, it is extensively explained in our post: Opening licenses: everything you need to know and, in any case, you can contact us for any clarification or request for a quote without obligation. We will be happy to help you! .

Hello I am Javier Muñoz Fuentes, Architect registered 1856 COA Málaga. Let me know how may I be of assistance…You will find me calling at + 34 654 00 11 69

Hello I am Crisanto Barcia Garcia, Architect registered 1501 COA Málaga. If you have any further question about this post, do not hesitate to call me at +34 678 478 993

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Opening licenses - Restaurant

If you are thinking of opening a restaurant, surely there are many aspects that you should take into account and you do not know where to start: have a business plan, create a name and a logo, find a place in a suitable area for your customers, find out about suppliers, hiring staff, establishing a marketing plan and, finally, the legal aspects.

In this post we will try to solve all the doubts you may have about how to process the opening / activity license for a restaurant / cafeteria. If, after reading it, you have any questions about it, we recommend that you read our post: Opening licenses: everything you need to know.

WHAT ARE THE REQUIREMENTS?

The first requirement that must be taken into account will be the urban regulations. Municipal planning establishes a series of permitted uses and specific rules depending on the location of the property, so the first step before buying or renting a place to open our restaurant, we must verify that this use is allowed by urban regulations.

In addition to this, there are a series of requirements that we are going to group as follows:

Minumun Stays

• Public area: It must have coherent and adequate dimensions to the activity that you want to give it, with the minimum conditions of lighting, ventilation and comfort.

• Personnel area: The kitchen must have rooftop smoke extraction, so this will be a fundamental element when choosing the place since, although there are some alternatives, they do not always offer the same efficiency nor are they accepted by all municipalities .

We recommend that you consult an architect to verify that the existing smoke outlet in the premises you want to purchase meets all the minimum requirements (be independent of other ducts, go up to the roof and be 1m higher than any of the buildings that are are within fifteen meters, etc.)

• Warehouse: There must be a food storage room differentiated from the storage of other products, such as hygiene or cleaning.

• Garbage room: It must be independent and have adequate ventilation (natural or forced) to prevent odors from spreading to the rest of the premises.

• Sanitary provision: The premises must have separate toilets for staff and customers. There must be at least one full bathroom (as a minimum) and a larger toilet that meets all the specifications to be adapted for people with disabilities, which will be the one used by customers, so it must be accessed through the area intended for customers.

Protection against noise

Having construction elements with sufficient acoustic protection is a fundamental element, given the concurrence of this type of premises and the noise they usually generate. Depending on the specific use that is going to be given, on the existing noise pollution in the area, and if there are going to be sound or audiovisual reproduction or amplification equipment, it must meet some specifications or others, requiring in some cases the existence of a watertight lobby at the access to the premises that has a double door.

Accessibility Regulations

All spaces in the premises (both those that will be used by customers and those that will be used by staff, with some exceptions, such as the facilities rooms) must comply with accessibility regulations. This regulation is composed at the state level by Order VIV / 561/2010, of February 1, and by the Basic Document on security of use and accessibility; at the regional level by Decree 293/2009, of July 7, and in addition to this, it must comply with the specific Ordinances that will depend on the municipality in which the premises are located. The most relevant aspects of this regulation that must be taken into account are:

• There must be at least one accessible access to the premises. In the event that there is unevenness between the exterior pavement and the premises, it must be saved by means of a ramp or other technical aids (such as lifting platforms).

• There must be an elevator in the event that the premises have more than one floor, and there are uses that will be used by customers on the upper floors.

• The floor of both the access ramp and the entire premises must be non-slip.

• The openings and doors must be more than 80cm wide.

• The corridors must be at least 1.00m wide, and there must be turning areas (with a free diameter of 1.50m) at certain points such as the lobby, in corridors of more than 10m in length, in front of the elevator ( in your case) and so on.

Fire Protection

The requirements regarding fire protection facilities tend to acquire greater relevance in restaurants than in any other type of premises, since,In addition to the general requirements (fire extinguisher placed every 15 meters, emergency lighting, exit signposts…), restaurants usually have kitchens that, due to the machinery they house, are considered to be of special risk.

Depending on the total power of the devices that we plan to install, they will be considered as low risk (between 20kW and 30kW), medium risk (between 30kW and 50kW) or high risk (greater than 50kW) and will have some requirements or others (for example , for powers greater than 50kW it will be necessary to carry out an automatic fire detection installation).

WHAT IS THE PROCEDURE?

In the event that the premises meet all the requirements and it is not necessary to carry out renovation works, the procedure to follow consists of preparing an activity project (which must be signed by an architect) in which the activity is described that will be developed in the premises, the facilities and machinery that will be used, the fulfillment of all the corresponding regulations is justified and plans of all this are provided.

In addition to this, you should know that the use "Restaurants, cafes, pubs and bars" is subject to the environmental qualification procedure according to Law 7/2007, of July 9, so a technical project must be carried out in which describe the activity, machinery and equipment to be used, materials used, environmental risks ... it must be justified that the project does not pose an environmental risk or is polluting.

Once the favorable resolution of the environmental qualification has been obtained, a responsible declaration of activities will be presented (document in which it is declared that all the requirements are met or to start the activity and that it does not need a response from the Administration, therefore that this can be started from the moment of its presentation).

Documentation necessary to present the responsible declaration: (may vary slightly depending on the municipality)

1. Responsible declaration form.

2. Identification of the holder (photocopy of ID in the case of natural persons).

3. Document certifying the availability of the use of the establishment (lease contract, for example).

4. Documentation related to the viability of urban use

5. Activity project.

Finally, health authorization must be obtained through an application submitted to the Territorial Delegation of the Ministry responsible for health. This, after verifying that the establishment meets all the requirements, will proceed to register the premises in the Sanitary Registry of Companies and Food Establishments of Andalusia.

If you have any further questions about the procedure, we remind you that it is extensively explained in our post: Opening licenses: everything you need to know.

HOW MUCH DOES THE OPENING LICENSE COST?

As for the cost, you must take into account two main aspects. On the one hand, the architect's fees: these will depend on the size of the specific project in question, so if you are interested in opening a place with these characteristics, we encourage you to ask us for a quote without any commitment: we will be happy to help you!

On the other hand, you must pay the corresponding fees for responsible declaration, the value of which depends on the municipality. By way of example, in Malaga the rates depend on the surface area, and range between two hundred and seventy-two euros (for surfaces smaller than fifty square meters) and four hundred and fifty euros (for an area of ​​one hundred and fifty square meters).

Hello I am Javier Muñoz Fuentes, Architect registered 1856 COA Málaga. Let me know how may I be of assistance…You will find me calling at + 34 654 00 11 69

Hello I am Crisanto Barcia Garcia, Architect registered 1501 COA Málaga. If you have any further question about this post, do not hesitate to call me at +34 678 478 993

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Activities exempt from opening license

On previous occasions we have talked in depth about what an opening license is, what is the procedure to follow to obtain it, what are the general requirements that the premises must meet and what are the specific requirements depending on the use (restaurant-cafeteria , shops, bakeries ...) However, in this post we want to give you a more generic vision so that you understand which are all those activities that are subject to the opening license process and which are those that are exempt.

DIFFERENCES BETWEEN LICENSE-RESPONSIBLE DECLARATION AND PRIOR COMMUNICATIO

Although currently it is still talking in a generic way of "opening license" for the procedures that must be carried out with the administration prior to starting an activity, you should know that, in reality, for several years there have been very few activities that They need this opening license, since the procedure has been greatly simplified in order to promote retail business in such a way as to reduce the existing administrative obstacles that affect the start of this activity. To understand it, it is necessary to clarify the difference between three concepts: license, responsible declaration and prior communication.

License

A license is, according to its definition “an express declaration that a person makes, especially with legal authority, to allow a certain thing to be done”. In the context that we are dealing with, a license would be the administrative resolution of a procedure in which it (the administration) expressly authorizes us to carry out that activity that we have requested (and that we must have accompanied by a project or other series of documents).

Responsible declaration

It is a “document signed by the applicant, which normally accompanies the main instance at the beginning of a file for the exercise of an activity, in which it declares, under its responsibility, that it complies with all the requirements demanded by to sectoral regulations ”. In this procedure there is also an application and it is also accompanied by a project and another series of documents but, unlike the license, with the responsible declaration, we do not need any type of response from the Administration, but from the moment of its presentation, we can start the activity that we have requested.

However, you should know that, at any time, the Administration may carry out an inspection to verify that, indeed, what you have declared is true and that all regulatory provisions are complied with; initiating the sanctioning procedure otherwise.

• Prior communication: It is a document through which the interested parties inform the City Council of a circumstance (change of ownership of a license, of an activity ...) It is similar to the responsible declaration, but it is usually for actions of "minor importance" and less documentation is usually required.

CURRENT LEGISLATION

Since 2012, and according to Law 12/2012, of December 26, on urgent measures to liberalize trade and certain services, there are certain commercial activities and services for which the obtaining of a prior license cannot be required.

So what is required?

• In order to start the activity for the first time, the presentation of a responsible declaration will be required (as long as the useful area of ​​exhibition and sale to the public does not exceed seven hundred and fifty square meters and it is an activity to be carried out in a permanent establishment) .

• For changes of ownership of commercial activities and services, the presentation of a prior communication will be required, for informational purposes only.

• For the conditioning of the premises, a license will not be required as long as these conditioning works do not require a project (this occurs in works of little entity and technical simplicity, such as those in which the architectural configuration of the building is not altered, or change the exterior composition, or the volume, or affect the structural system ...)

In short, what activities DO need a license?

According to what we have just seen, if the activity you intend to carry out is identified with any of the following three cases, then IF THE LICENSE WILL BE REQUIRED, and the procedure cannot be processed by means of a responsible declaration:

1. The activity that I intend to carry out is not permanent but temporary (fairs, congresses, exhibitions ...) whether it is carried out in a fixed establishment (for example: conference center) or a temporary establishment (removable type).

2. The activity that I intend to carry out is permanent, but it is not included in the list of exempt activities (related below).

3. The activity that I intend to carry out is permanent, but the premises have a surface greater than seven hundred and fifty meters squares.

And what activities do NOT need a license, but a responsible declaration?

Finally, we list below the activities for which (if the premises are less than seven hundred and fifty square meters) an opening license is not required, but a responsible declaration. The complete list is in the annex to Law 12/2012, of December 26, so if you have doubts about whether your activity fits into any of the following categories, consult the complete list.

• Textile industry (such as the manufacture of hosiery, felts, tulle, lace ...)

• Leather industry (manufacture of leather and similar articles)

• Footwear and clothing industry and other textile confections

• Paper industry and manufacture of paper articles; graphic arts and publishing.

• Other manufacturing industries (such as jewelry, costume jewelery).

• Retail trade of food products, beverages and tobacco (butchers, greengrocers, fishmongers, casquerías, pastry shops, confectioneries, ice cream parlors ...)

• Retail trade of non-food industrial products carried out in permanent establishments (textile stores, home clothing, lingerie, haberdashery, corsetry, drugstore and cleaning, perfumery and cosmetics, herbalists, furniture stores, hardware stores

• Mixed or integrated trade, retail trade outside a permanent commercial establishment (ambulance, flea markets and occasional or newspaper markets), trade under the regime of warehouse exhibitors and through automatic devices; mail order retail trade and miscellaneous product catalog.

• Repairs (of electrical articles for the home, vehicles and other consumer goods).

• Activities related to transport (travel agencies).

• Financial and insurance auxiliaries. Real estate activities.

• Services provided to companies (legal services, technical engineering services, architecture, urban planning, advertising services ...)

• Rental of movable property (cars, bicycles, video films ...)

• Rental of real estate (homes, industrial premises ...)

• Education and research (non-regulated education of training and improvement and other teachings).

• Recreational and cultural services (libraries, archives, museums, botanical gardens ...)

• Personal services (laundries, dry cleaners, cleaning, hairdressing salons, photographic services, funeral services ...)

Finally, if you have identified whether the activity you want to carry out requires a responsible declaration or not, and now you have doubts about what is the procedure to follow or what are the requirements that your premises must meet, we recommend that you read our post: opening licenses: everything you need to know

In any case, do not hesitate to contact us with any questions, we will be happy to help you!

Hello I am Javier Muñoz Fuentes, Architect registered 1856 COA Málaga. Let me know how may I be of assistance…You will find me calling at + 34 654 00 11 69

Hello I am Crisanto Barcia Garcia, Architect registered 1501 COA Málaga. If you have any further question about this post, do not hesitate to call me at +34 678 478 993

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How to change the ownership of an opening license

If you are thinking of opening a business, you have probably thought about the possibility of renting or buying a place that is already in operation or calling the number that appears on the typical sign ‘‘ SE TRANSFIERE’’. As we will see in this post, the advantages are numerous, both in the investment to be made and in the administrative procedures since it will be enough to change the ownership of the opening license instead of requesting a new one. Let's see the requirements and procedure to follow for this.

FREQUENTLY QUESTIONS

How to change the owner while maintaining the activity?

An opening license is always associated with a holder, who is the one who requests it and who is authorized to carry out the activity in it. The change of owner is possible as long as no modifications have been made to the premises with respect to the license granted (whether they are modifications of surface, equipment, facilities ...) and that the premises have not been closed or without activity for more than six months (in this case it will be necessary to submit a new responsible declaration as it would be done in the event that you had never had an activity license)

Can I keep the license if I change the activity?

On occasions we have had clients who ask us the case that they want to rent a place that was currently intended for use (for example: cocktail bar) and they want to keep that license they already have, but "adapting" or "extending" it to a different use (for example: restaurant).

This is not possible. Each activity license is associated with a specific use, since each use has to meet different requirements (in terms of minimum stays, accessibility, fire protection ...) therefore, in the case of modification of use, it will be necessary to request a new license to verify that the premises we have meets the requirements of the new use.

Can I change the location and transfer the license to the new location?

Another frequent question occurs with the entrepreneur who has a business and decides to move to the next room (for example) because it has better characteristics that interest him. Is it possible to keep the license that he already had? The answer is no. As can be sensed in a similar way to the previous case, the new premises will have different characteristics, so it must be verified that this new premises also meets the requirements for the activity that is being developed.

PROCEDURE AND DOCUMENTATION

The change of ownership of an opening license is a really simple procedure: it will simply be necessary to submit a prior communication to the competent administration for informational purposes only. A prior communication is a document by which the interested parties inform the City Council of a circumstance. Unlike licenses, this procedure does not require a response from the Administration, but is effective from the moment it is submitted.

To present this prior communication, the following documentation will be necessary:

1. Prior communication form (signed by the owner of the activity).

2. Identification of the new owner and document certifying the availability of use of the establishment (deed of sale, lease contract ...)

3. Certificate of persistence. As we have commented, it will be a requirement to authorize the change of ownership that the establishment fully maintain the above conditions (distribution, fire protection facilities, technical-sanitary measures ...) This maintenance of the conditions is accredited by the certificate of persistence, in the one that an architect must first request the documentation that was presented when the license to open the premises was obtained and later inspect it to be able to prove that the same conditions are still being maintained.

HOW MUCH IS IT GOING TO COST ME?

The fees that must be paid for changes of ownership will depend on the existing tax ordinances in the municipality in which the premises are located. As a reference, in Malaga it is established that changes of ownership of activities that have already made a Responsible Declaration or obtained a license will have a reduction of fifty percent with respect to the amount that was paid at the time. This amount depends on the surface, and ranges between two hundred and seventy-two euros (for surfaces smaller than fifty square meters) and four hundred and fifty euros (for an area of ​​one hundred and fifty square meters).

IS IT NECESSARY TO HAVE AN ARCHITECT TO CARRY OUT THE PROCESS?

Yes. The persistence certificate must be signed by an Architect. But it is not only mandatory, but it is highly recommended to contact an Architect even before acquiring the establishment in question.

Why?

Although the advertisement indicated, It is not the first time that we find that undeclared modifications have been made, that the advertisement indicates a maximum capacity that does not coincide with the established as a legal maximum in its day, that the kitchen smoke extraction has not been installed in accordance with the license granted, or there is even a complaint or sanctioning procedure against the premises of which you are not informed.

All these problems are easily avoidable issues if you contact an architect before acquiring the premises, so that he can verify the veracity of all the data and we do not find unpleasant surprises during the procedure.

Remember that having adequate technical advice is not an expense, it is an investment that will allow you to save costs in the future.

Hello I am Javier Muñoz Fuentes, Architect registered 1856 COA Málaga. Let me know how may I be of assistance…You will find me calling at + 34 654 00 11 69

Hello I am Crisanto Barcia Garcia, Architect registered 1501 COA Málaga. If you have any further question about this post, do not hesitate to call me at +34 678 478 993

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Opening licences: Shops and Food

If you are thinking of opening a food store, there are surely many aspects that you should take into account and you do not know where to start: have a business plan, create a name and logo, find a place in a suitable area for your customers , find out about suppliers, hire staff, establish a marketing plan and, finally, the legal aspects.

In this post we will try to solve all the doubts you may have about how to process the opening / activity license for a food store. This procedure is applicable for a multitude of public businesses such as: butchers, fishmongers, greengrocers, bakeries, ice cream parlors... If, after reading it, you have any questions about it, we recommend that you read our post: Opening licenses: everything you need to know

WHAT ARE THE REQUIREMENTS?

The first requirement that must be taken into account will be the urban regulations. Municipal planning establishes a series of permitted uses and specific rules depending on the location of the property, so the first step before buying or renting a place to open our restaurant, we must verify that this use is allowed by urban regulations.

In addition to this, there are a series of requirements that we are going to group as follows:

Minimun Stays

In general, food stores are one of the places that have the fewest requirements in terms of minimum stays. Although it may vary slightly depending on the specific use, in general it will be enough to have an area for the public in which the counter and food displays (where appropriate) will be located, a storage area and a single unisex toilet (except premises larger areas where there will be an occupation of fifty or more people, in which it will be necessary to have at least two toilets differentiated by sex).

Accessibility Regulations

The most relevant aspects of this regulation that must be taken into account are:

• There must be at least one accessible access to the premises. In the event that there is unevenness between the exterior pavement and the premises, it must be saved by means of a ramp or other technical aids (such as lifting platforms).

• The floor of both the access ramp and the entire premises must be non-slip.

• The openings and doors must be more than 80cm wide.

• The corridors must be at least 1.00m wide, and there must be turning areas (with a free diameter of 1.50m) at certain points such as the lobby, in corridors of more than 10m in length, in front of the elevator ( in your case) and so on.

Fire Protection

The requirements regarding fire protection installations may vary depending on the usable area of ​​the premises, but in general we can say that there must be at least one extinguisher located every 15 meters, emergency lighting and exit signs.

Lighting and Ventilation

As for the lighting, this must be sufficient for the development of the work that is carried out there, being it advisable to have at least 300-400 lux. As for ventilation, this may be natural (through openings in doors, windows or grilles in facades and patios) or forced (through motors and ventilation ducts with impulsion and extraction intakes). In any case, you must ensure that there are around 6 air changes per hour.

WHAT IS THE PROCEDURE?

In the event that the premises meet all the requirements and it is not necessary to carry out renovation works, the procedure to follow consists of preparing an activity project (which must be signed by an architect) in which the activity is described that will be developed in the premises, the facilities and machinery that will be used, the fulfillment of all the corresponding regulations is justified and plans of all this are provided.

In addition to this, you should know that certain uses of those intended for commerce and food are subject to the environmental qualification procedure according to Law 7/2007, of July 9.

This is the case, for example, of retail and wholesale fishmongers, retail and wholesale butchers, bakeries or confectionery and pastry shops, stores or sales of fruits or vegetables, preparation of prepared and take-away meals. … Depending on the size of the premises, this procedure must be carried out in an ordinary way or by means of a responsible declaration (more agile). In both cases, a technical project will have to be carried out describing the activity, machinery and equipment to be used, materials used, environmental risks ... and it must be justified that the project does not pose an environmental risk or have a polluting nature.

Once this project is completed, the form of administrative authorization will be through a declaration of responsibility.Table of activities (document in which it is declared that all the requirements are met or to start the activity and that it does not need a response from the Administration, so it can be started from the moment it is presented).

Documentation necessary to present the responsible declaration: (may vary slightly depending on the municipality)

1. Responsible declaration form.

2. Identification of the holder (photocopy of ID in the case of natural persons).

3. Document accrediting the availability of the use of the establishment (lease contract, for example).

4. Documentation related to the viability of urban use.

5. Activity project.

If you have any questions about the procedure, it is extensively explained in our post: Opening licenses: everything you need to know and, in any case, you can contact us for any clarification or request for a budget without obligation. We will be happy to help you!

Hello I am Javier Muñoz Fuentes, Architect registered 1856 COA Málaga. Let me know how may I be of assistance…You will find me calling at + 34 654 00 11 69

Hello I am Crisanto Barcia Garcia, Architect registered 1501 COA Málaga. If you have any further question about this post, do not hesitate to call me at +34 678 478 993

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Opening licenses: Bakery

If you are thinking of opening a bakery, there are surely many aspects that you should take into account and you do not know where to start: have a business plan, create a name and a logo, find a place in a suitable area for your customers, find out about suppliers, hiring staff, establishing a marketing plan and, finally, the legal aspects.

In this post we are going to try to solve all the doubts you may have about how to process the opening / activity license for a bakery. If, after reading it, you have any questions about it, we recommend that you read our post: Opening licenses: everything you need to know.

WHAT KIND OF BAKERY DO YOU WANT TO OPEN?

When it comes to processing the opening license for your bakery, the requirements that must be met will depend on the type of business you have planned. We can say that there are three different types of business:

Bakery with take away products

They are the bakeries where only the product is sold (breads, cakes and the like) but where you are not going to be in charge of making the bread nor are you going to allow products to be consumed within the premises. This is the typical option, where customers walk in, pick products from the counter, and take them away. It has some advantages, since you will be able to carry out this activity in a much smaller place than the one you will need for the other business models.

In this case, you will need an innocuous activity license. This type of license is equivalent to the one processed for a food store so, if this is your case, we recommend that you read our post Opening licenses - Food stores where you will find all the information you need.

Bakery in which they can be consumed within the premises, but where the product is not manufactured

It is probably the option that produces the most income, but it is also the one that requires the largest investment and the one that demands the highest requirements. In this case, you will need a license for hospitality activities, comparable to that of a cafeteria-restaurant. You will find all the information regarding this type of license in our post Opening licenses - Restaurant.

Specialized bakeries

In the event that you decide to manufacture the product within your premises, the requirements will depend on the machinery to be installed and its power, and its consideration as a classified activity or not will depend on this; So in this case we recommend that you contact an architect directly who can advise you on your specific case.

Hello I am Javier Muñoz Fuentes, Architect registered 1856 COA Málaga. Let me know how may I be of assistance…You will find me calling at + 34 654 00 11 69

Hello I am Crisanto Barcia Garcia, Architect registered 1501 COA Málaga. If you have any further question about this post, do not hesitate to call me at +34 678 478 993

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Opening licenses: Hair Salon

If you are thinking of opening a Hair Salon, surely there are many aspects that you have to take into account and you do not know where to start: have a business plan, create a name and a logo, find a place in a suitable area for your clients, inform you about suppliers, hire staff, establish a marketing plan and, finally, the legal aspects.

In this post we are going to try to solve all the doubts you may have about how to process the opening / activity license for a Hair Salon. If, after reading it, you have any questions about it, we recommend that you read our post: Opening licenses: everything you need to know.

WHAT ARE THE REQUIREMENTS?

The first requirement that must be taken into account will be the urban regulations. Municipal planning establishes a series of permitted uses and specific rules depending on the location of the property, so the first step before buying or renting a place to open our Hair Salon, we must verify that this use is allowed by urban regulations. In addition to this, there are a series of requirements that we are going to group as follows:

Sanitary Equipment

The premises must have separate toilets for staff and customers. There must be at least one full bathroom (as a minimum) and a larger toilet that meets all the specifications to be adapted for people with disabilities, which will be the one used by customers, so it must be accessed through the area intended for customers.

Accessibility Regulations

All spaces in the premises (both those that will be used by customers and those that will be used by staff, with some exceptions, such as the facilities rooms) must comply with accessibility regulations. This regulation is composed at the state level by Order VIV / 561/2010, of February 1, and by the Basic Document on security of use and accessibility; at the regional level by Decree 293/2009, of July 7, and in addition to this, it must comply with the specific Ordinances that will depend on the municipality in which the premises are located.

The most relevant aspects of this regulation that must be taken into account are:

• There must be at least one accessible access to the premises. In the event that there is a difference in level between the exterior pavement and the premises, it must be saved by means of a ramp or other types of technical aids (such as lifting platforms).

• There must be an elevator in the event that the premises have more than one floor, and there are uses that will be used by customers on the upper floors.

• The floor of both the access ramp and the entire premises must be non-slip.

• The openings and doors must be more than 80cm wide.

• The corridors must be at least 1.00m wide, and there must be turning areas (with a free diameter of 1.50m) at certain points such as the lobby, in corridors of more than 10m in length, in front of the elevator ( in your case) and so on.

Fire Protection

The requirements regarding fire protection installations may vary depending on the usable area of ​​the premises, but in general we can say that there must be at least one extinguisher located every 15 meters, emergency lighting and exit signs.

Lighting and Ventilacion

As for the lighting, this must be sufficient for the development of the work that is carried out there, being it advisable to have at least 300-400 lux. As for ventilation, this may be natural (through openings in doors, windows or grilles in facades and patios) or forced (through motors and ventilation ducts with impulsion and extraction intakes). In any case, you must ensure that there are around 6 air changes per hour.

In addition to these requirements, there may be other specific ones depending on the municipality in which the premises are located, such as in relation to outdoor signage (which must comply with the Town Hall urban regulations) or in relation to warehouses or other minimal dependencies.

WHAT IS THE PROCEDURE?

In the event that the premises meet all the requirements and it is not necessary to carry out renovation works, the procedure to follow consists of preparing an activity project (which must be signed by an architect) in which the activity is described that is going to be developed on the premises, the facilities and machinery to be used, compliance with all applicable regulations is justified and plans are provided for all of this.

Once this project has been carried out, the form of administrative authorization will be through a declaration responsible for activities (document in which it is declared that all the requirements are met or to start the activity and that it does not need a response from the Administration, therefore that this can be started d from the time of presentation).

Documentation necessary to present the responsible declaration: (may vary slightly depending on the municipality)

1. Responsible declaration form.

2. Identification of the holder (photocopy of ID in the case of natural persons).

3. Document accrediting the availability of the use of the establishment (lease contract, for example).

4. Documentation related to the viability of urban use

5. Activity project.

If you have any questions about the procedure, it is extensively explained in our post: Opening licenses: everything you need to know.

 HOW MUCH DOES THE OPENING LICENSE COST?

As for the cost, you must take into account two main aspects. On the one hand, the architect's fees: these will depend on the size of the specific project in question, so if you are interested in opening a place of these characteristics we encourage you to ask us for a budget without any kind of commitment: we will happy to help you!

On the other hand, you must pay the corresponding fees for responsible declaration, the value of which depends on the municipality. By way of example, in Malaga the rates depend on the surface area, and range between two hundred and seventy-two euros (for surfaces smaller than fifty square meters) and four hundred and fifty euros (for an area of ​​one hundred and fifty square meters).

Hello I am Javier Muñoz Fuentes, Architect registered 1856 COA Málaga. Let me know how may I be of assistance…You will find me calling at + 34 654 00 11 69

Hello I am Crisanto Barcia Garcia, Architect registered 1501 COA Málaga. If you have any further question about this post, do not hesitate to call me at +34 678 478 993

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Opening licenses: Everything you need to know

If you have come this far, it is probably because you are thinking of starting some type of business, but you do not know what are the procedures you have to follow to do so. Whether it is to open a restaurant, a retail store, a hairdressing salon or any other type of activity "open to the public" you have surely heard of the activity license as one of the most important requirements and that the most headaches it brings to future business owners. Do not worry, because in this post we bring you all the keys so that you do not have any doubts about what it is and how it is processed!

The activity license or opening license, is one that allows the City Council to verify that a premises meets all the requirements to open to the public in safety conditions, without generating risks to customers, workers, neighbors or the environment environment.

WHAT ACTIVITIES ARE LICENSED?

As established by law, all activities related to holding public shows and activities are subject to administrative control (either through a license or by means of a responsible declaration, as explained in the section on "What is the procedure?"). recreational activities, as well as public establishments where these activities are held or carried out.

As for the activities, you should know that recreational activity is understood to be those situations of leisure, fun, recreation or consumption of drinks and food. Likewise, public establishments shall be understood to be those premises, venues or facilities of public attendance where shows or recreational activities are held or practiced.

As you can see, the law does not distinguish between types of establishments where these activities are carried out, so we understand that they are already carried out in a place, in a flat, an industrial warehouse, or any other type of property, they must comply with the requirements that are established below to obtain the corresponding permission.

WHAT REQUIREMENTS MUST MY ESTABLISHMENT MEET?

Undoubtedly, this is the most difficult question to answer, since depending on the activity for which a license is required, specific requirements established in the corresponding sectoral legislation must be met. The requirements that a restaurant must meet are not the same as those that a teaching academy must meet, for example; so our recommendation is that you contact an architect who will advise you at all times.

However, in a generic way we can cite a series of requirements common to all uses:

• Urban planning conditions: The municipal urban planning establishes a series of permitted uses and specific rules depending on the location of the property, so the first step before buying or renting an establishment to put it into use, will be to verify that the use that we want to give the establishment is allowed by urban regulations.

• It must be verified that the establishment complies with the technical conditions of safety, hygiene, sanitation, accessibility and noise level that are determined by regulation in the specific rules of each activity.

• Comply with the provisions of the Technical Building Code, fire protection regulations and other basic regulations applicable to public entertainment and environmental protection.

Were you looking for the requirements for a specific type of premises? Check if your activity is in the following list of posts:

Opening licenses - Hair Salon

Opening licences: Bakery

Opening licences: Shops and food

Opening licenses - Restaurant

Opening licenses - Cocktail Bar/ Nightclub

Opening licenses - Offices

WHAT IS THE PROCEDURE?

1. Do I need to reform the premises?

First of all, we have to mention that, in the event that the premises does not meet any of the requirements described in the previous question, it will be necessary to carry out the corresponding reform works, an independent procedure to that described in this post and that will require the presentation of a basic project and an execution project to obtain the building license. If you have questions about some of these concepts, we recommend that you read our posts:

What is a basic architecture project?

What is an architecture execution project?

2. Responsible declaration or activity license?

Since 2012, the procedure to start activities has been simplified and most of them can be processed by means of a responsible declaration instead of by applying for a license.

WHAT IS A RESPONSIBLE DECLARATION?

A responsible declaration is a document signed by the applicant (accompanied by as many documents as requested) in which it is declared, under the responsibility of the signer, that all the requirements for (in this case) the start of an activity are met. Unlike the license application, the responsible declaration does not need a response from the Administration,Therefore, from the moment it is presented, the activity can be started immediately (without prejudice to the fact that the Administration can subsequently verify that the statement is true, and initiate a sanctioning procedure if it is not).

In which cases can the activity be started by responsible declaration?

The opening of fixed public establishments destined to the celebration of public shows and permanent recreational activities will be subject in general, to the presentation of a responsible declaration before the City Council. This means that only in cases where you want to carry out a temporary activity (for example, a fair) or install a temporary establishment (removable type) will a municipal authorization be required. In the rest of the cases, it will be sufficient to present a responsible declaration.

Activity project

Regardless of whether the activity can be started by means of a responsible declaration or not, it will be essential to present an activity project, which describes the activity that will be carried out on the premises, the facilities and machinery that will be used, Compliance with all applicable regulations is justified and plans are provided for all of this.

Is this all, or do I need other authorizations depending on the use that my establishment will have?

As with the requirements, depending on the specific case, it may be necessary to obtain other types of authorizations or carry out procedures other than those mentioned in the previous section, prior to or simultaneously with the start of the activity. As an example, we indicate some authorizations and in which cases they are necessary:

• In activities located in protected natural areas, it may be necessary to obtain prior authorization from one of the Ministries (depending on the reason that justifies the protection)

• In activities of production or manufacture of food products, the corresponding sanitary registration must be obtained.

• Tourist establishments must have the authorization of the competent Ministry of Tourism and register in the Tourism Registry.

• In activities located on undeveloped land, the presentation of an action project or special plan will be required (depending on the activity).

ENVIRONMENTAL LEGISLATION

Finally, due to its relevance, we must mention that there are a series of actions subject to environmental prevention and control instruments and that their resolution must be obtained prior to the presentation of the responsible declaration at the City Council and, therefore, before starting the activity.

The activities that must be subject to any of these instruments are listed in Annex I of Law 7/2007, of July 9, on Integrated Environmental Quality Management, where we find, among many others: hotel establishments and tourist apartments; restaurants, cafes, pubs and bars; discos and party rooms; cinemas and theaters; gyms; dance and dance academies, and so on.

DO I HAVE TO REAPPLY FOR A LICENSE IF I SUSPEND THE ACTIVITY OF MY ESTABLISHMENT FOR A PERIOD OF TIME?

Yes. The inactivity or closure for more than six months of a fixed public establishment will require the presentation of a new responsible declaration before the City Council for its reopening. Likewise, the inactivity or closure for more than six months of an eventual public establishment (for which authorization is required when starting the activity for the first time) will require the presentation of a responsible declaration before the City Council for its reopening.

IS IT NECESSARY TO HAVE AN ARCHITECT TO CARRY OUT THE WHOLE PROCESS?

Yes. Many of the procedural documents that we have been mentioning throughout the post must be necessarily signed by a technician (among them, the activity project), since he will be in charge of certifying that the activity complies with all regulations.

However, it is not only mandatory for some of the steps, but it is highly recommended to contact an Architect even before buying or acquiring the establishment in question. Why? If you do not know perfectly the requirements that the activity you want to start or the urban regulations must meet, it is very possible that, attracted by a good offer, you will acquire a place in which the use you want to put is not allowed, or in which the cost of the reform that you need to meet all the requirements is much higher than what it would have cost you to acquire another seemingly more expensive premises, but that better adjusts to the requirements of the use you want to start.

Remember that having adequate technical advice is not an expense, it is an investment that will allow you to save costs in the future.

Hello I am Javier Muñoz Fuentes, Architect registered 1856 COA Málaga. Let me know how may I be of assistance…You will find me calling at + 34 654 00 11 69

Hello I am Crisanto Barcia Garcia, Architect registered 1501 COA Málaga. If you have any further question about this post, do not hesitate to call me at +34 678 478 993

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Frequently Asked Questions About Housing for Tourist Purposes

1. WHAT ARE TOURIST APARTMENTS?

Tourist apartments are establishments intended to provide the tourist accommodation service, made up of a set of accommodation units that have furniture and adequate facilities for their purpose. These units can be both apartments themselves and villas, chalets, bungalows...

It is important to point out the difference between an establishment of tourist apartments and houses for tourist purposes, since the complexes formed by less than three houses or apartments of the same owner (located in the same property or in a group of properties within a of a kilometer) are considered homes for tourist purposes and their requirements are different. If this is your case and you have doubts about the procedure to follow to start this activity, we recommend that you read our post Housing for tourism purposes - Things you should know

 2. SHOULD THESE ESTABLISHMENTS ALWAYS OCCUPY A COMPLETE BUILDING?

No, it is not required. However, this depends on the classification we want to obtain: tourist apartment establishments are classified into two groups:

• Buildings / complexes: Establishments made up of three or more accommodation units that occupy all or an independent part of a building, having their own entrance and communication hubs for exclusive use.

• Complexes: Establishments made up of three or more accommodation units located in the same building, occupying only a part of them, in which the tourist accommodation service is provided under an operating unit.

3. I WANT TO BUILD A TOURIST APARTMENT BUILDING IN WHICH THERE ARE ALSO COMMERCIAL PREMISES, IS IT POSSIBLE?

If it's posible. However, access to tourist apartments must be independent of access to commercial premises. If these premises are located on the ground floor, they must be accessed directly from the outside, but if they are located both on the ground floor and on the upper floors, there must be an access and a communication nucleus for the commercial premises and another independent access and communication nucleus for the tourist apartments.

4. WHAT REQUIREMENTS MUST MY PLOT MEET IN ORDER TO BUILD A TOURIST APARTMENT ESTABLISHMENT?

Tourist apartment establishments are built on land classified by the urban planning instrument as "residential" or similar. However, it is not always possible to build an establishment of tourist apartments on these soils, since it depends on the particular conditions imposed by each municipality. That is why the first step before carrying out the project will be to request from the City Council an urban viability report, which is nothing more than a document issued by the city council in which it is certified that the use to which a land will be destined ( in this case, tourist apartments) is admitted for a certain location.

In addition, depending on the modality to which the establishment is assigned, it must meet some requirements or others. There are four modalities: beach, city, rural, road. In the event that an establishment meets the requirements to be assigned to more than one modality, the company will be able to choose which of them it wants to take advantage of, and thus indicate it in the responsible declaration.

If you have a plot and are interested in building an establishment of tourist apartments, we recommend that you contact a technician who will review your specific case, since depending on where you are, you must use one or another modality and, therefore, you must comply with a series of different requirements in each case.

5. WHAT REQUIREMENTS MUST THE TOURIST APARTMENTS THEMSELVES MEET?

There are four categories of tourist apartments. These are: one, two, three or four keys (comparable to stars in hotel establishments). Depending on the category to which we want to assign our establishment, it must have some services or others, and the apartments must have minimum dimensions or others.

In general, these requirements will refer to the minimum number of accesses, dimensions of the lobby and the requirement that there be a reception, minimum dimensions that bedrooms, bathrooms, kitchens must meet ... the requirement of other spaces such as luggage rooms, laundries, areas common, etcetera. All these aspects will be resolved by the architect in charge of drafting the project.

6. WHAT IS THE PROCEDURE TO REGISTER MY ACTIVITY IN THE TOURISM REGISTRY?

Those interested in building, expanding or reforming a tourist accommodation establishment must submit an application to the corresponding Territorial Delegation of the Ministry of Tourism and, together with it, the mandatory documentation must be attached to carry out the prior qualification of the project, ect according to the group, category, modality ... of the establishment that they intend to register.

This documentation will be presented after presenting the basic project to the City Council and, therefore, prior to the construction, extension or reform of the establishment. A technical report will be included accompanied by plans where it is justified that the project meets all the requirements of the corresponding regulations. For this, it will be essential to have an Architect, who will be in charge of advising you on the best options for your specific case, preparing the project and carrying out all the procedures with the Administration. At Munoz Barcia we have extensive experience in tourist apartment projects, we will be happy to advise you without obligation!

7. IS REGISTRATION IN THE ANDALUSIAN TOURISM REGISTRY MANDATORY?

Yes. All tourist apartment establishments must register in the Andalusian Tourism Registry, and it is also mandatory to include the registration number assigned by said Registry in all advertising they make about the apartments. From the moment they are registered in the Andalusian Tourism Registry, it will be forbidden to use the apartments for a different use, such as residential and, expressly, for housing rental.

In the event that the tourist apartment rental activity begins without the registration in the Tourism Registry having been made, this activity will be classified as clandestine, giving rise to the initiation of the sanctioning procedure (in addition to the precise actions so that causes the cessation of the clandestine provision of the tourist service).

Hello I am Javier Muñoz Fuentes, Architect registered 1856 COA Málaga. Let me know how may I be of assistance…You will find me calling at + 34 654 00 11 69

Hello I am Crisanto Barcia Garcia, Architect registered 1501 COA Málaga. If you have any further question about this post, do not hesitate to call me at +34 678 478 993

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Everything You Need to Know about Housing for Tourist Purposes

1. WHAT IS A HOME FOR TOURISM PURPOSES?

Housing for tourism purposes is understood to be those located in properties located on land for residential use, where the accommodation service will be offered at a price, on a regular basis and for tourism purposes.

2. CAN ALL HOMES BE CONSIDERED "HOMES FOR TOURISM PURPOSES"? WHEN ARE TOURIST APARTMENT ESTABLISHMENTS CONSIDERED?

Above all, the home must be located on land for residential use and meet the requirements summarized in the following section. However, they will not be considered homes for tourist purposes if they are in any of the following cases:

• That the houses are transferred without economic consideration.

• That the home is hired for a period of more than two months (continuously) by the same user.

• Homes located in rural areas. These dwellings, if they are used for tourist accommodation, will be considered as “rural house” or as “tourist accommodation for rural accommodation” and must comply with the conditions of their specific regulations.

• Complexes made up of three or more homes or apartments owned by the same owner that are located in the same property or group of buildings (contiguous or not, but within a one-kilometer radius). In this case they will be considered as tourist apartment establishments. If this is your case, we recommend that you read our post: Frequently asked questions about tourist apartments, since in it we clarify all the doubts you may have.

3. WHAT REQUIREMENTS MUST MY HOME MEET TO BE A HOME FOR TOURISM PURPOSES?

The requirements for housing for tourist purposes are defined in Decree 28/2016, of February 2, and are, among others, the following:

• Have an occupancy license, and comply with the technical and quality conditions required of the dwellings (according to the ordinances of the municipality in which the dwelling is located)

• The rooms must have direct ventilation to the outside or patios and have a darkening system for the windows.

• Be sufficiently furnished and equipped with the necessary appliances and equipment for immediate use and according to the number of places available.

• Have Complaints and Claims Sheets, and a first aid kit.

• That there is cleaning of the house at the entrance and exit of new clients, and that there is bedding, linen, household items in general, depending on the occupation of the house and a replacement set.

As you can see, they are easily achievable aspects. However, in this post we have summarized the requirements, but there are some more. Therefore, if you intend to use your home for tourism purposes, we recommend that you contact a technician so that they can advise you on the specific conditions that your home must meet. In MunozBarcia we will be happy to solve your doubts without any commitment.

4. WHAT MAXIMUM CAPACITY CAN MY HOME HAVE?

The maximum capacity of the home will depend on the type of home for tourism purposes, there are two types:

• Complete: When the house is transferred in its entirety.

• By rooms: When the owner resides in it.

If it is a full-type dwelling, it may not exceed 15 beds, when it is a room type, it may not exceed 6 beds. In no case can it accommodate more than 4 people per room.

5. WHAT PROCEDURES DO I HAVE TO DO TO START THE ACTIVITY?

To start the activity as a home for tourism purposes, you must complete and submit the form of "responsible declaration for the start or exercise of the activity" in which it is declared, among other aspects, that it complies with the current regulations to carry out the activity. The entry record that appears in the Declaration will certify that you have fulfilled your obligation to present this Responsible Declaration and will now be able to provide the tourist accommodation service in your home in a regulated manner.

Subsequently, the Ministry of Tourism will proceed to register the home in the Andalusian Tourism Registry. To do this, it will request a series of documentation (which you may have previously submitted together with the responsible declaration to speed up the procedures), such as:

• Copy of the occupation license or equivalent document (if you do not have it, consult a technician).

• Title for the exploitation of the house (title deed or others)

• Copy of the IBI or other document that proves the cadastral reference.

• Certificate of registration of the owner of the home, if it is the type "by rooms".

Once the documentation has been provided, you will receive a resolution by which you are registered in the Tourism Registry and a code will be assigned to you. This code must indicate it in all advertising or promotion that realize by any means, including "online" platforms.

6. WHAT HAPPENS IF I START THE ACTIVITY WITHOUT PRESENTING THE RESPONSIBLE DECLARATION?

In case of carrying out the activity without having presented this Responsible Declaration, the home will be considered clandestine, being classified and sanctioned as a serious infraction according to the provisions of the Andalusian Tourism Law.

7. I WANT TO STOP RENTING MY HOME FOR TOURISM PURPOSES, WHAT DO I HAVE TO DO?

In case you no longer want to rent your home, you will have to fill in a form again called "declaration responsible for access and exercise of the activity". This is the same form that you submitted to register in the Andalusian Tourism Registry, only now you must select the box identified as “cessation of activity”.

Hello I am Javier Muñoz Fuentes, Architect registered 1856 COA Málaga. Let me know how may I be of assistance…You will find me calling at + 34 654 00 11 69

Hello I am Crisanto Barcia Garcia, Architect registered 1501 COA Málaga. If you have any further question about this post, do not hesitate to call me at +34 678 478 993

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Frequently Asked Questions about Changing The Use of A Property

The Change of Use Projects are designed to give the properties a different use than the one they mainly had, this change can be from property used as a shop to residential , from garage to property used as a shop or vice versa. However, this is a process that takes time, but without a doubt the results can be good for the owners. That is why we have summarized the most frequently asked questions on this topic in a single post, so that you can clarify all your doubts about the Change of Use Projects.

1. HOW DO I IDENTIFY IF MY PROPERTY IS SUITABLE FOR A CHANGE OF USE?

The first thing you should do, when you determine that you want to make a change of use in your property, is to hire an architect to inspect it and verify that it meets the requirements and is compatible with the desired Change of Use. In our article How to change of use of a property, we explain everything you need to know if you are discovering this process, who should act, what are the requirements and the steps to follow.

2. IS IT NECESSARY TO REQUEST THE CHANGE OF USE PRIOR TO THE REFORMS?

Yes, the City Council must receive the change of use project to evaluate it, if it complies with all regulations, it is approved and the building license is granted. This license is prior and perceptual, which means that it must be requested in advance to avoid administrative penalties.

3. WHO CAN REQUEST THE CHANGE OF USE?

The change of use can be requested by individuals and legal persons whose property meets the requirements established in the PGOU and wish to make the change of use of their property, but it must be signed by an Architect.

4. HOW MUCH DOES IT COST TO PROCESS A CHANGE OF USE PROJECT?

The city council requires the payment of administrative fees for the approval of the change of use project, which vary according to the type of project and the characteristics it contains, and may also vary according to the municipality where the work is located. The professionals in charge of carrying out the project, such as the architect, who is in charge of carrying out the project, will also charge their fees with respect to the characteristics of the project to be carried out, if the process is accepted, but reforms are needed for approval, the The architect must also assist you by directing the work.

At Munoz Barcia Arquitectos, we enjoy supporting the investments of our clients, Crisanto and Javier can advise you on the change of Use of your property whenever you need it. Write us and we will be happy to assist you!

5. WHAT TECHNICAL DOCUMENTS DOES A CHANGE OF USE PROJECT INCLUDE?

The project delivered to the City Council contains:

• Justification of compliance with the laws in force in urban planning.

• Scale location plan, locating the public roads and particles that limit the block where the project will be located.

• Site plan of the property.

• Plans of the current state of the commercial premises

• Plans of the proposal made.

It must also be delivered:

• Descriptive memory of the project to be carried out,

• Health and safety study

• Certificate of technical intervention.

This documentation must be carried out by an architect and will require his signature in a compulsory way in order to be validated in the corresponding town hall.

6. IF I CHANGE THE USE OF MY PROPERTY, CAN IT INCREASE ITS PRICE IN THE MARKET?

The answer to this is a big YES! The markets for buying, selling and renting properties are constantly changing, so it is important for owners to adapt their properties to the needs of the market, for example, currently the market for renting property used as a shop depends a lot on the location where they are, if it is in an unfavorable area, it can be difficult to rent it, so a change of use can be the solution, if it meets the requirements, to become residential use and facilitate its rental.

We recommend that you study the sector in which your property is located and analyze the options that you may have on hand to make the best decision about what actions you take with it to benefit you.

Now that you know in detail what a Change of Use Project includes and what are the benefits that processing it would bring you, do not hesitate to take this alternative as an excellent option to give your property a new use. We invite you to contact us, at Munoz Barcia Arquitectos Consult us!

Hello I am Javier Muñoz Fuentes, Architect registered 1856 COA Málaga. Let me know how may I be of assistance…You will find me calling at + 34 654 00 11 69

Hello I am Crisanto Barcia Garcia, Architect registered 1501 COA Málaga. If you have any further question about this post, do not hesitate to call me at +34 678 478 993

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How to Change The Use of a Property

Currently, in a market in which housing prices are increasingly high, the search for alternatives is very frequent, such as the acquisition of a commercial premises to transform it into housing, either for own use, for long-term rental or for rent for tourist purposes. If this is your case, but you do not know the requirements that these places must meet or what the procedure is, we recommend that you stay and read this post, in which you will learn everything you need to know about changes of use.

WHAT USES CAN BE CHANGED?

The most common change of use is the one that transforms a commercial premises into a home, since in general the cost of purchasing the premises added to the cost of the reform is usually cheaper than what it would cost to buy a home with the same characteristics . But this is not the only possible change, since you can also make changes of use from home to commercial premises, from home to office, from garage to commercial premises and vice versa, etc.

In this post we will focus on the explanation of the change of use from commercial premises to housing, as it is the most common. However, the procedure to follow is analogous to other types of changes of use, with some specialties. In any case, we recommend that you contact an architect who will accompany you throughout the process and advise you on your specific case.

WHAT ARE THE REQUIREMENTS?

As you may have already imagined, not all commercial premises can be transformed into housing. For the Urban Planning Management to accept the change of use, it has to meet a series of requirements that we will divide into two groups: urban regulations and housing regulations.

Urban regulations

The first step is to check that the commercial premises are on a plot where residential use is allowed (this is generally the case in commercial premises located on the ground floor of a residential building, but not always in those located in office buildings. /commercial). Once this has been verified, it will be necessary to analyze the density of dwellings that the building has to know if it admits one more dwelling or not.

What is the maximum density of houses?

The maximum density is a parameter that we find in the General Urban Planning Plans (PGOU) of each municipality and that regulates the maximum number of houses that can be built on a plot based on the maximum buildable area assigned to it. As an example, the Malaga PGOU establishes that the maximum density of dwellings is the result of dividing the constructed area for residential use (and related uses, excluding commercial premises, parking, offices…) by 70m².

Let us suppose that we want to buy a commercial premises in a building for which residential use is allowed and that has 1,150m² of constructed area for this use and 15 dwellings. If we divide 1,150 / 70, we obtain that a maximum of 16.42 homes is allowed for that building, so that, as far as urban regulations are concerned, if it is possible to build one more home.

Housing regulations

Once we know that, urbanistically, the change of use is allowed; We must analyze the shape and characteristics of the commercial premises to ensure that, once it has been transformed into a home, it can meet the minimum conditions of habitability. The following aspects must be taken into account (among others):

1. Free height: Each PGOU establishes a minimum free height that the dwellings must have (both structural and free height between floor and finished ceiling).

2. Lighting and ventilation: It must be taken into account that every habitable room must have direct lighting and ventilation either from the outside or through a patio that meets the minimum conditions established in each municipality.

3. Minimum stays: As a minimum there must be a kitchen, a living room, a bedroom and a toilet. These rooms can be distributed in a single loft-type space or in a more traditional distribution with divided rooms. In any case, they must comply with the minimum surfaces for each room that are established in the corresponding PGOU.

We recommend that, prior to the purchase of the premises, you contact an architect, since he will be able to analyze the different possibilities of future distribution of the house, so that you can decide if he is interested in buying it or not.

DO I NEED THE APPROVAL OF THE COMMUNITY OF OWNERS?

The obligatory nature of this approval will depend on what the community's own statutes provide, so they will have to be verified before acquiring a premises in view of its transformation into housing. In general (and as indicated by jurisprudence) we can say that the owners cannot be deprived of the use of their right to ownership of the property as they consider more appropriate unless this use is legally prohibited or the change destination appears expressly limited by the regime of said horizontal property, its constructive title or its statutory regulation.

That is, when the community statutes establish that either changes of use are prohibited, or they are limited to prior approval by the community, if an agreement from the community of owners will be necessary to make the change of use.

 Ok, my place meets all the requirements… Now, what is the procedure?

The procedure begins by requesting an occupation or use license from the City Council of the town where your premises are located, together with an execution project in which the works to be carried out are perfectly defined and it is justified that the house complies with all the applicable regulations.

Once the license has been obtained, and the works carried out, a responsible declaration must be submitted in which it is declared that the works have been carried out in accordance with what is indicated in the building license, enabling this declaration to occupy the finished house (without prejudice to the subsequent Administration can inspect that what is actually declared conforms to urban legality).

After the presentation of this responsible declaration, it will be necessary to go to the Notary to grant a deed of change of use of the premises, so that the property is recorded as a home instead of as a commercial premises. Finally, we can go to the Cadastre to process the alteration of the cadastral data for the same purpose.

 As you can see, although the change of use procedure is relatively simple, it is necessary to take into account many aspects of different regulations prior to carrying out the project to know that this change can actually be carried out, so you should contact with an architect, who will be in charge of carrying out all these procedures for you.

At Munoz Barcia Arquitectos we have extensive experience in projects of this type, so if you have any questions we encourage you to contact us to resolve any questions without any kind of commitment. 

Hello I am Javier Muñoz Fuentes, Architect registered 1856 COA Málaga. Let me know how may I be of assistance…You will find me calling at + 34 654 00 11 69

Hello I am Crisanto Barcia Garcia, Architect registered 1501 COA Málaga. If you have any further question about this post, do not hesitate to call me at +34 678 478 993

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