You have decided to undertake, to start your project. You are full of ideas and illusion. You have a physical space where you can develop your activity, but what do you need to carry it out?
Often in Cronotopos we meet with entrepreneurial clients full of doubts about the process of legalization of a premises to carry out an activity in Zaragoza. This post is addressed to all of them. So, here we go.
There are three factors to consider:
TYPE OF ACTIVITY
2. LOCAL
3. SATURATED ZONE
Type of activity of the premises
The activity to be carried out may be classified or unclassified. But how do you know if your activity is classified or not?
CLINICA DE ODONTOPEDRIATRÍA MUN: Classified Activity : Unprotected Premises : Unsaturated Zone
Urban Development and Environmental License + Operating and Opening License
According to Article 71 of Law 11/2014, of December 4, on Environmental Prevention and Protection of Aragon, classified activities are considered to be those that deserve the consideration of annoying, unhealthy, harmful to the environment and dangerous in accordance with the following definitions:
a) Nuisances: those that constitute a disturbance due to noise or vibrations or that produce manifest discomfort due to fumes, gases, odors, mists, dust in suspension or substances that they eliminate.
b) Unhealthy: those that give rise to the release or evacuation of substances or products that may be directly or indirectly harmful to human health.
c) Harmful to the environment: those that are likely to cause damage to biodiversity, fauna, flora, land, water or air or involve inefficient consumption of natural resources.
d) Hazardous: those whose purpose is to manufacture, handle, transport, dispense, store or dispose of products susceptible of causing serious risks to persons or property due to explosions, combustion, radiation or others of a similar nature, in accordance with the legislation in force.
Likewise, in Annex V of Law 11/2014, of December 4, on Prevention and Environmental Protection of Aragon, the following are considered NOT classified activities:
a) Retail commercial activities whose useful surface of exhibition and sale to the public does not exceed 2500 square meters.
b) Industrial activities such as workshops whose installed power does not exceed 30 kW and whose surface area is less than 200 square meters.
c) Agricultural activities
d) Other activities such as professional offices, agencies, offices, rural tourism, residences, day care centers, educational centers and academies, hairdressing salons, warehouses of less than 500 square meters or garages.
LA FÁBRICA – Photography Studio | Unclassified Activity | Unprotected Premises | Unsaturated Zone
Construction and opening license by means of Prior Communication
The classification of your activity will influence the type of license to apply for. In the case of a classified activity, it will be necessary to request an Urban and Environmental License. In the case of an activity that is NOT classified, it will be sufficient to process a Previous Communication.
The main difference between the two procedures is the time to acquire it. While in the first case, it will be necessary for the license to be granted in order to begin the works, in the second case, the works for the adaptation of the premises and its activity will begin immediately after applying for the license.
In addition, in the case of the former, once the works have been completed, it will be necessary to apply for an Operating and Opening License in order to be able to carry out the activity.
CAFÉ 1885: Classified Activity : Protected Premises : Saturated Zone with prior license
Urban Development and Environmental License + Operating and Opening License
2.Local
The premises that we select to carry out the activity is of great importance, both for the licensing process and for the adaptation of the same to the current regulations.
Focusing on the licensing process, there are two factors that will determine the path to follow.
In the first place, the surface of the same, which, depending on the activity carried out, will be considered classified or not.
Secondly, the protection of the premises, the building or the area in which it is located.
In the event that the premises are located in a BIC environment, in the Historic District, or are part of a Building and Site of Interest, a Urban and Environmental LicenseThe Heritage Commission will have to approve it, regardless of the type of activity carried out.
CLINICA DE PODOLOGÍA CIP | NON-CLASSIFIED ACTIVITY | Premises in BIC Environment | Non-saturated zone
Urban Development and Environmental License + Operating and Opening License
Saturated Zone
In the case of an activity intended for entertainment and recreational activities, such as bars and cafeterias, bars with music and pubs, güisquerías and clubs or restaurants, we must also take into account whether the premises are located in a saturated zone or not.
According to Law 11/2005, the granting of new urban and environmental activity and operating licenses for the activities listed above is prohibited in the area of any saturated zone.
The only case in which the opening of these activities is allowed in a premises located in a saturated zone is if the following conditions are met
previously that premises has a license for the same activity.
Written by Laura Cabeza Millán, published by Cronotopos