Declaración responsable or licencia de actividad in Madrid (Ordenanza 6/2022, ECUs): which applies to your premises

The two instruments in one sentence each

Madrid's Ordenanza 6/2022, de 26 de abril, de Licencias y Declaraciones Responsables Urbanísticas was published in BOCM no. 116 on 17 May 2022 and entered into force one month after publication (final provision four). It sets two routes for works and activities in premises.

Article numbers on this page refer to the text as published in May 2022. The Ayuntamiento publishes a consolidated text on sede.madrid.es; check it for later amendments before relying on a specific article.

• Declaración responsable (DR, a signed statement of compliance): the holder declares that the premises and activity meet the rules, files the technical documentation and may start; the council, or an ECU, checks afterwards (arts. 26–28).
• Licencia urbanística (prior licence): a municipal resolution is needed before acting, and only for the actions listed in Annex I (art. 34); the file is assessed in three documentation phases (art. 36).
• A DR takes effect on filing the declaration, the technical documentation with budget, and proof of payment of the tax or of the ECU (art. 28.1). The holder declares compliance and keeps the documentation available (art. 28.2).
• For activities, both instruments have indefinite effect while the requirements continue to be met (art. 9.2). For works under a DR, the default deadlines are to start within six months and finish within one year (art. 9.1).

Which premises go by licence (Annex I): the cases that matter to chains

Annex I is the list of actions that need a licence. If your works or activity is not on it, the route is a declaración responsable. The entries most relevant to multi-site operators are below.

The Comunidad de Madrid's Ley 2/2012 de Dinamización de la Actividad Comercial lets works and activity within its scope start on filing a DR, a technical project and the fee (arts. 3–4). Its scope is retail and the services listed in its Annex, identified by IAE (business activity tax) groups.

• Works that need a building project, except actions covered by Ley 2/2012 (item 1).
• Ley 2/2012 actions on buildings that are BIC (Bien de Interés Cultural), inventoried or at the maximum protection level of the catalogue (item 2), and partial works on protected elements (item 3).
• Activities subject to environmental control (item 13), with exceptions 13.1–13.8 that do not need a licence: photocopy shops, low-impact vehicle workshops, telephony bases under 300 m², machinery repair without hazardous waste, tintorerías (dry cleaners), certain chemist's-goods and perfumery retail, out-of-hospital clinics without operating theatre or X-ray, and dental clinics.
• Hospedaje (hotel and other accommodation) uses (item 18) and high-risk industrial or storage activities (item 19).
• Garages over 6,000 m² (item 21); the annex also covers food manufacturing for consumption off the premises and temporary activities in licensed premises.

Everything else: declaración responsable (Annex II.A)

Art. 26 and Annex II.A send every action that needs municipal intervention and is not under licence control to a declaración responsable. For chains, that typically means retail, offices, most services and food service not listed in Annex I.

The council checks within three months of completion (art. 29.5). Art. 29.6 allows a document-only check for tertiary activities (uso terciario: retail, offices, services) in premises of up to 150 m² built that do not affect protected elements. Two exceptions: food shops with a tasting bar (degustación) and activities under public-entertainment legislation.

For how food-service premises are processed and how listings describe their permits, see what a food-service licence is. Annex II.B sets what the DR contains:

• The holder's details.
• Identification of the premises, including the cadastral reference (referencia catastral).
• A description of the works or activity and the deadline for carrying it out.
• A declaration of compliance covering fire safety, accessibility, hygiene and environment.
• The sectoral authorisations the activity needs.

Public-entertainment activities (bars, restaurants, gyms): the special regime

Bars, restaurants and gyms follow their own track. The Catálogo de Espectáculos Públicos y Actividades Recreativas (Decreto 184/1998, amended by Decreto 40/2019, BOCM 7 May 2019) lists cafeterías, bares and restaurantes and, under sports venues, gimnasios (3.1.16).

For these activities art. 33 of Ordinance 6/2022 applies. Gym operators can read it alongside what to look for in gym premises.

• Filing the DR enables the works and provisional operation.
• After completion, the council makes an inspection visit within one month and issues a favourable, conditional or unfavourable report.
• A favourable report has the effects of the licencia de funcionamiento (operating licence).
• ECUs cannot carry out this operation check; the council does (art. 5).
• Special acoustic protection zones apply to DRs and licences alike: see ZPAE in Madrid.

ECUs: what they do and when they help

An ECU (entidad colaboradora urbanística) is a private entity accredited by ENAC, Spain's national accreditation body, that may verify, inspect and control files (art. 4). Using one is voluntary. Its favourable certificates have the same effect as municipal reports; unfavourable ones need municipal ratification.

An ECU verifies and certifies; the council resolves. The Ayuntamiento publishes the list of authorised ECUs.

• It can request mandatory reports from other bodies directly, including heritage reports (art. 23.6).
• It can issue a certificado de conformidad (certificate of conformity) before you file (art. 31).
• It cannot act on temporary or provisional licences, cases of absolute fuera de ordenación (buildings that do not conform to current planning), operation checks of public-entertainment activities, or actions on public land (art. 5).

Before you sign: informe de viabilidad urbanística and what the listing tells you

Art. 12 offers an optional informe de viabilidad urbanística (planning viability report). The council issues it within one month, stating whether the action is viable, not viable or not assessable. It can be requested before you commit to a lease or a traspaso (transfer of a going business).

Some words in a listing change the likely route:

• 'Edificio protegido' or 'edificio catalogado': works on protected elements may fall under Annex I.
• 'Local en bruto' (shell premises): works are needed; if they require a building project, Annex I item 1 may apply.
• 'Licencia de actividad en vigor' or 'declaración responsable': a previous permit is stated; whether it covers your activity is for your engineer to confirm.
• 'Uso terciario': the planning use the listing states for the premises.
• More than 150 m² built: no licence by itself, but the document-only check of art. 29.6 does not apply.

Check with the Ayuntamiento or a qualified professional

Claro reads each listing for what it states, for example 'licencia de actividad', 'declaración responsable' or 'edificio catalogado', and marks each criterion met, not met or not stated, quoting the listing's words. A listing that does not mention a licence is 'not stated', not 'without a licence'. Claro does not decide the route; that is for your engineer or ECU. See how Claro verifies listings.

Claro searches commercial premises across Spain by city or province, with new premises added every night and location figures and nearby places shown where available. For Madrid, start from commercial premises in Madrid.

Rules vary by municipality and change. This page summarises Madrid's ordinance as published on 17 May 2022, the Comunidad de Madrid's Ley 2/2012 and the public-entertainment catalogue. Read the consolidated text and later amendments on sede.madrid.es and consult the Agencia de Actividades (the council's activities agency).

Check with the Ayuntamiento de Madrid or a qualified professional before signing or filing. This is not legal advice.