Can you open a restaurant in premises without a smoke outlet? Exceptions in Madrid (OCAS art. 24) and Barcelona (OMAIIAA art. 39)

What 'no smoke outlet' means in a listing

A smoke outlet (salida de humos) is the extraction duct that carries kitchen fumes up to the roof. In Madrid it is the conducto de evacuación a cubierta (duct to the roof); in Barcelona, the xemeneia d'extracció (extraction chimney). The duct is what councils check, not the extractor hood (campana extractora con filtros de grasa, a hood with grease filters) above the cooking line.

Agency listings handle it in one of three ways: they say the premises has one, they say 'sin salida de humos' (no smoke outlet) or 'posibilidad de salida de humos' (possibility of a smoke outlet), or they say nothing at all.

Claro reads each listing and marks the criterion met, not met or not stated, quoting the sentence it relied on. 'Not stated' means the listing is silent: ask the agency. It is never a no. If your format does need extraction, see how to find a restaurant premises with a smoke outlet.

• 'Con salida de humos' or 'salida de humos a cubierta': the listing states a smoke outlet.
• 'Sin salida de humos': the listing states there is none.
• 'Posibilidad de salida de humos': the agency's claim about a future installation; verify it before relying on it.
• No mention: not stated. Shortlist it if it fits otherwise, and ask.

Madrid: the rule (OCAS art. 23) and the exception (art. 24)

Madrid regulates kitchen extraction in Ordenanza 4/2021 (OCAS), approved on 30 March 2021 and published in BOCM no. 90 of 16 April 2021 and BOAM 8.884 of 11 May 2021.

The rule, article 23.1: rooms where food is cooked or prepared need a capture, forced-extraction and filtering system with grease collection covering the whole emission area, evacuated through a duct to the roof that meets article 12 and Annex I. Article 23.2 adds particle filters where charcoal or wood is used.

The exception, article 24.1: no duct to the roof is required when all four conditions below are met. Article 24.2 lets the council require extraction anyway if odours are verified.

The council's official OCAS FAQ says every cooking or food-preparation element in the activity counts towards the 4 kW, whatever room it is in. Its example: an electric oven over 4 kW in a food shop needs a hood and a duct to the roof, even with condensation recovery.

Transitional rule (Disposición transitoria primera 2): cooking activities licensed before the ordinance keep their previous exception regime, unless the cooking installation changes or nuisance is verified. A traspaso (transfer of a running business) of an older bar may therefore sit under different rules from a new opening; confirm which applies.

• (a) Only electric appliances that cook inside themselves without transmitting odours: microwaves, toasters, salamanders, condensation ovens or similar.
• (b) Combined potencia útil nominal (nominal useful power) of 4 kW or less.
• (c) Proper maintenance of the appliances.
• (d) No openings communicating directly with the exterior.

Barcelona: OMAIIAA art. 39 and the 2.3 classes

Barcelona sets extraction by activity class in the Ordenança municipal de les activitats i dels establiments de concurrència pública (OMAIIAA), published in BOPB no. 169 of 16 July 2003 (CIDO record). The class 2.3 definitions in Annex I are reproduced in the official Rambla special plan text (BOPB 22 January 2015).

Article 39.1 requires a chimney for fumes, vapours and odours in fast-food bars and in restaurants and restaurant-bars with their own kitchen (cuina pròpia). It exempts two groups, unless fumes or odours cause nuisance.

Article 39.2 also requires a restaurant kitchen of at least 10 m² in a separate room, and article 39.3 a dining room of at least 20 m².

The ordinance has been amended since 2003. Check the current consolidated text for class 2.3 and article 39 before relying on them. For how a food-service licence is processed, see the food-service licence guide.

• 2.3.1 Bar: may only reheat, with coffee machines and microwaves.
• 2.3.2.1 Bar amb restauració mixta menor (bar with minor mixed catering): a single electric griddle (planxa elèctrica) of up to 3 kW; no chimney required.
• 2.3.2.2 Bar amb menjar ràpid (fast-food bar): chimney required.
• 2.3.3.1 Restaurant and 2.3.4.1 restaurant-bar with own kitchen: chimney required.
• 2.3.3.2 and 2.3.4.2 Catering-only (càtering) restaurant or restaurant-bar: up to 5 kW of heating and no cooking power; no chimney required.

Formats that usually fit a premises with no extraction

Whether a format fits depends on its appliances and their power, not on its name. List every appliance and its kW before you sign, and let your engineer confirm it against the ordinance that applies.

Write the result into your standard premises specification so every opening in the network is checked the same way.

• Cocina fría (cold kitchen): poke, salads, sandwiches, sushi assembled from pre-prepared product.
• Coffee and bakery display: only if ovens and other appliances stay within the power limit; the OCAS FAQ counts every element in the activity.
• No cooking at all: fitness, health, pharmacy, clinics, retail. OCAS chapter IV does not apply, though ventilation rules still do.
• Does not fit: anything with fryers, grills, gas, charcoal or wood. OCAS art. 23.2 adds particle filters for charcoal and wood.

Can a smoke outlet be added later?

Sometimes, but it is a building project, not a box to tick. In Madrid, OCAS article 12.1–12.2 requires a duct that is exclusive, continuous and sealed, ending at roof level. The roof is the rule; any alternative is assessed case by case. Running it up the building usually needs the cooperation of the comunidad de propietarios (community of owners).

Treat 'posibilidad de salida de humos' in a listing as a claim to verify, not a fact. Budget and timing depend on the building, so this guide gives no figures.

• Ask the agency for the community's written position and any previous approvals.
• Ask your engineer to confirm the route to the roof before you commit.

How to write the brief and read the verdicts

State the format honestly: 'cold kitchen, no fryers, smoke outlet not required' is a different search from 'smoke outlet required'. If you need one, say so; if you do not, do not filter premises out for lacking one.

Claro checks only what the listing states, in its own words: 'salida de humos', 'sin salida de humos', 'chimenea' (chimney), 'extracción' (extraction). Power limits, appliance lists and council approval are for your engineer.

Claro searches commercial premises across Spain by city or province, with new premises added every night. Location figures and nearby places are shown where available. See commercial premises in Madrid and in Barcelona.

• Met (illustrative): the listing says 'Local con salida de humos a cubierta'.
• Not met (illustrative): the listing says 'Local sin salida de humos'.
• Not stated: the listing says nothing about extraction. Ask the agency.

Check with the council or a qualified professional

Rules vary by municipality and change over time. This guide covers only Madrid's OCAS (with the council's OCAS FAQ) and Barcelona's OMAIIAA as published; other cities have their own ordinances.

Before signing, file a consulta urbanística (planning query to Madrid City Council) or a consulta prèvia (prior query to Barcelona City Council), and have an engineer check the appliance list and kW against the current text.

This is not legal advice. Check with the city council or a qualified professional before you commit to a premises.