Opening licence in Almería: how to open a bar, shop, hairdresser's or office

By Álvaro García, registered architect no. 19625 (COAM). Reviewed in October 2026.

A shop, hairdresser's or office opens in Almería with a responsible declaration (declaración responsable) to the town hall, with no prior licence. A bar or restaurant also opens with a responsible declaration, but must first complete the environmental procedure of Ley 2/2026 (Andalusia's environmental management act), which since 20 June 2026 replaces the environmental qualification (calificación ambiental). If your activity requires an environmental licence, the town hall has three months and refusal by silence applies. The technical documentation costs from €350 + VAT for a low-impact (inocua) activity and from €1,200 + VAT with the environmental procedure.

Low-impact activity or environmental procedure: the first question

The first thing is to find out whether your activity is listed in annex I of Ley 2/2026, para la Gestión Ambiental de Andalucía (Andalusia's environmental management act). The law has been in force since 20 June 2026. It repealed Ley 7/2007 (GICA) and the environmental qualification regulation.

The environmental qualification (calificación ambiental) no longer exists under that name. Two municipal procedures replace it: the environmental licence and the responsible declaration on environmental effects (articles 89 and 98).

Low-impact activity: this is what ordinances call an activity that is not in annex I. It is usually the case for offices, professional practices and small shops with no kitchen or machinery. It only needs the responsible declaration of opening.
Responsible declaration on environmental effects: you submit it yourself, with an environmental report, and open without waiting for a decision. The published summaries of annex I put bars, cafés, pubs and restaurants here, whatever their floor area.
Environmental licence: for the annex I activities with more impact. You have to wait for the town hall's decision.

Bear two things in mind. Your town hall can require an environmental licence by ordinance for activities that the law leaves under a responsible declaration (article 89.2). And environmental qualifications already granted remain valid: the law treats them as an environmental licence (second transitional provision).

Shops, hairdressers and offices: responsible declaration

Ley 12/2012 (the retail liberalisation act) prohibits requiring a prior business licence (licencia de actividad) or opening licence for the shops and services in its annex (article 3.1). It applies to permanent establishments with a useful display and sales area open to the public of up to 750 m² (article 2.1).

The annex includes, among others, retail of food, clothing, footwear, furniture or hardware. Also hairdressers and beauty salons, travel agencies, estate agency services, launderettes and photography studios. Bars and restaurants are not in it.

What you submit: a responsible declaration or a prior notice (comunicación previa). In it you state that you comply with the rules and hold the documentation (article 4). If there is a design, a competent technician signs it.
Change of holder: this does not need a licence either. A prior notice to the town hall is enough (article 3.2).
Exceptions: activities that affect historic and artistic heritage or that occupy public land (article 2.2).
Later checks: the town hall keeps the power to check and inspect (article 5).

An office or professional practice that is not in the annex is opened according to each town hall's ordinance, which normally also asks for a responsible declaration. In El Ejido, Roquetas de Mar or Adra, the form and the fee are those on each town hall's online portal (sede electrónica).

Bars and restaurants: environmental procedure, maximum occupancy, hours and noise

A bar opens with a responsible declaration to the town hall, without prejudice to the planning licences for the works (article 7 of Decreto 155/2018, Andalusia's public entertainment catalogue). The environmental and acoustic parts must be settled first.

Environmental procedure. The responsible declaration on environmental effects requires you to hold the town hall's certificate of planning compatibility first. It also requires a report that identifies emissions, smells, noise, discharges and waste, with their corrective measures (article 101 of Ley 2/2026). It is submitted with the premises finished and before opening (article 102).
Maximum occupancy (aforo). This is the maximum number of people, calculated with the Código Técnico de la Edificación (the national building code) (article 6 of Decreto 155/2018). The DB-SI (the building code's fire safety document) counts 1.5 m² per person in seated public areas and 1 m² in standing public areas. A 60 m² room with tables gives 40 people.
Opening hours. Hospitality establishments, with or without music, close at 02:00 at the latest. Special hospitality establishments with music close at 03:00. On Fridays, Saturdays and the eve of public holidays there is one more hour, and venues do not open before 06:00.
Noise. Decreto 50/2025 requires an acoustic study for activities capable of generating 70 dBA or more (article 41). The minimum insulation against adjoining protected rooms, such as homes, is 60 dBA without music or with equipment of up to 85 dBA. It rises to 65 dBA with music up to 90 dBA and to 75 dBA above that (article 32).
Terrace. On the public highway it needs a separate municipal licence (article 11 of Decreto 155/2018). Each town hall sets the hours, and nothing can be served after 02:00 (article 22).
Insurance. Civil liability insurance is compulsory. Decreto 109/2005 sets the minimum sum according to maximum occupancy: €225,000 up to 50 people.

If the town hall requires an environmental licence, the procedure includes a technical design, an environmental document and a public information period of twenty working days (article 92). Once the licence is granted, the activity starts after a responsible declaration of commencement (article 96.2).

Technical documentation and adaptation works to the unit

For a low-impact activity a technical report with plans is enough. For a bar or a workshop, the documentation is more extensive and usually takes the form of an activity project (proyecto de actividad). In both cases the technician justifies the same things:

Permitted use: that the local plan (PGOU) allows that activity in that unit.
Fire (DB-SI): occupancy, evacuation routes, exits and extinguishers. You need a 21A-113B extinguisher no more than 15 metres of travel from any evacuation origin. A kitchen of more than 20 kW is a special-risk room.
Accessibility: Decreto 293/2009 applies to establishments that change their use or activity (article 2.1.d). The report includes its justification forms, as well as the DB-SUA of the building code.
Noise: an acoustic study when Decreto 50/2025 requires it, and a certificate of compliance before start-up (article 48).
Ventilation and fumes: ventilation flow rates and the kitchen's extraction flue (salida de humos).

The works on the unit go by responsible declaration when they are minor in scale and need no technical design. Also when they are carried out in a building on urban land without altering plot coverage, height, buildable floor area or the number of homes (article 138.1 of the LISTA, Andalusia's planning act, Ley 7/2021). The change of use of the unit follows the same route if the plan allows it.

The responsible declaration for works is submitted with the design or report and allows you to start that same day (article 138.5). If the works need a building licence (licencia de obra), the town hall has three months to decide (article 140). We explain this in our guide to building licence or responsible declaration.

Common mistakes before opening

Signing the lease without checking the use. If the local plan does not allow your activity in that unit, no design will fix it. Ask first for the certificate of planning compatibility, or make the contract conditional on obtaining it.
Forgetting the extraction flue. A kitchen needs an extraction duct, and municipal ordinances often require it to reach the building's roof. Check that it exists or that the community of owners authorises installing it.
Getting the maximum occupancy wrong. With more than 100 people, the DB-SI generally asks for more than one exit. Maximum occupancy also affects the compulsory insurance.
Not allowing for noise. A bar under homes needs at least 60 dBA of insulation. If you want music, the requirement rises and the works get more expensive.
Taking the previous holder's licence for granted. A change of holder is notified to the town hall. If the bar has been closed for more than six months, a new responsible declaration is needed (article 7.3 of Decreto 155/2018).
Leaving the terrace to the end. It has its own licence and its own opening hours.

Timescales and cost

Item	Timescale	Indicative cost
Technical report for a low-impact activity	1 to 2 weeks	From €350 + VAT
Activity project with environmental procedure (bar, restaurant, workshop)	3 to 4 weeks	From €1,200 + VAT
Responsible declaration of opening	You open from the moment you submit it	Fee according to your town hall's tax ordinance
Environmental licence, if required	Three months, extendable by a month and a half; refusal by silence	Municipal fee
Acoustic certificate and installers' certificates	Depends on each company	Extra

For reference, published prices for an opening licence in El Ejido range from €200 to €5,600, with an average of €1,280. Across Almería, from €400 to €6,500, with an average of €1,460.

At Poniente Arquitectura we visit the premises, check the use and prepare the business licence (licencia de actividad) with a fixed written quote within 24 hours. The first consultation is free, and it is best to have it before you sign the lease.

Frequently asked questions

Does the environmental qualification still exist in Andalusia?

No. Ley 2/2026 repealed the GICA with effect from 20 June 2026 and replaced it with the environmental licence and the responsible declaration on environmental effects. Qualifications already granted are treated as an environmental licence.

Can I open on the same day I submit the responsible declaration?

Yes, if you submit it with all the documentation and the premises already comply. The town hall checks afterwards, and a falsehood or an essential omission means you must stop the activity.

How late can a bar stay open in El Ejido or Roquetas de Mar?

The Andalusian limit for hospitality is 02:00, and 03:00 on Fridays, Saturdays and the eve of public holidays. Special hospitality establishments with music get one more hour.

Do I need a licence for a terrace?

Yes. A terrace on the public highway needs its own municipal licence. The town hall sets its hours, with a limit of 02:00 for serving.

What happens if I take over a bar that already had a licence?

The change of holder is notified to the town hall. If the premises have been closed for more than six months, you must submit a new responsible declaration to reopen.

Sources

This guide is for information; every case needs a check of the local rules.