What is an Environmental Licence?

An Environmental Licence is the procedure based on a technical project that allows obtaining authorisation from the Administration to initiate and implement any activity included in Annex II of Law 6/2014, of 25 July, of the Generalitat, on Prevention, Quality and Environmental Control of Activities in the Valencian Community.

This Annex II includes those activities that do not require an Integrated Environmental Authorisation (Annex I of the law), and therefore, less polluting than these, being less complex and favourable activities from an environmental point of view.

Who may need an Environmental Licence?

What do I have to do to obtain an Environmental Licence?

In order to obtain the Environmental Licence there are several steps that I am going to detail:

1.- Certificate of Urban Planning Compatibility

In a similar way to the Integrated Environmental Authorisation, it will be necessary to apply to the Town Council for the issuing of the Certificate of Urban Planning Compatibility of the project with the municipal planning regulations in force. This procedure costs approximately 80 euros.

2.- Submission of the Draft Environmental Licence

Once the Urban Development Compatibility Certificate has been obtained, the environmental licence project can be submitted to the Town Hall. The Town Hall will then review it.

3.- Issuance of Certificate by the Project Drafter

If everything is in accordance with the regulations and is correct, the Town Hall will give you the Environmental Licence, but will ask you to communicate that you are going to proceed with the start-up of the activity.

To this end, the technician drafting the project must certify that the installations have been carried out, as well as the corrective measures specified both in the project and in the environmental licence granted: in terms of the environment, acoustics, fire prevention, etc.

4.- Visit to the facilities by the Town Hall

After the certificate is ssued by the technician who drafted the project, the City Council can visit the installations to check that the installations have been carried out in accordance with the project and the Environmental Licence granted.

During the processing of the Environmental Licence, in the event that the project has any deficiencies or incorrectness, the Town Council may require you to correct them, for which you will have to correct the project and adapt it to the objections the Town Council tell you.

On other occasions, the City Council may also ask you for clarification of the project presented, to which you will be answered as clearly as possible, in order to resolve any doubts about the project that may exist.

Once the deficiencies have been repaired or the clarifications have been answered, the process is similar. Once the project and the activity comply with the current regulations, we can obtain the environmental licence from the City Council.

Legality and Regulations of the Environmental Licence

The law of reference in this area

  • Law 6/2014, of 25 July, from the Generalitat, on Prevention, Quality and Environmental Control of Activities in the Valencian Community.

In terms of legislation on fire protection measures:

In terms of noise legislation:

On accessibility:

Do you need an opening project for your business?

Do you need an environmental communication, an environmental declaration or an environmental licence?

The Town Hall or the Autonomous Community requires information on the operation of activities that could be polluting, noxious, annoying or dangerous. In addition, they study each case before granting the permit. In general, they assess the safety of the installations to check that they comply with the relevant legislation and do not harm neighbours and businesses in the surrounding area.

Decree 54/1990 Nomenclature of annoying, unhealthy, noxious, harmful and dangerous activities in the Valencian Community.

 However, it is necessary to confirm the necessary permits with the town hall before starting any economic activity. A new permit must also be applied for when the activity of a premises or facility is changed.

If you are not sure what you need, please contact us and we will advise you and help you through the whole process.

What is an Opening Licence?

The opening and activity licence is a compulsory licence that a business premises, office or warehouse needs to be able to legally carry out its commercial, service or industrial activity. In the licence, it is established that the business complies with the conditions of habitability for the development of the activity to be carried out. It is also known as the Communication of Innocuous Activity or Responsible Environmental Declaration.

Types of Opening and Activity Licences

The current regulations governing opening and activity licences divide activities into two groups: non-classified or innocuous activities and classified or harmful activities.

Unclassified or innocuous activities

It is a licence that requires fewer verifications and documentation, therefore, the procedure is simpler as it regulates activities that are not likely to generate significant nuisances, i.e. they do not cause damage or negative impacts on the environment, do not endanger health, public or private property or people or their environment. 

For example, fashion shops, shops selling non-perishable food products, small offices, shops offering basic services, among others.

Classified activities or harmful activities

This type of opening licence is for activities that may be unhealthy, annoying or dangerous for people and the environment, and therefore require the adoption of certain health, safety and environmental measures. The procedure is longer and usually requires a complete technical project.

For example, hospitality activities, certain trades, industries and services, among others.

Who can apply for an Opening and Activity Licence?

The preparation of the technical report or project for the opening and activity licence is generally carried out by a competent, accredited and authorised technician, such as an industrial technical engineer, architect, technician; as long as this is covered by the current regulations.

Opening licences in Alicante are compulsory if you want your business to be able to carry out its activity safely. To apply for them it is important to be clear about the requirements that the business premises must meet, in order to speed up and streamline procedures. Our technical engineering office has extensive experience in obtaining all types of activity licenses, opening and responsible declaration.

The opening licence is a comprehensive document, through which we declare the conditions of activity and use of the premises. This municipal licence must be renewed whenever the object of the commercial or industrial activity changes, modifications are made to the premises, office or if the owner of the business in question changes.

We cover all types of commercial premises, industrial buildings or offices. We attend to your needs, both for innocuous and qualified activities. Our specialists in opening licences will advise you throughout the whole process, with the aim of speeding up each procedure and guaranteeing you quality work.

WHAT DOES IT TAKE TO CONDUCT BUSINESS IN BARS, INDUSTRIAL ESTABLISHMENTS, RESTAURANTS, SHOPS, OFFICES…?

The opening licence is an essential requirement to open any type of business in Spain. That is why in today’s post the technical team will focus on explaining what an opening licence consists of and what types of authorisations and permits exist.

INNOCUOUS OR NON-QUALIFIED ACTIVITIES

The Communication of innocuous activities is required for those activities that do not have any environmental impact and comply with all the requirements set out in Annex II of Law 6/2014.

The limits that the activity must not exceed in order to be considered a harmless activity and not an environmental declaration of responsibility are:

  • Maximum permitted noise level according to annex II of law 6/2014.
  • Power of installed equipment according to annex II of law 6/2014.
  • Air and fumes according to annex II of law 6/2014.
  • Air pollution according to annex II of law 6/2014.
  • Discharge of waste water in accordance with Annex II of Law 6/2014.
  • Fires according to annex II of law 6/2014.
  • Handling of hazardous substances according to annex II of law 6/2014.

There is a difference between responsible environmental declaration and communication of innocuous activities, as each one has certain requirements to be fulfilled according to the regulations. For this reason, we encourage you to consult which requirements will be necessary to open the activity you wish to carry out.

The most common harmless activities are the following:

  • Offices, agencies, offices…
  • Clothing shops.
  • Hairdressers.
  • Teaching academies.
  • Greengrocers
  • Sales of bread and pastries
  • Real estate
  • Tobacconists
  • Hardware stores

QUALIFYING ACTIVITIES

These are all those activities that are subject to an environmental assessment, differentiating between 3 typologies:

  1. Responsible environmental declaration
  2. Environmental licence
  3. Integrated environmental authorisation

RESPONSIBLE ENVIRONMENTAL STATEMENT

This procedure is required for activities with little environmental influence.  In this responsible declaration, the owner declares under their responsibility that they comply with the requirements established by the environmental regulations for the activity that is the object of the project.

In this case of declaration, the owner indicates that the activity to be carried out is not integrated within the activities included firstly in the environmental licence group and secondly in the activities included in the integrated environmental authorisation.

For which establishments is the responsible environmental declaration required?

Whenever establishments exceed any of the following limits set out in the regulations:

  • Maximum permitted noise level according to annex II of law 6/2014.
  • Discharge of waste water in accordance with Annex II of Law 6/2014.Fires according to annex II of law 6/2014.
  • Power of installed equipment according to annex II of aw 6/2014.Air and fumes according to annex II of law 6/2014.Air pollution according to annex II of law 6/2014.
  • Handling of hazardous substances according to annex II of law 6/2014.

What is necessary to process the responsible declaration?

ENVIRONMENTAL LICENCE

An environmental licence is required for activities that have a certain environmental influence, whether public or private.

For which establishments is an environmental licence dispensable?

According to law 6/2014 the establishments that need an environmental licence are:

  • Energy production industries (wind farms, gas stations, biomass production facilities, etc.).
  • Metal production and processing, mineral industries, chemical industries (metal workshops, galvanising plants, forging plants, cement plants…).
  • Waste management.
  • Paper, cardboard, cork, wood and furniture industries.
  • Textile industry.
  • Livestock industries and livestock farms (slaughterhouses, breeding farms, intensive aquaculture etc.).
  • Large warehouses (commercial warehouses with a surface area of more than 2500m2).
  • Activities for hospital use (clinics, hospitals, etc.).
  • Hotel and hospitality sector.
  • Pubs, amusement arcades…

What should an environmental licence contain?

INTEGRATED ENVIRONMENTAL AUTHORISATION

Integrated environmental authorisation is required when activities with a high level of pollution are to be carried out. The activities that fall under this authorisation in the Valencian Community are listed in Annex I of Law 6/2014 on the regulation of the opening of activities in the Valencian Community.

HOW MUCH DOES IT COST?

It will depend on the complexity of each case. As a guideline it can cost between 800€ and more.