Best Licensing Lawyers in Arona

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Founded in 2002
English
Lapeña & De Benito Abogados is a Tenerife based firm founded by Ismael Lapeña and Guillermo de Benito in 2002. The practice delivers multidisciplinary legal services across civil, penal, administrative and mercantile matters, supported by a broad network of collaborators to provide coverage...
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1. About Licensing Law in Arona, Spain

Licensing in Arona is a municipal matter handled by the Ayuntamiento de Arona. Local licenses regulate the opening, operation and alterations of businesses and premises. The process combines national rules, regional planning standards, and Arona’s own ordinances. The aim is to ensure safety, urban planning compliance and public welfare.

In Arona, common licenses include apertura de establecimiento (opening license), licencia de actividad (activity permit), and licencia de obras (building works). The town hall coordinates with planning bodies to verify compliance with the Plan General de Ordenación Urbana (PGOU) and other planning instruments. Since many licenses are processed online, the framework follows national rules on administrative procedures and electronic submissions.

For residents and business owners, understanding the sequence from preliminary consultation to final grant is crucial. The municipal process requires technical documentation, site plans, and sometimes environmental or safety certifications. The licensing path can differ if you operate in holiday areas such as Los Cristianos or Playa de las Américas, where tourism regulations may apply more stringently.

Recent reforms emphasize greater transparency and digital processing. The national framework supports telematic submissions for administrative licenses, which Arona implements through its online portals. These changes aim to shorten processing times and improve document tracking for applicants.

For authoritative context, consult the Ayuntamiento de Arona and regional guidance on licensing and urban planning through official channels.

La tramitación electrónica es obligatoria para procedimientos administrativos en España desde 2016, conforme a la Ley 39/2015 del Procedimiento Administrativo Común.

Source: Gobierno de Canarias

2. Why You May Need a Lawyer

Licensing applications in Arona can involve multiple disciplines and strict deadlines. A lawyer who specializes in licensing and urban planning can help prevent delays and ensure your paperwork meets local standards. Below are concrete scenarios where legal counsel is valuable.

  • Apertura de un nuevo establecimiento de restauración en Los Cristianos requires both apertura de establecimiento and, often, licencia ambiental. A lawyer helps compile the licencia de apertura package, coordinate with safety and health inspectors, and address any objections from the ayuntamiento.
  • Cambio de uso de local comercial a un bar o cafetería demands licencia de actividad with use-class checks. An attorney ensures the proposed activity aligns with PGOU rules and avoids a later reproach or requirement to revert use.
  • Obras de reforma importante or interior alterations trigger licencia de obras and compliance with safety and urban planning norms. Legal counsel helps prepare the proyecto técnico, timelines, and coordination with the arquitecto municipal.
  • Rechazo o sanciones administrativas let you face a negative licensing decision or fines. A solicitor can file recursos de alzada or recursos contencioso-administrativos and prepare evidence and witnesses for hearings.
  • Modificaciones menores en comercio ya autorizado may require amending existing licenses. A lawyer can identify which approvals are necessary, minimize interruption to business, and manage deadlines.
  • Procedimientos telemáticos y cumplimiento normativo ensure you meet Ley 39/2015 obligations for electronic filing and document retention, reducing the risk of procedural errors.

3. Local Laws Overview

Arona operates within a layered legal framework. Below are 2-3 key laws and instruments that shape licensing in Arona, with notes on their scope and practical impact.

  • Ley 7/1985 Reguladora de las Bases del Régimen Local (LBPRL) - This foundational statute defines municipal competences, including licensing powers for opening, activities and urban planning compliance. It is a national framework that sets the basis for how local councils regulate commerce and premises. Effective since 1985, the law has been amended multiple times to reflect evolving local governance needs.
  • Plan General de Ordenación Urbana de Arona (PGOU) - The PGOU is the main urban planning instrument for Arona. It governs land use, building density, and the legitimacy of certain activities in specific zones. Any licensing decision for construction, use or modification of premises must comply with the PGOU provisions applicable to the site. The PGOU is periodically updated in response to growth, tourism pressures, and safety standards.
  • Ley 39/2015 del Procedimiento Administrativo Común de las Administraciones Públicas - This national law governs administrative procedures and establishes the framework for electronic filing, documentation requirements, and timelines. It affects how Arona processes licenses, how applicants submit documents, and how decisions are notified. The law promotes digital administration and transparency in licensing procedures.

Recent changes and practical trends - In the Canaries and in Arona, licensing workflows increasingly rely on online submissions and electronic communications, driven by Ley 39/2015 and associated regulations. This shift reduces paper handling and improves tracking of expediente administrativo. Municipalities, including Arona, have been updating their portals to support online licencias de apertura, actividad y obras.

For jurisdiction-specific guidance, you can review Arona’s licensing pages and the Canary Islands regional guidance on urban planning and licensing.

4. Frequently Asked Questions

Questions in this section use plain language and cover procedural, definitional, cost-related, and timeline aspects of licensing in Arona. Each item starts with a question and ends with a question mark.

What is the difference between apertura de establecimiento and licencia de actividad?

Apertura de establecimiento covers the general permission to operate a business at a location. Licencia de actividad focuses on the specific activity or use of the space, ensuring it aligns with zoning and safety rules. Both may be required for new businesses.

How do I apply for a licencia de apertura in Arona?

You typically submit a combined application package through the municipal portal, including plans, safety certificates, and proof of ownership. The Ayuntamiento reviews for zoning, safety, and environmental compliance before approval.

What documents are needed for a licencia de obras?

Common documents include architectural planos, proyecto técnico, cédula urbanística, and a memoria descriptiva. The specific list depends on the scope of works and the location within Arona.

How much does licensing cost in Arona?

Costs vary by license type, project size, and property location. Expect fees for proyecto, revisión, and elevated inspections. The town hall publishes fee schedules in the licensing section of its website.

Do I need a licencia ambiental for a restaurant or bar?

Many food and beverage establishments require an environmental or health-related permit, especially if waste, fumes, or noise could affect neighbors. Check both actividad and environmental requirements with Arona authorities.

How long does the licensing process typically take?

Processing times depend on license type and complexity. Simple openings may take a few weeks, while major obras or changes in use can extend to several months, particularly if inspector coordination is required.

Do I need to hire a lawyer or solicitor for licensing?

While not always mandatory, a local lawyer or legal counsel can help with document preparation, compliance checks, and appeals. A specialist reduces the risk of procedural errors and delays.

Can licensing decisions be appealed?

Yes. Applicants can usually file a recurso de alzada or other remedies within specified deadlines. An appeal requires a clear argument and supporting evidence of non-compliance or error in the decision.

What is the difference between a recurso de alzada and un recurso contencioso-administrativo?

Alzada is an administrative appeal within the same public administration. Contencioso-administrativo is a judicial challenge in the courts. An attorney can guide you on the appropriate route and timings.

Is it possible to modify an existing license after approval?

Yes, modifications may be required if the business changes activities, layout, hours or equipment. You may need to amend the licencia or submit a new expediente, depending on the scope of change.

Should I expect a site visit during the licensing process?

Site inspections are common for safety, accessibility and environmental checks. Prepare access, relevant documents, and be ready to answer inspectors’ questions about the premises and operations.

Do licenses in Arona require periodic renewal?

Many licenses have renewal obligations tied to regulatory compliance, which may include updated safety certificates or environmental permits. Track renewal dates to avoid lapses in validity.

5. Additional Resources

Use these official resources to understand licensing in Arona and to access forms and guidance.

  • Ayuntamiento de Arona - Official municipal portal with licensing information, forms, and contact details for the Licencias department. Visit: Arona.org
  • Gobierno de Canarias - Regional guidance on administrative procedures, urban planning, and business licensing relevant to Arona. Visit: Gobierno de Canarias
  • Gobierno de Canarias - Trámites y cumplimiento - Information about electronic filing and public administration requirements that affect licensing. Visit: GobiernodeCanarias.org

6. Next Steps

  1. Define the licensing package you need (apertura, actividad, obras) based on the site and proposed activity. Identify the zone and PGOU relevance early.
  2. Gather key documents, including ownership or lease details, architectural plans, safety certificates, and environmental considerations. Prepare digital copies for telematic submission.
  3. Consult a Licensing attorney or solicitor with local Arona experience to review the project scope and avoid common gaps in documentation.
  4. Submit your application via the Arona online portal, ensuring all documents are correctly labeled and signed. Track deadlines and respond promptly to any requests for clarification.
  5. Respond to inspections and obtain required safety, health, and urban planning certifications. Schedule meetings with the licensing officer if issues arise.
  6. If a license is granted or denied, consult your attorney about next steps, including any available appeals or amendments to the permit. Plan for renewal and ongoing compliance checks.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.