Best Licensing Lawyers in Maspalomas

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Founded in 2017
5 people in their team
English
Mérita Legal, led by Dunia Cubas Diaz, is a Canary Islands based boutique law firm with more than twenty years of professional experience across civil law, family law, criminal law and international law, and a strong specialization in Real Estate and common property matters. The firm has built a...
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1. About Licensing Law in Maspalomas, Spain

Maspalomas is located in the municipality of San Bartolomé de Tirajana in the Canary Islands. Licensing for businesses and property changes is primarily managed by the local Ayuntamiento (town hall) within the framework set by national and regional laws. In practice, this means you must obtain various licenses before launching or changing a business or using a property for a new activity.

The licensing process covers activities such as opening a commercial establishment, obtaining building permits for renovations, and ensuring compliance with health, safety, and environmental requirements. Local rules are implemented through urban planning plans (Plan General de Ordenación) and activity regulations published by the Ayuntamiento. Knowing which licenses you need and how to apply can prevent delays and penalties.

Administrative procedures affecting licensing have increasingly moved toward electronic processing. National laws require digital applications and notifications, while regional authorities offer online portals for certain steps. A local lawyer can help you navigate these requirements quickly and accurately for Maspalomas and the wider San Bartolomé de Tirajana area.

Source: BOE - Leyes governing administrative procedure and public sector licensing
Source: BOC - Canarias official gazette for regional and municipal licensing notices

2. Why You May Need a Lawyer

  • Opening a bar in Playa del Inglés requires a licencia de apertura and possibly additional licenses related to noise, occupancy, and outdoor seating. A lawyer helps compile the correct documentation, liaise with the Ayuntamiento, and anticipate inspections to avoid delays.
  • Refurbishing a shop to operate as a restaurant needs a licencia de obras and a modified licencia de actividad. Every change in use may trigger new regulatory checks on safety, capacity, and accessibility, which a solicitor can coordinate.
  • Renting tourist apartments or villas often requires an activity license and compliance with local tourism and safety rules. A legal adviser ensures you meet all municipal and Canary Islands requirements before listing properties for rent.
  • Installing terraces or outdoor advertising can demand separate licenses for terraces (terraza) and signage (Publicidad exterior). An attorney helps with the applications, fees, and any neighborhood objections or sanctions.
  • Facing a licensing deficiency or enforcement action by the Ayuntamiento for non compliance or alleged violations. A lawyer can prepare a defense, file remedies, and negotiate corrective steps to minimize penalties.
  • Changing ownership of a licensed business or transferring permits due to a sale. A solicitor coordinates the transfer, verifies that licenses remain valid, and handles notifications to authorities.

3. Local Laws Overview

Licensing in Maspalomas is shaped by both national public administration laws and Canary Islands regional regulations, plus the specific urban planning rules of the local municipality. The following laws are commonly cited as part of the framework for licensing processes in Spain and the Canary Islands:

  • Ley 7/1985 Reguladora de las Bases del Régimen Local - foundational law that defines municipal powers to regulate licenses and permits.
  • Ley 39/2015 de Procedimiento Administrativo Común de las Administraciones Públicas - governs administrative procedures including licensing, with an emphasis on electronic processing.
  • Ley 40/2015 de Régimen Jurídico del Sector Público - structural rules for public sector administration, including licencing workflows and transparency.
  • Ley 38/1999 de Ordenación de la Edificación - relevant to building licenses and construction project compliance.

Recent trends include increased digitalisation of applications, standardised timelines for processing, and stronger emphasis on environmental and urban planning compliance. These changes are reflected in national and Canarias level guidance and are implemented through local ordinances in Maspalomas.

Source: BOE - Ley 7/1985; Ley 39/2015; Ley 40/2015; Ley 38/1999
Source: BOC - Canarias official gazette for regional and municipal licensing notices
Source: Gobierno de Canarias - regional guidance on tourism, urbanismo, and environment affecting licensing

4. Frequently Asked Questions

What is a licensing process in Maspalomas?

A licensing process authorises you to operate, renovate, or repurpose a business or property. It is issued by the local Ayuntamiento and may involve several steps including documentation, inspections, and fees.

How do I start a licencias de apertura in Maspalomas?

You begin with a pre-licencia check, gather documents (proof of ownership, safety plans, licenses), submit online or in person, and await a technical report from town planners. An attorney helps assemble a complete dossier.

When will my building works license be approved?

Where do I apply for licenses in Maspalomas?

Applications go to the Ayuntamiento de San Bartolomé de Tirajana. Many steps are handled through the municipal online portal, with physical submissions possible at the town hall.

Why should I hire a lawyer for licensing in Maspalomas?

A lawyer understands local ordinances, can anticipate common issues, negotiates with authorities, and helps prevent costly delays or penalties during the process.

Can I operate a tourist rental without a license?

No. Operating tourist rental properties typically requires specific licenses and registration with local authorities. A lawyer ensures you meet all local and regional requirements.

Should I hire a Maspalomas local solicitor or a national firm?

A local solicitor knows the Maspalomas and Canary Islands context, including the Ayuntamiento's procedures and inspectors. A local specialist often resolves issues faster.

Do I need multiple licenses for signage and outdoor seating?

Yes. Signage and outdoor seating usually require separate licenses or authorisations, in addition to the basic licencia de apertura or actividad.

Is electronic filing mandatory for licensing?

Electronic filing is strongly encouraged and often required by national laws. Many Canary Islands and Maspalomas processes are accessible online with digital documents.

How much do licensing fees typically cost in Maspalomas?

Fees vary by license type, project scope, and location. Expect a base administrative fee plus any technical inspection or environmental assessment costs.

What is the typical timeline for approval of licencias de apertura?

Average timelines range from 6 to 12 weeks for straightforward cases, longer for establishments with multiple activities or complex renovations.

Do I need special licenses for environmental compliance?

Some activities may require environmental assessments or a RAMNP-type review, depending on size, location and impact. A lawyer can determine whether this applies to your case.

Is there a difference between a license and a permit?

Yes. A license generally authorises ongoing activity, while permits cover specific actions (like building works or terrace installation) within a defined scope and time.

Can I appeal a licensing decision?

Yes. You can file remedies or appeals if a license is refused or conditions are imposed that you find unfair. A lawyer guides you through the appeal steps and deadlines.

5. Additional Resources

  • Boletín Oficial de Canarias (BOC) - Official regional gazette publishing licensing notices, urban planning ordinances, and regulatory changes in the Canary Islands. Visit site.
  • Gobierno de Canarias - Regional government guidance on urbanismo, turismo, and environmental compliance affecting licensing processes. Visit site.
  • Oficina de Atención al Ciudadano del Ayuntamiento de San Bartolomé de Tirajana - Local licensing office responsible for processing licenses in Maspalomas and nearby areas.

6. Next Steps

  1. Define your licensing needs and list all licenses you might require (opening, works, signage, terrace, etc.). Do this before contacting a lawyer. Timeline: 1-2 days.
  2. Gather essential documents such as property deeds, plans, safety certifications, and any existing licenses. Timeline: 3-7 days.
  3. Consult a Maspalomas licensing lawyer with local experience and a clear fee structure. Schedule a 60-minute initial consultation to assess your case. Timeline: 1-2 weeks to meet and review.
  4. Request a written engagement letter detailing scope, fees, and milestones. Timeline: within 7 days of the initial meeting.
  5. Prepare and file applications with the Ayuntamiento under the lawyer's guidance, ensuring all documents are complete. Timeline: 2-6 weeks depending on license type.
  6. Track progress and respond to requests from authorities promptly, with your lawyer coordinating any amendments or additional information. Timeline: ongoing until approval.
  7. Review decisions and plan next steps after approval, including compliance calendars, renewals, and any post-approval conditions. Timeline: ongoing, with annual reviews as needed.
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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.