Editorial transparency and use of artificial intelligence
This article forms part of the CostaLuz Lawyers blog and is published for general informational and educational purposes only. It was prepared with the assistance of artificial intelligence tools and, before publication, was substantively reviewed and editorially approved by Maria de Castro, a Spanish-qualified lawyer registered with the Cádiz Bar Association under number 2745, founder of CostaLuz Lawyers and the person responsible for the editorial review of the published content.
This article does not constitute legal, tax, immigration, employment, estate-planning or investment advice and does not replace an individual assessment and the professional work of the appropriate CostaLuz Lawyers specialist. No action or omission should be based solely on this information.
The building and the business are the easy part of buying a restaurant or bar in Spain — the licences attached to the premises are what actually decide whether you can open on day one or wait months.
Existing licences are an asset — if they match your plans
Buying a premises with a valid, matching activity licence already in place can mean approval to continue in under a week. Starting the same process from scratch, without an existing licence, typically takes one to three months instead — the single biggest practical difference between buying an established business and opening a new one.
A cafe’s licence is not a restaurant’s licence
If the previous business only operated as a cafe, its licence may not cover cooking hot meals or serving alcohol. Confirming exactly what the existing licence permits — and upgrading it if necessary — is essential before assuming you can simply continue where the previous owner left off.
The core licences you actually need
A licencia de apertura (to open or change the use of the premises), a licencia de actividad (confirming your specific activity is lawful under planning, sanitary and environmental rules), a separate sanitary licence for food service, and a distinct licence for selling alcoholic beverages — all typically required before a restaurant or bar can legally operate.
Zoning can override what the premises looks like
Confirm the local urban plan actually permits restaurant use at that specific address. A commercial-looking premises is not automatically zoned for food service, regardless of what business previously ran there.
Residential buildings add another layer
If the premises sits within a residential building, check the community of owners’ bylaws — some communities restrict or prohibit commercial activity outright, which can mean needing explicit community permission before the licence itself can even be pursued.
Call us today on +34 919 499 342 or email marialuisa@costaluzlawyers.es to have a restaurant or bar’s licences verified before you commit to the purchase.
Frequently Asked Questions
If I’m buying an existing restaurant, do I inherit its licences automatically?
Not automatically as a right, but a valid existing licence for the same activity is the single biggest advantage of buying an established restaurant — if the licence genuinely covers what you intend to do, approval to continue can take under a week, while starting from scratch typically takes one to three months.
What if the previous business was only a cafe, not a full restaurant?
That matters a great deal — a licence for a cafe does not automatically cover cooking hot meals or serving alcohol, so you would need to confirm, and potentially upgrade, the licence to match what you actually intend to serve.
What are the core licences involved?
Typically a licencia de apertura (to open or change the use of the premises), a licencia de actividad (confirming the specific activity is lawful under planning, sanitary and environmental rules), a separate sanitary licence for food service, and a distinct licence for selling alcoholic beverages.
Does the building’s zoning matter?
Yes — confirm the local urban plan (Plan General de Ordenacion Urbana) actually permits restaurant use at that address, since not every commercial-looking premises is zoned for food service, regardless of what previously operated there.
What if the premises are in a residential building?
Check the community of owners’ bylaws — some residential buildings’ statutes restrict or prohibit commercial activity, and in that case you may need explicit community permission before the licence can even be pursued.
If you’re taking over an existing lease rather than buying the business outright, our guide to what traspaso actually means explains the distinction.
For a very different kind of commercial premises, see our guide to buying an industrial unit (nave) in Spain.
If you’re also weighing office space, our guide to buying vs leasing office space in Spain covers the tax difference that changes the comparison.