Municipal Licensing Powers and Legal Framework

The Mayor chairs the Corporation and holds the following responsibilities: (...)
9. The granting of licenses for manufacturing establishments (industrial, commercial, or otherwise) and building permits in general, unless the ordinance or sectoral laws expressly assign this to the Plenary or the Local Government Board.

It is, therefore, in principle, possible that the power to grant licenses applies to the Mayor, the Plenary, or the Local Government Board, according to the sectoral rules that govern it and its delegation.

Organization of Large Population Municipalities

In this context, it is important to note that, as stated in Title X of Law 7/1985 of April 2, Regulating the Bases of Local Government on the arrangements for the organization of municipalities with large populations (added by Law 57/2003 of December 16), the functions of the Local Government Board include: The granting of any license, unless sectoral legislation expressly attributes it to another body (Art. 127.1.e).

The procedure for granting is regulated in Article 9 of the Regulation of Services of Local Corporations.

Competence and Award Procedure

Subject to the approval schemes that correspond to other administrations according to their specific sectoral laws, the competence to license corresponds to the municipalities.

Legal Modifications and Local Entity Requirements

Mention should be made of the modification made by Law 11/1999 of April 21, which adds a new paragraph 3 to Article 84 of Law 7/1985 with the following content:

"The licenses or permits granted by other public administrations do not exempt the holder from obtaining licenses from local entities, while respecting the provisions of the relevant sectoral laws."

Within the municipality, that power can be attributed to the Mayor "unless sectoral laws expressly attribute it to the Plenary or the Local Government Board," according to the wording of Article 21.1.q of Law 57/2003 of December 16, regarding measures for the modernization of local government.

The reading of that provision should be supplemented by Article 41.9 of the Regulation on Organization, Operation, and Legal Regime of Local Entities (ROF), approved by Royal Decree 2568/1986 of November 28, which provides: