Municipal Licensing Procedures and Regulatory Compliance

Licensing Jurisdiction and Procedure

The appropriate licensing jurisdiction lies with the municipalities. Within the municipality, that power is typically attributed to the mayor, except in cases of counties with large populations (57/2003), where it may be attributed to the plenary or the local governing board. Therefore, the possibility of licensing rests with the mayor, the plenary, or the local governing board, according to the sectoral rules that govern it, and it is delegable. The procedure for granting licenses is regulated in Article 9 of the Regulations for the Service of Local Corporations.

Intervention Licenses

The recording of licenses is a mission of the administrative police, most often performed to verify whether activities comply with required authorizations.

Construction Licenses

Monitoring and verifying work data involves a report noting the site, performer, municipal license, liability insurance, utilization, and dismantling of scaffolding. It also includes authorization for the installation of cranes, occupation of public roads with containers, and protective measures for workers, such as nets, guardrails, signs, materials, and fencing. All this information, along with any anomalies, is transmitted to the corresponding department.

Notification of Documents

In many cases, the local police are responsible for delivering notifications to the performers of the works, which may include injunctions, work stoppages, sealing of materials, or demolition communications.

Execution of Decrees

This involves enforcing decrees, such as orders to stop works until a license is obtained. When an action is taken in the execution of an intervention decree, it must be reflected in the minutes and contain:

• Date and time
• Number of agents and technicians
• Responsible profile
• Address and details of the work
• Data from the decree
• Legal liability for infringement
• Events and comments from those present
• Signatures of the performers

Control and Compliance

Follow-up is required to ensure decrees are carried into effect. If any infraction is detected, a report will be made and forwarded to the competent organ.

Paralyzation of Works

Works can only be stopped by the competent authority. However, in cases where there are no technical services, a failure to submit the license, or an objective risk to the safety of people, an interim paralyzation may be executed by agents.

Activity Licenses

This consists of the same process as construction works, involving monitoring upon actual knowledge of the opening of a store, service of documents, hearing procedures, execution of closure decrees, and ongoing control.