As a consequence of the latest regulatory changes regarding the processing of Opening of Activities in the City Council of Madrid, the Responsible Declaration is the general procedure to open, modify or carry out works in a new or existing activity.
The Responsible Declaration is a document signed by an interested party in which he/she declares, under his/her responsibility, that he/she complies with the requirements established by the regulations in force for access to the recognition of a right or faculty or for its exercise, that he/she has the documentation that proves it and that he/she undertakes to maintain his/her compliance during the period of time inherent to such recognition or exercise.
1. ACTIONS SUBJECT TO RESPONSIBLE DECLARATION
In general, the exercise of activities will be subject to a Responsible Declaration, in particular the activities reflected in art. 14 of the OAAE:
The implementation, modification and exercise of activities included within the scope of application of the Law 2/2012, of June 12, 2012, on the Revitalization of Commercial Activity in the Community of Madrid, with the execution of any type of works, including those that require a technical project for building works in accordance with the provisions of the Article 2.2 of Law 38/1999, of November 5, 1999, on Building Regulation, or without construction work.
The implementation, modification and exercise of activities included within the scope of application of the Law 12/2012, of December 26, 2012, on Urgent Measures for the Liberalization of Trade and Certain Services.not included in the previous point, and those included in Annex I, with the execution of works that do not require a technical project for building works in accordance with the provisions of the Article 2.2 of Law 38/1999, of November 5.
The implementation, modification and exercise of public entertainment and recreational activities, when voluntarily chosen by the owner, in accordance with the provisions of the ninth additional provision of Law 17/1997, of July 4, 1997, on Public Entertainment and Recreational Activities of the Community of Madrid.
The implementation and modification and the exercise of all those activities not subject to prior license in accordance with the provisions of Article 25, with works that do not require a technical project of building works in accordance with the provisions of Article 25, with works that do not require a technical project of building works in accordance with the provisions of Article 25. Article 2.2 of Law 38/1999, of November 5.
The execution of works that do not require a technical project for building works in accordance with the provisions of the Article 2.2 of Law 38/1999, of November 5, 1999, in any economic activity with a license or declaration, provided that they do not give rise to the modification of the same in accordance with the provisions of the article 10.
Likewise, in accordance with Annex I of the Ordinance, the following activities may be processed by responsible declaration when the necessary works do not require a building project, in accordance with the provisions of Law 38/1999, of November 5, 1999, on the regulation of building:
Warehouses for the distribution service of non-polluting and non-hazardous goods and industries not included in Article 25.
Medical offices not subject to environmental assessment of activity in accordance with point 23 of Annex III, without hospitalization and minor surgery and without treatment or diagnostic facilities of those indicated in Article 2.j) (radiology, radiotherapy, nuclear medicine), opticians, pharmacies.
Gymnasiums, sports facilities, swimming pools without bleachers.
Any kind of office.
Commercial and service activities occupying individual premises in municipal markets managed under concession.
Expansion of existing activities with others compatible with it, provided that the latter are within those that can be processed by responsible declaration. Complementary activities will be included.
Transformer stations on private land.
2. ACTIONS NOT SUBJECT TO RESPONSIBLE DECLARATION
They are excluded from the responsible declaration regime:
Actions involving private use or occupation of public property, except for the activities included in section 5 of Annex I.
Actions affecting to properties declared as Assets of Cultural Interest with individualized declaration, to properties included individually in the inventory of Cultural Assets of the Community of Madrid, as well as to properties catalogued within the maximum level of protection in the applicable urban planning, unless any of the activities listed in section 2 are already being carried out therein, provided that the protected elements are not affected.
Works that require a building works project, in accordance with Law 38/1999, of November 5, except in the cases indicated in Law 2/2012, of June 12, for the Revitalization of Commercial Activity in the Community of Madrid.
The actions that are subject to prior license.
The interested party shall submit to the ECU SCIthe request for Responsible Declaration of Liability duly The completed application form, together with proof of payment of the price, and the urban planning and technical documentation that accredits the compliance and suitability of the action in accordance with the provisions of the 16 and 17 of the OAAE, if possible telematically.
SCI will ALTER the file in its computer system connected in real time with the computer services of theMadrid City Council, thus officially registering the application form together with the accompanying documentation duly digitalized and filled out.
The effects of the responsible declaration will be produced from the moment it is received at the Registry of the Madrid City Council.
Within 10 days from the registration of the application, SCI will formally verify the documentation and whether it is among those that can be processed by this procedure.
If the result of the verification is favorable, a certificate of conformity will be issued and registered at the Madrid City Council together with all the documents accompanying the responsible declaration.
If the result of the verification is unfavorable, this fact shall be communicated to the owner and to the City Council.
Once SCI has been notified of the start date of the activity or, if applicable, the date of completion of the works, the compliance of the activity with the applicable regulations will be verified. The verification visit will be carried out according to the surface of public use of the activity within a maximum period of 3 or 6 months from the communicated date of commencement of the activity or completion of the works.
The corresponding inspection report will be drawn up from the act of verification, the result of which may be favorable, conditional or unfavorable. If it is favorable, the procedure will be terminated, and if it is unfavorable depending on the nature of the deficiencies, the activity may or may not be continued, if the report is conditioned because non-essential deficiencies have been detected, for which the interested party will have a maximum period of three months to remedy them, or the activity may be terminated and penalties may be imposed by the Madrid City Council in the event that essential deficiencies are detected.
In the case of public entertainment and recreational activities, the material verification will be carried out exclusively by the municipal technical services.
4. RESPONSIBLE STATEMENT WITH REPORT OF COMPLIANCE WITH THE APPLICABLE REGULATIONS
Prior to the formal presentation of the Responsible Declaration, the interested party may request SCI, in accordance with 17.3 of the OAAE and upon payment of the procedure fee, to issue a report on the compliance of the intended action with the applicable regulations. Said report will not increase the cost of processing the Responsible Declaration.
To this end, SCI will proceed to the technical and formal review of the documentation provided, proceeding to indicate to the client, if necessary, the missing documentation as well as those points that need to be modified in order to adapt to the applicable urban planning regulations.
SCI will have a period of 1 month to issue the Report, during which it will make the necessary corrective measures to achieve a favorable report.
Once this favorable report has been obtained, the interested party will be asked to send the duly completed and signed declaration of responsibility.
Once the Responsible Declaration has been received, SCI will proceed to register it with the Madrid City Council together with all the documentation provided, and to continue the general procedure for issuing the corresponding certificate of conformity and the subsequent performance of the material verification visit.
5. APPLICABLE REGULATIONS AND DOCUMENTATION TO BE SUBMITTED
At the time of requesting a quotation for the intended action, the ECU SCI provides all the forms and documents that are necessary to complete the registration of the files.
However, if you wish to download them beforehand, you can do so from the Madrid City Council website.
Request for Urban Planning Consultations
Request for Responsible Declaration
Tax on Construction, Installations and Works (ICIO)
Request for occupation of public roads (sacks, containers, fences, etc.)
You may also consult the applicable regulations corresponding to the intended actions in this link.
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