License for provisional uses and works

What is a provisional use and work permit?

In Catalonia, provisional use and work permits allow temporary activities or constructions on land where the final use has not yet been established or is incompatible with the current urban planning regulations. These permits are temporary in nature and require the cessation of the activity and the restoration of the works to their original state once the authorized term has expired or when required by the administration, without the right to compensation. The authorized works must be the minimum necessary for the development of the provisional use and must be easily removable and transferable.

How is it processed?

In Barcelona, the process to apply for a provisional use and work permit can be done through the Virtual Office of the Electronic Headquarters of the City Council. This procedure allows for obtaining authorization to carry out temporary uses and works on properties or plots where temporary actions are planned.

It is important to note that the resolution of these permits must occur within two months if a project is required, or one month if a technical report is required. These deadlines may be reduced by municipal ordinances and extended if mandatory reports from other public administrations are needed.

For processing these permits, it is necessary to submit:

• Application for provisional work and use permit.
• Technical project or descriptive and justified memorandum of the provisional nature of the use and the work.
• Registry and cadastral reference of the affected property.
• Responsible declarations:
  • Acceptance by the owners and managers or operators of the uses and works to cease the uses and dismantle or demolish the works when the acting administration decides (without the right to compensation for any reason).
  • Commitment by the applicant to restore the altered situation caused by the requested uses and works to its original state.
  • Express commitment to inform about the provisional nature of the authorized uses and works and their effects when a legal transaction is formalized with third parties.

Why the temporality of the provisional permit?

Recently, the City Council of Barcelona has been putting more emphasis on provisional use and work permits because it wants to ensure that activities implemented in certain areas are compatible with the current urban planning regulations and do not compromise the future planning of the city. There are several reasons why this permit is being requested more frequently for the opening of new activities:

1. Areas in urban transformation: In Barcelona, there are many areas with pending plans (such as urban renewal areas or spaces under development). In these cases, activities can only be authorized on a temporary basis until the final plan is executed.
2. Uses not foreseen in the current planning: When an activity does not perfectly fit the urban classification of a space but does not generate a negative impact, it is allowed on a provisional basis while the planning is reviewed or regulatory changes are proposed.
3. Need to ensure reversibility: The City Council wants to ensure that activities do not generate a consolidated right and can be easily dismantled if the planning changes or the planned urbanization is developed.
4. Tighter control over certain activities: There is a trend to better regulate certain sectors, such as local commerce, restaurant spaces, or emerging activities (markets, cultural initiatives, etc.), to avoid negative impacts on sensitive neighborhoods.
5. Implementation of new urban planning regulations: The City Council has been updating urban planning and licensing regulations to adjust to the new criteria for sustainability, mobility, and land planning, which means that certain activities require special approval.

This means that, in many cases, even if you want to open an activity in a specific location, if it does not fully comply with the urban classification of the space, you may be asked for this provisional permit while the land use is better defined or a decision is made on whether the activity will be allowed permanently.