Open a HORECA Business in Spain: Legal Guide for Foreign Investors

Why Start a HORECA Business in Spain?

Spain’s thriving tourism sector, vibrant culinary scene, and strong demand for hospitality services make it one of Europe’s most promising markets for HORECAHotels, Restaurants, and Cafés.

Whether you’re launching a boutique hotel, a tapas bar, or a specialty coffee shop, the Spanish market welcomes innovative international entrepreneurs.

🌟 Fast Facts:

  • Over 80 million international visitors annually

  • Strong urban and coastal hospitality demand

  • Favorable climate and culture for year-round business

  • Popular destinations: Barcelona, Madrid, Valencia, Marbella, Seville


🏗️ Step-by-Step: How to Open a HORECA Business in Spain

1️⃣ Choose a Legal Structure

Most foreign investors choose one of the following:

  • Sociedad Limitada (SL) – Limited Liability Company (most common)

  • Autónomo – For sole traders or small-scale operators

  • Branch of a foreign company – Requires additional filings

📌 We recommend forming an SL for liability protection and business credibility.


2️⃣ Obtain a Spanish NIE and NIF

You must secure:

  • NIE (Número de Identidad de Extranjero) – for personal identification

  • NIF (Número de Identificación Fiscal) – for tax purposes

📝 We assist you with NIE/NIF application and registration.


3️⃣ Find a Compliant Commercial Property

HORECA premises must meet:

  • Health & Safety Codes

  • Zoning and Land Use Laws

  • Ventilation, accessibility, and fire safety standards

🔍 We review your lease or purchase agreement to ensure compliance before you invest.


4️⃣ Secure All Required Licenses

You may need several local and regional permits:

  • 🧾 Opening License (Licencia de Apertura)

  • 🍷 Food Handling Authorization

  • 🍻 Alcohol Serving License

  • 🎶 Noise and Music License (if applicable)

  • 🪑 Outdoor Terrace License (for sidewalk seating)

🛠 Borderless Lawyers coordinates license applications with your local Ayuntamiento (city hall).


5️⃣ Register for Taxes and Social Security

  • Corporate Tax Registration (IS)

  • IVA (VAT) Registration – Required for most services and sales

  • Social Security Enrollment – For both owners and employees

💼 If hiring, ensure employment contracts meet Spanish labor law standards.


6️⃣ Comply with Employment & Labor Regulations

Spain has strict labor protections. Your obligations include:

  • Written contracts and fair wages

  • Registration with Tesorería General de la Seguridad Social (TGSS)

  • Payroll setup and quarterly tax filings

  • Training and workplace insurance

👷 We provide employment contract templates and labor law guidance.


📋 HORECA Sector Compliance Checklist

✅ Lease or purchase agreement reviewed
✅ Zoning verified
✅ Opening license filed
✅ Health & food safety permits obtained
✅ Business registered with the Spanish Mercantile Registry
✅ Accounting and tax systems in place
✅ Insurance for premises and liability


💡 Case Example

Client: An entrepreneur from Canada wanted to open a Mediterranean fusion restaurant in Valencia.

Our Solution:

  • Formed an SL with two foreign shareholders

  • Secured NIEs and handled Mercantile Registry filings

  • Guided zoning and renovation approvals

  • Filed food, alcohol, and opening licenses

  • Helped hire and onboard staff legally

📈 Result: Restaurant launched in under 6 months with full legal compliance.


🌍 Why Work with Borderless Lawyers?

We help foreign entrepreneurs start, scale, and succeed in the Spanish HORECA industry.

✔️ English-speaking lawyers
✔️ Transparent fixed fees
✔️ Local market insights
✔️ Full licensing and incorporation support


🚀 Ready to Launch Your HORECA Venture in Spain?

Let’s turn your hospitality idea into a thriving business. From business formation to health permits, Borderless Lawyers handles every legal detail so you can focus on what matters—serving guests and growing your brand.

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