Set Up a Catering Company in Spain: Legal Guide for Entrepreneurs

Why Start a Catering Business in Spain?

Spain’s dynamic hospitality industry, rich culinary culture, and demand for private events and corporate catering make it an ideal place to launch a catering company. Whether you’re targeting weddings, company lunches, or tapas for tourists, the opportunities are wide-ranging.

At Borderless Lawyers, we help entrepreneurs and expats launch legally compliant catering businesses in Spain—from kitchen licensing to tax registration.


🧾 Choose the Right Business Structure

The most common structures for catering businesses:

✅ Sole Trader (Autónomo)

  • Quick setup

  • Personal liability

  • Ideal for small-scale catering or freelance chefs

✅ Limited Liability Company (SL – Sociedad Limitada)

  • Limited personal liability

  • Professional image for commercial contracts

  • Minimum share capital: €3,000

  • Suitable for mid-to-large catering operations

📌 All founders need an NIE (Foreigner Identification Number) to register.


🧑‍🍳 Licenses & Health Permits

Food businesses in Spain must comply with strict public health, hygiene, and safety regulations.

Required Permits:

  • Opening License (Licencia de Apertura): Local permit based on premises and activity

  • Food Handling License: All staff must complete food hygiene training

  • Sanitary Registration (Registro Sanitario): Mandatory if preparing meals for third parties

  • Occupational Risk Prevention Plan: Workplace health and safety compliance

💡 Home-based catering kitchens are not usually allowed for commercial food production unless zoned accordingly.


📍 Premises and Kitchen Setup

Catering kitchens must meet local and EU food safety regulations:

  • Ventilation and drainage standards

  • Non-slip floors and washable surfaces

  • Separation of raw/cooked food areas

  • Regular pest control and waste disposal

You may lease a ghost kitchen or a dedicated commercial kitchen in cities like Barcelona, Madrid, or Valencia.


📦 Suppliers and Food Transport

Ensure:

  • Supplier invoices are traceable for inspections

  • Refrigerated transport complies with cold chain standards

For alcohol service, apply for a special beverage license and register with Spain’s Excise Duty Registry.


💶 Tax Obligations and Registration

Register with the Tax Agency (Agencia Tributaria) for:

Tax Type Rate/Requirement
VAT (IVA) 10% (standard for catering)
Corporate Tax 25% for SL companies
Autónomo Tax Progressive rates if operating as sole trader

Also:

  • Register for social security contributions

  • Maintain accurate accounting records and submit quarterly tax filings


👨‍🍳 Hiring Staff

Catering companies often hire seasonal or part-time staff. You must:

  • Draft compliant employment contracts

  • Provide health & safety training

  • Register employees with Social Security

We help ensure all labor law obligations are met from day one.


📍 Locations with High Catering Demand

  • Madrid: Corporate events, embassies, and weddings

  • Barcelona: Tourism, yacht catering, exhibitions

  • Costa del Sol: Expats, private villas, destination weddings

  • Basque Country: Gourmet catering for food-savvy clientele


💬 Case Example: Italian Chef in Marbella

An Italian chef launched a high-end catering service in Marbella targeting luxury events. We helped him:

  • Register as an SL

  • Secure food handling and sanitary licenses

  • Structure his menu pricing for VAT compliance

  • Draft staff contracts and supplier agreements


🚀 Ready to Launch Your Catering Business?

Borderless Lawyers offers full bilingual legal support for entrepreneurs in the food industry.

✅ Business structure and NIE registration
✅ Catering licenses and health permits
✅ Labor and tax compliance
✅ Commercial lease reviews and contracts

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