What Requirements Do I Need to Prove in Order to Start Self-Employed Work in Spain?

We often analyse the procedures and requirements for working as an employee in Spain. In this area, the procedure is relatively straightforward: in simple terms, it requires the signing of an employment contract between the parties, the verification of the National Employment Situation (when applicable), and the accreditation of the employer's financial solvency along with the fulfilment of their tax and Social Security obligations.

However, when we delve into self-employment, the regulations require a more complex analysis. As there is no employer to guarantee hiring, the administrative, professional and economic requirements fall entirely on the entrepreneur or self-employed professional.

Because this procedure often generates doubts and can seem more vague on paper, we have prepared this guide dedicated exclusively to detailing all the requirements you must prove to start your economic activity as a self-employed worker in Spain.

📜 Where Is It Regulated?

• Organic Law 4/2000, of 11 January, on the rights and freedoms of foreigners in Spain and their social integration.

• Royal Decree 1155/2024, of 19 November (Immigration Regulations).

• Law 12/2012, of 26 December, on urgent measures for the liberalisation of trade and certain services.

🔍 Checklist for Starting a Business

To start a business in Spain, you will be required to prove the following:

1. Licences and viability of the premises

2. Qualifications and professional experience

3. Business plan and investment

These last two points can be replaced by an "Assessment Report" issued by a representative organisation in the sector. We summarise it all for you below.

🏢 Licences and Viability of the Premises

In accordance with Article 84 of Royal Decree 1155/2024, strict compliance must be given to the current sectoral and town planning regulations required of Spanish nationals for the opening and correct operation of the establishment or activity:

Retail Activities (Simplified Option)

This category is designed to speed up the opening of traditional businesses that sell directly to the public, do not generate serious nuisances (such as noise or fumes) and are of moderate size (up to 750 square metres). Examples include clothes shops, hair salons, grocers, and other retail activities.

• Scope of application: Retail activities included in the Annex to Law 12/2012, carried out in premises with a useful floor area equal to or less than 750 square metres.

• Mechanism: In these cases, it will not be necessary to present prior works and installation licences; where appropriate, a copy of the responsible declaration or prior communication formally submitted to the Town Hall of the municipality where the establishment is located must be provided (Article 69 of Law 39/2015).

• Municipal fees: Proof of payment of local tax fees linked to the responsible declaration or opening.

Other Activities and Installations

This includes businesses which, either because of their size or because of their nature (noise, health, safety, environmental impact), require stricter prior control by the administration. Examples include large supermarkets, restaurants, bars, dental clinics, mechanical workshops, among others.

• Scope of application: All other activities, i.e. both retail activities included in the Annex to Law 12/2012 with a useful floor area of more than 750 square metres, or when dealing with any other type of professional activity that requires the application for authorisations or licences. 

• Mechanism: In this case, an explanatory document must be submitted, listing in detail all the authorisations and licences required by state, regional and municipal regulations, as well as the certificates or receipts of applications formalised before the competent bodies.

• Municipal fees: Proof of payment of local tax fees linked to the application for professional authorisations or licences.

🎓 Qualifications and Professional Experience

In accordance with the provisions of Article 84 of Royal Decree 1155/2024, the applicant must reliably prove their technical and legal aptitude for the exercise of the planned economic or professional activity. There are two main ways to prove this requirement: 

Training and Formal Qualification

• Technical training: Proof of the necessary skills through higher education degrees, professional certificates or technical diplomas from regulated training.

• Homologation of foreign qualifications: When the professional activity to be carried out corresponds to a regulated profession in Spain (for example, health, legal or engineering professions), it is imperative to provide the favourable resolution of homologation or formal recognition of the qualification issued by the competent Ministry in Spain.

• Compulsory registration with a professional association: In those professions where Spanish legislation requires membership of a Professional Association as a prior condition for employment, the certificate or firm commitment of registration issued by the corresponding professional institution must be presented.

Proven Professional Experience

In the event of not holding a specific formal academic qualification or when the profession is not regulated, the foreign national must demonstrate sufficient and continuous prior professional experience in the sector.

Some of the admissible means of proof are work history certificates issued by official foreign bodies, previous employment contracts, certificates from previous companies or certificates of self-employed practice in the country of origin/previous residence.

⚠️ Legalisation and Translation: All documentation of foreign origin must be legalised or apostilled, and translated into Spanish if it is not already. Take a look at our blog post entitled “The legalisation and translation of documents”.

📊 Business Plan and Investment

Regulated in Article 84 of Royal Decree 1155/2024, the applicant must technically substantiate the financial sustainability of the project and their financial capacity:

Descriptive Report or Project Establishment

• Technical description of the activity: This must contain the detailed identification of the good or service, market analysis, commercial strategy and competitors.

• Financial study: It is important that it contains a detailed breakdown of the initial investment required, depreciation table, provisional profit and loss account, liquidity analysis and estimate of the break-even point.

Proof of Financial Resources and Investment

• Availability of own funds: Proof of available liquid funds must be presented by means of original bank balance certificates in the applicant's name.

• Third-party financing: If applicable, firm commitments to grant loans or financing instruments issued by financial institutions may also be submitted.

🫱🏻‍🫲🏾 Alternative Route: Assessment Report

It is common for doubts to arise about how to document professional qualifications and the financial viability of the investment.

The regulations establish that, regardless of being able to justify these points by means of documentation, the requirements of professional qualification and sufficiency of the investment/job creation can be accredited jointly by means of an "Assessment Report".

This report acts as a simplified method of proof and must be issued by one of the following representative organisations:

• National Federation of Associations of Entrepreneurs and Self-Employed Workers (ATA).

• Union of Professionals and Self-Employed Workers (UPTA).

• Intersectoral Confederation of Self-Employed Workers of the Spanish State (CIAE).

• Organisation of Professionals and Self-Employed (OPA).

• Union of Associations of Self-Employed Workers and Entrepreneurs (UATAE).

Get in touch with an organisation that has an office near your home, either by phone, internet or in person, to find out how to carry out the process for preparing the report. They usually have low-cost or subsidised programmes that will guide you and help you structure the start of your activity as a self-employed worker and justify your application to the Immigration Office.

⭐️ Traam can help you with the management of your immigration procedure, to start your activity as a self-employed worker with guides and support from our legal team. Entrusting the management of your permit to us will make the experience easier and faster, ensuring there are no errors in your application. If you have any questions, you can contact us and we will do our best to help you.