What are the steps to obtain the operating license?

Before setting up your company or at the time of formalizing your business, you must know what procedures or licenses you must carry out so that you can start with economic activities without having any impediment or sanction from any State entity.

In this sense, every business (large or small) that wishes to start its economic operations must request an operating license.

The operating license is the authorization granted by municipalities, both district and provincial, for the development of economic activities in an establishment that is dedicated to any economic activity, and must be obtained prior to its opening.

Who is required to have an operating license?

Individuals, legal entities, or collective entities, national or foreign, under private or public law, including State, regional, or municipal companies or entities, that carry out commercial, industrial, and/or service activities are required to obtain an operating license. manner prior to the opening, or installation of establishments in which such activities are carried out. How To Get A Business License In 6 Steps

What are the requirements to apply for an operating license?

For the granting of the operating license, the following requirements will be required at most:

► Application for Operating License, as an Affidavit.
► In the case of legal persons, you must attach the Affidavit of the legal representative or attorney stating that his power of attorney is in force, stating the Electronic Entry number and registration entry in the National Superintendence of Public Registries (SUNARP).
► In the case of representation of natural persons, a simple power of attorney signed by the principal must be attached, mandatorily indicating their identity document number, except in the case of attorneys with power of attorney registered in SUNARP, in which case an Affidavit is sufficient.
► Affidavit of compliance with building safety conditions for buildings classified as low or medium risk. In the case of buildings with high or very high risk, attach the documentation indicated in the “Regulation of Technical Safety Inspections in Buildings”.
► Special requirements: in the cases indicated below, the following requirements are required:

Affidavit of having a current professional title and being authorized by the corresponding professional association, in the case of health-related services.
Affidavit of having the respective sectoral authorization in the case of those activities that require prior to the granting of the operating license (for example, schools, universities, etc.).
In the case of property declared a “Monument of the Cultural Heritage of the Nation”, present a simple copy of the authorization issued by the Ministry of Culture, in accordance with Law 28296, General Law of the Cultural Heritage of the Nation, except in the cases in which the Ministry of Culture has participated in the stages of remodeling and monitoring of execution of works immediately prior to the application for the license of the premises.

What is the procedure to apply for an operating license?

Step 1:
Approach the municipality of your jurisdiction in order to identify if the type of business is allowed according to the established zoning and compatibility of use. For example, for obvious reasons, an operating license could not be requested for a bar, within a residential area.

Step 2:
Next, the establishment's risk level will be determined, which is determined based on the particular characteristics of each business and the function or activity to be carried out.

Step 3:
Once the establishment already has the security conditions and measures, in accordance with the corresponding technical regulations (continuing with the example of the bar: having an emergency exit, for example), the application is submitted to obtain the operating license before the corresponding municipality.

Step 4:
Thanks to the current simplified process, the operating license process can be done together with obtaining the Certificate of Technical Building Safety Inspections (ITSE), commonly known as the Civil Defense certificate, since it is this entity that issues it.

Step 5:
Finally, to obtain the operating license of a company, there are 2 scenarios depending on the level of risk:

In the case of businesses with a low or medium level of risk: The license will be issued, under the current regulation, in 2 days and later the technical inspection of safety in buildings will be carried out.
In the case of establishments with a high or very high level of risk: The license will be ready within a period of 8 days, previously passing through the technical inspection of safety in buildings.

How much does the operating license cost?

The cost will depend on the district or province where the procedure is carried out, and the size of the establishment. The prices usually oscillate between S/.90 and S/.650, and mainly include the following concepts in charge of the municipality:
- Evaluation of zoning and compatibility of use.
- Basic technical inspection carried out by the municipality.
Finally, it is important to remember that, by law, municipalities must orient people so that, prior to submitting the application for an operating license, they identify whether the establishment is consistent with the zoning and compatibility of use, and the classification of the corresponding risk level according to the Risk Matrix.