What it is, who must file it, when it must be submitted and what its consequences are

Opening a workplace marks the start of a new stage of activity for any business, but it also means complying with certain administrative and employment obligations. One of these is the notification of the opening of the workplace, a mandatory procedure through which the company informs the competent Labour Authority of the existence of a new workplace or the resumption of activity following certain changes.

The purpose of this notification is to ensure the authorities have the information they need to carry out their oversight functions regarding occupational health and safety, particularly in sectors where the risks to workers may be greater.

It is important to note that the notification of opening is not prior authorisation to start the activity, but a formal information obligation that the company must fulfil within the deadlines set by law.

This obligation applies regardless of the size of the company or the activity carried out, provided there is a workplace as defined by employment law.

What counts as a workplace?

For employment purposes, a workplace is considered to be any area, whether built or not, where workers must remain or which they must access because of their work.

This definition includes both permanent facilities and other spaces where the business activity is carried out, provided there is organisation and an actual provision of services by workers.

The concept of a workplace should not be confused with a simple place of work. Although the two often coincide, the place of work refers to the specific space where a person carries out their tasks, whereas a workplace has its own organisational and administrative dimension.

For this reason, a company with several workplaces must file the corresponding notification of the opening of the workplace for each one of them.

In which situations must the opening of a workplace be notified?

The company must notify the competent Labour Authority of:

• The opening of a new workplace.
• The resumption of activity after significant alterations, extensions or transformations.
• Significant changes affecting the information originally notified.

This obligation must be fulfilled even if the company has already carried out other administrative procedures linked to the start of the activity, since the notification of opening has a specific purpose tied to the oversight of occupational health and safety conditions.

Who is required to file the notification?

The obligation to file the notification of the opening of the workplace falls on the employer or the company’s legal representative, regardless of:

• the legal form of the entity;
• the number of workers;
• the sector of activity;
• the expected duration of the workplace.

Both commercial companies and sole traders must therefore comply with this obligation whenever they have workers and there is a workplace subject to notification.

What is the deadline for notifying the opening?

Current legislation (Order TIN/1071/2010, of 27 April, which replaced the previous Order of 6 May 1988) generally establishes that the notification of the opening of the workplace must be filed: before the activity starts, or within the following 30 working days from the start or resumption of the activity. This period is calculated in working days, not calendar days.

How is the notification of the opening of a workplace filed?

The notification of the opening of the workplace must be filed with the competent Labour Authority of the autonomous region where the workplace is located.

Most autonomous regions currently offer online filing systems, although the channels and forms may vary depending on the region.

The company must complete the official form and include the required information on:

• the company;
• the workplace;
• the activity carried out;
• the preventive organisation in place;
• the means of production or storage, where applicable.

Filing the notification does not require prior authorisation from the authorities. Once filed, the Labour Authority may review the information provided and request that any errors or omissions be corrected.

The company may be asked to correct them within 10 working days. If these defects are not corrected within that period, the notification will be considered not to have been made.

What information must the notification of opening include?

The notification of the opening of the workplace must contain enough information to identify both the company and the workplace where the activity is carried out.

Company details

Among other details, the following must be stated:

• Company name.
• Registered office.
• Tax identification details.
• Economic activity.
• Contact details.
• Information about the managing or collaborating entity for workplace accidents and occupational illnesses.
• Whether the company is newly created or already established.

Workplace details

The notification must include:

• Name and location of the workplace.
• Full address.
• Economic activity carried out.
• Start date of the activity.
• Social Security registration number, where applicable.
• Number of workers employed at the workplace, broken down by sex.
• Surface area of the workplace.
• Type of preventive organisation adopted by the company.

Details on production, storage and equipment

Where required by the nature of the activity, information must also be provided on:

• Installed power.
• Machinery and equipment in use.
• Activities, operations or agents listed in Annex I of the Prevention Services Regulation where special risks may exist.

Specific requirements for construction sites

Construction sites are subject to specific regulation due to the risks associated with this sector.

Where Royal Decree 1627/1997, of 24 October, setting out minimum health and safety requirements at construction sites applies, the notification of opening has certain particularities.

In these cases:

• It must be filed before work begins.
• It must remain visibly displayed on site.
• It must be updated whenever changes occur to the information originally notified.
• It is the responsibility of the employer acting as the main contractor under construction regulations.

The developer must provide the contractor with the information needed to properly comply with this obligation.

In addition to the general information, the notification of opening for a construction site must include specific details such as:

• Type and address of the site.
• Expected start date.
• Estimated duration of the works.
• Maximum expected number of workers.
• Expected number of subcontractors and self-employed workers.
• Identification of the developer.
• Identification of the designer.
• Identification of the health and safety coordinators, where applicable.
• Registration number in the Register of Accredited Construction Companies.

The corresponding preventive documentation must also be included, such as the health and safety plan or, where applicable, the risk assessment.

What happens if the notified information changes?

The company must keep the information notified to the Labour Authority up to date.

If significant changes occur after the initial notification is filed, the corresponding update must be made following the procedure established by the competent autonomous region.

This obligation ensures that the authorities always have accurate information about existing workplaces and the conditions under which the activity is carried out.

What are the consequences of not notifying the opening of a workplace?

The notification of opening is a business obligation, and failing to comply with it can lead to administrative liability.

Failure to notify, late notification, or providing incorrect information may be considered an infringement under Royal Legislative Decree 5/2000, approving the Law on Infringements and Sanctions in the Social Order (LISOS).

The seriousness of the infringement and the applicable penalty will depend on the specific circumstances of the case, the activity carried out and the possible existence of specific risks.

In activities classed as especially dangerous, unhealthy or harmful, non-compliance can be treated more seriously given the special protection required for workers’ health and safety.

A Simple Procedure With Serious Consequences If Overlooked

The notification of the opening of the workplace is an essential administrative obligation for any company starting an activity, opening new facilities or resuming activity after significant changes.

Although it is mainly an information procedure, filing it correctly ensures that the Labour Authority can carry out its oversight functions regarding occupational health and safety.

For this reason, it is advisable to review the applicable requirements in advance, prepare the necessary documentation properly, and make sure the information notified faithfully reflects the actual situation of the company and the workplace.

Complying with this obligation not only avoids possible penalties, but is also part of proper preventive and organisational management of business activity.

At Blegal we support you in the comprehensive management of your company’s employment, tax and legal obligations, including the notification of the opening of the workplace. Count on us as your legal partner to manage your organisation’s human capital. Our team of specialists provides close, personalised advice tailored to each company’s needs, from routine employment management, such as preparing monthly payroll, contracts and employment obligations, to designing complex workplace policies, equality plans and regulatory compliance strategies.

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