A municipal commercial license (habilitación) is the administrative permit required to conduct commercial, industrial, or service activities at a physical establishment. Without a license, a business operates in breach of regulations and is exposed to closure/suspension, fines, and the inability to regularise other aspects of its operations (effective tax registration, contracting, insurance). Each municipality has its own regulatory regime. In CABA, AGIP and the AGC (Government Control Agency) administer licenses under the City's Commercial License Code and related regulations.
We advise on initial applications, transfers, expansion of permitted activities, defence against closures, appeals against denials, and the regularisation of pre-existing situations. We coordinate with architects, engineers, administrative agents, and accountants to ensure the file advances with the correct documentation from the outset.
Licenses are categorised by activity: retail trade, food and beverage (restaurants, bars, cafés), offices and professional services, industry, warehousing, entertainment venues, accommodation, healthcare, and education. Each category carries specific requirements regarding building standards, safety, sanitation, fire prevention, accessibility and, in some cases, sectoral authorisations (food, healthcare, education) in addition to the municipal license.
The Commercial License Code (Executive Decree-Ordinance No. 33,266/56 as amended, integrated with Law 6,043 and the Building Code) governs the matter. Proceedings are conducted through the TAD-CABA platform. Typical documentation includes: architectural plans, certificate of habitability, evacuation plan, fire detection and prevention system, final certification, and certificate of no outstanding debts. For food-related activities, additional requirements include health and sanitation booklets, a waste management plan, and food safety certifications.
The AGC (Government Control Agency) may preventively suspend premises in cases of serious risk or where they are operating without a license. A closure order is subject to administrative appeal and judicial review. Speed of response is decisive in avoiding the accumulation of financial losses.
A full denial or compliance notices (formal demands to regularise) can be challenged. A combined appeal strategy alongside compliance with the required observations can, in many cases, put the application back on track.
The purchase of a going concern (fondo de comercio) or the transfer of a commercial license is subject to specific rules (Law 11,867 at the federal level and the applicable local regime). A thorough review of encumbrances, debts, and outstanding compliance notices is essential.