Four filters any premises must pass before opening a club
The premises of a cannabis social club must simultaneously meet four types of requirements. Planning compatibility: the use of the premises must be permitted in that area under the municipality’s planning rules. Municipal authorisation: opening licence, prior notice or responsible declaration, depending on the municipality. Minimum distances: compliance with the distances set by local regulations in relation to schools, healthcare centres or other facilities. Technical requirements: adequate ventilation, acoustic conditions, electrical installation, maximum occupancy and accessibility. There is no specific national regulation for CSC premises: everything depends on the municipality. That is precisely why choosing and preparing premises is one of the steps where the most mistakes are made throughout the club-opening process.
If there is one step in opening a club where managers make the most mistakes with the most serious consequences, it is choosing the premises. Not because they do not consider it important, but because they do not know exactly what to check before signing.
Most managers who come to me with premises-related problems tell me versions of the same story: they found a place, they liked it, the price was reasonable and they signed. Then they discovered that the use was not compatible, that the distance requirements were not met, or that obtaining the activity licence was far more complicated than they expected. In some cases, those problems can be corrected with time and money. In others, they mean having to start from scratch.
This article does not replace the specific analysis of each premises in each municipality, which is essential before making any decision. What it does is explain the general framework so that anyone looking for premises knows what questions to ask and what to check before reaching that analysis. If you are in the club formation phase and want to understand the full process, the article on how to create a cannabis social club in Spain is the starting point.
The four filters every premises must pass
Before going into the details of each requirement, it is helpful to have the full picture clear. Premises that fail any of these four filters are not suitable for a club, regardless of whether they are attractive, well located or reasonably priced.
Each municipality’s urban planning determines which uses are permitted in each area. Premises in a purely residential zone may not allow activities open to the public. Without planning compatibility, the rest of the requirements are irrelevant.
Opening licence, prior notice or responsible declaration depending on the municipality and the type of activity. Without this authorisation, the club operates in a state of permanent exposure to any inspection.
Each municipality may set minimum distances from educational, healthcare, religious or other premises with similar activities. They are not uniform across Spain and must be checked in the applicable local regulations.
Ventilation, acoustics, electrical installation, maximum occupancy, accessibility and fire protection. These are the same requirements imposed on any premises with a similar activity and are not directly related to cannabis.
What I try to convey when someone asks me what premises a club needs is that these four filters are neither optional nor negotiable. You cannot offset failure in one with excellence in another. I have seen premises with perfect ventilation and an impossible-to-obtain licence. I have seen premises with a valid licence but with a distance issue that nobody had checked. Verification must be carried out on all four fronts, and it must be done before signing any lease agreement.
Filter 1: planning compatibility. The first step, always
Each municipality’s urban planning divides the territory into zones with different permitted uses: residential, commercial, industrial, facilities, etc. Within each zone, the plan establishes which activities may be carried out and which may not. Premises located in a purely residential zone may not allow activities open to the public. Premises in a commercial zone may have restrictions on the type of activity.
For a cannabis social club, planning compatibility is the first filter because without it the rest of the analysis is unnecessary. Premises that are not compatible with the activity under planning rules cannot obtain a licence, regardless of whether they meet all other technical requirements.
Planning compatibility is verified by consulting the General Urban Development Plan (PGOU) or the equivalent planning instrument in each municipality. In most town halls, this can be done online or in person at the planning department. The result must be documented before proceeding with any other steps.
What “compatible use” means in practice
There is no “cannabis social club” category in any Spanish urban planning instrument, because there is no express legal recognition of that activity. What exists are broader categories: cultural association, meeting venue, leisure or recreational establishment, bar or café, among others. The classification that applies to each club depends on how the activity is set up and how each municipality interprets it. That interpretation determines which technical regulations apply and which licensing procedure is required. It is one of the first issues that must be checked with the local administration before committing to any premises.
Filter 2: municipal authorisation. What licence a club needs
The question of what licence a club needs does not have a single answer for all of Spain. Regulations on activities and public entertainment have been developed largely by the autonomous communities and municipalities, and the result is a patchwork of different regimes that varies significantly from one city to another.
In general terms, there are three types of authorisations for opening premises:
- Traditional opening licence. A formal administrative procedure in which the town hall reviews the premises and the activity before authorising opening. It is the most protective route for the applicant but also the slowest. It allows the club to have an express decision from the town hall supporting its activity.
- Prior notice. The operator notifies the town hall that it will start the activity, providing documentation proving that requirements are met. The town hall does not issue an express decision before opening, but it may verify afterwards and act if it detects non-compliance.
- Responsible declaration. The operator declares, under its responsibility, that it meets the requirements and may start the activity. It is the most agile regime but also the one that places the greatest responsibility on the applicant, because if there is any non-compliance not previously detected, the consequences are immediate.
For a cannabis social club, the applicable regime in each case depends on how the municipality classifies the activity and on the premises’ maximum occupancy. In general, activities with higher occupancy or considered higher impact tend to require a traditional licence, while lower-occupancy activities may fall under prior notice or a responsible declaration.
Why many Barcelona clubs closed because of licensing, not cannabis
The Barcelona City Council’s inspection campaign in 2023 and 2024, which led to closure proceedings for 30 clubs, was primarily based on the activity licence. The Special Urban Plan that the City Council approved in 2016 to regulate cannabis clubs was annulled by the TSJC in 2020, and that annulment was confirmed by the Supreme Court in 2021. That left clubs without the licensing framework they had used for years: their authorisations had been obtained under a planning instrument that no longer existed.
The Barcelona case illustrates something that applies across Spain: the robustness of a club’s premises depends not only on obtaining the licence, but also on the stability of the regulatory framework under which it is obtained. A licence obtained under rules that may be annulled is not a permanent guarantee.
Filter 3: minimum distances. What varies most between municipalities
There is no national regulation establishing minimum distances for cannabis club premises from schools, healthcare centres or other facilities. This means each municipality may set its own distances in its activity regulations or in specific ordinances, or may set none at all.
In municipalities that have explicitly regulated cannabis clubs, distances have ranged between 150 and 500 metres from educational centres. In municipalities without specific regulation, clubs are subject to the general rules for recreational activities or similar, which may include distances from schools or places of worship, although the parameters vary.
Verifying the applicable distances in the specific municipality is one of the first things to do before visiting premises, because it limits the geographic area within which it makes sense to search. Premises that do not meet the distance requirements cannot obtain a licence, regardless of their other characteristics.
How distance is measured in practice
Municipal regulations usually specify whether the distance is measured from the premises’ façade to the facility’s façade (straight-line measurement) or by the shortest walking route between entrances. The measurement method matters because it can determine whether a specific premises meets the requirement. In any case, the measurement must be documented and, if there is any doubt, verified with the municipal administration before committing to the premises.
Filter 4: the premises’ technical requirements
The technical requirements for CSC premises are the same as for any other premises with a similar activity: there is nothing cannabis-specific about them. They are requirements under the activity regulations of each autonomous community and municipality, and non-compliance with any of them is sufficient grounds for closure proceedings, regardless of everything else.
The most common mistake I see at this point is that managers treat technical requirements as something that “will be sorted out” after finding the premises. But some premises cannot meet certain requirements due to their structural configuration, and that only becomes apparent once the lease has been signed and investment in refurbishment has begun.
| Technical requirement | Level | Why it matters in a CSC |
|---|---|---|
| Ventilation or air extraction system | Critical | This is the most demanding and most CSC-specific technical requirement. It must ensure indoor air renewal and, above all, that odours do not spread outside or into the building’s common areas. An insufficient system is a source of neighbour complaints and grounds for closure proceedings. |
| Acoustic conditions | Critical | The premises must comply with the noise limits set by municipal regulations, both during daytime and at night. Premises on upper floors or with walls shared with dwellings are especially sensitive to this requirement. |
| Electrical installation | Critical | Up-to-date electrical certificate and sufficient capacity for the premises’ needs, including the ventilation system. A deficient electrical installation can block the granting of the licence. |
| Defined maximum occupancy | Critical | Maximum occupancy must be calculated in accordance with the applicable technical criteria and displayed visibly. It is one of the data points an inspector records on any visit, and it is a clear breach if it is routinely exceeded. |
| Emergency exits and signage | Critical | The premises must comply with fire safety regulations: fire extinguisher, emergency signage, and an evacuation route that is clear and accessible. Basement premises or those with a single exit may face additional restrictions. |
| Accessibility for people with disabilities | Important | Accessibility regulations apply to business premises. Premises with steps at the entrance or without an adapted toilet may require adaptation works that affect the initial investment. |
| Public toilet | Important | Many regional regulations require a public toilet in business premises above a certain maximum occupancy. Separate facilities by sex may be required depending on the number of fixtures. |
| No external visibility of the indoor activity | Important | This is not a formal technical requirement in the strict sense, but it is a requirement derived from the CSC legal model. The premises must be fitted out so that the indoor activity is not perceptible from public space: opaque shopfronts, with no signage advertising cannabis-related activity. |
The ventilation requirement is the one that causes the most problems in practice and the one most underestimated by managers looking for premises for the first time. Adequate ventilation for a cannabis club is not the same as for an office or a standard retail unit. It requires real extraction capacity, odour filtration and discharge to the outside that does not disturb neighbours. In premises with certain characteristics—especially interior units within buildings or basements—achieving this can be technically very complex and economically very costly. I have seen projects that were very well designed in every other respect but had to be abandoned due to a ventilation issue that nobody assessed in time.
How regulations vary by city: Barcelona, Madrid and the Basque Country
Without prejudice to the fact that each municipality has its own regulations and that verifying them is always essential, there are three geographic settings with enough documented case law to offer useful reference points.
It is the municipality with the highest number of clubs and the one that has most attempted to develop specific regulation. The 2016 PEU was annulled by the TSJC in 2020, and that annulment was confirmed by the Supreme Court in 2021. Since then, clubs have operated under the general activity regulations.
Barcelona’s activity regulations require an activity licence for premises of this type, with particularly demanding technical requirements regarding ventilation and acoustics. The applicable distances must be checked in the current planning rules, which have evolved significantly in recent years.
Barcelona City Council intensified inspections in 2024, with 30 closure proceedings notified. The regulatory landscape in Barcelona is the most changeable and the one that requires the most frequent and up-to-date verification.
Gabriela Sierra has direct experience with Barcelona cases and knows the applicable framework in detail.
Madrid has not developed any specific ordinance for cannabis clubs. Clubs operating in the capital are subject to the general activity regulations of the Community of Madrid and to the City Council’s municipal ordinances on activities and coexistence.
The classification of the activity for licensing purposes depends on how the club is set up and on the premises’ maximum occupancy. In general, clubs have tended to process the licence as cultural associations or meeting venues, although the specific classification must be checked case by case.
Madrid has not had inspection campaigns as intense as Barcelona’s, but the absence of specific regulation does not mean the absence of risk: clubs are still subject to activity inspections.
Without a specific ordinance, case-by-case verification is especially important in Madrid.
The Basque Country has Spain’s longest-standing tradition of cannabis associations. Bilbao and other Basque cities have historically been more tolerant of clubs than other Spanish cities, although that does not equate to more permissive regulation in formal terms.
Activity regulations apply equally: Basque clubs must meet the same licensing, technical and planning requirements as in the rest of Spain. The difference lies in the local administrations’ historical attitude, which has been more open to dialogue.
EUSFAC (Federation of Cannabis User Associations of the Basque Country) has maintained dialogue with Basque administrations, which has created an environment of greater mutual understanding between clubs and the administration.
Despite the more favourable environment, the formal requirements are comparable to those in the rest of Spain.
When someone asks me in which city it is easiest to open a club, I always say the same thing: that is not the right question. The right question is which city you want your club to be in, and then we look at what that implies from a regulatory standpoint. The temptation to choose a city based on what one hears about its attitude towards clubs is understandable, but dangerous. What you hear about a city may be outdated, may refer to a situation that has changed, or may not take into account the details that determine whether your specific premises are viable. The applicable municipal regulations are always those in force at the time of opening, not what someone describes second-hand.
The most common mistakes when choosing premises for a cannabis club
Experience accumulated in advising club managers shows that mistakes in choosing premises recur with a regularity that is no longer surprising. Knowing them in advance is the best way to avoid making them.
This is the most expensive and most common mistake. Once the contract is signed, the manager is committed to those premises even if they later discover they cannot obtain the licence. Planning compatibility, distance requirements and technical requirements must be verified before signing, not after.
The owner may have a licence that does not correspond to the activity the club will carry out, that has expired, or that was obtained under rules that no longer apply. Licence verification must always be done directly with the town hall, not through the owner.
Ventilation is the most CSC-specific and most costly technical requirement. Many premises that seem perfect in every other respect cannot meet air extraction requirements without works that are not technically possible or that make the project so expensive that it becomes unviable. Assessing the feasibility of the ventilation system must be one of the first steps, not one of the last.
Looking for premises in an area without first checking what distances apply under municipal regulations is a waste of time. The first step should be to define the geographic area where it is possible to open a club under local rules, and to search within that area.
Premises in a building with a homeowners’ association may be affected by restrictions set out in that association’s bylaws. If the bylaws prohibit activities that cause nuisance or certain types of activities, the club may face action from the association even if it has the municipal licence in order.
Premises with signage identifying cannabis-related activity, transparent shopfronts through which the interior is visible, or entrances without access control not only create problems with neighbours: they contradict the principle of a private, discreet club required by the CSC legal model. The premises design must ensure the privacy of the indoor activity from the outset.
Checklist before committing to premises
Before signing any lease agreement or making any investment in premises, these are the points that must be verified. This is not an exhaustive list for all cases, but the minimum that should be checked before moving forward.
Checklist before signing the lease agreement
This list is not a bureaucratic formality. It is the work that prevents signing a lease for premises that later turn out to be unviable. What distinguishes managers who open their club without problems from those who end up with a signed contract and premises they cannot use is exactly this: whether they verified it beforehand or not. In every case I have seen of problematic premises, the problem was avoidable if someone had asked the right questions before committing.
The premises and the club’s operation: a relationship that cannot be separated
The premises are not just the space where the club is located. They are part of the club’s legal model. The private nature of the premises, the impossibility of access without control, visual and acoustic separation from the outside, the ability to keep cannabis inside and to control who enters are all elements that depend on how the premises are configured and that directly determine whether the club meets the criteria for atypical shared consumption required by Supreme Court case law.
Poorly chosen premises do not only create administrative licensing problems. They can also make it harder to comply with the case-law criteria that determine whether the club’s activity is legally sustainable. That is why premises analysis must always be carried out in the context of the club’s full operating model, not as a standalone formality. The CSC compliance service includes reviewing the premises’ administrative fit as one of its five areas of analysis.
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Before you sign anything, I can review with you the points that determine whether those premises are viable or whether there is something that needs to be resolved.
Speak with Gabriela SierraFrequently asked questions about cannabis club premises
Can a cannabis club be located in a basement?
Technically, it is possible if all requirements are met, but basements present specific challenges that make compliance more difficult. Ventilation in a basement is structurally harder to solve because extracting air to the outside requires longer routes and more powerful systems. Emergency exits can also be more complex in basements with a single evacuation route. Some municipalities have specific restrictions on business premises in basements. It is not impossible, but it requires very careful technical analysis before committing.
Can the premises owner know that a cannabis club will be set up?
There is no legal obligation to inform the owner of the exact type of activity that will be carried out, beyond what the lease agreement itself requires. However, the owner has an interest in knowing what activity will be carried out on their premises, among other reasons because it may affect the building’s insurance. The most prudent approach is to verify that the lease does not include use restrictions incompatible with the club’s activity, and that the owner will not oppose the steps needed to obtain the licence, for which their cooperation may be required.
What happens if the club opens without an activity licence?
Opening without municipal authorisation exposes the club to administrative closure proceedings at any time, without any irregularity being required in the rest of its operation. The absence of a licence is an independent breach of activity regulations, separate from any cannabis-related issue. The proceedings may result in the premises being sealed and in financial penalties. In addition, as I explain in the article on the liability of a CSC president, failure to comply with the premises’ administrative obligations falls directly on the association’s legal representative.
Can municipal regulations change after the club opens and affect the licence?
Yes, and it has happened in Spain. The best-documented case is Barcelona, where the annulment of the 2016 Special Urban Plan affected the licences clubs had obtained under that instrument. In general terms, rights acquired under the rules in force at the time the licence was obtained have some protection, but not always absolute. The stability of the municipal regulatory framework is a factor to consider when choosing the club’s location, and periodically verifying whether the licence remains valid under the current rules is part of compliance work.
Do the premises need separate access for members and for goods?
It is not a formal requirement in the strict sense, but it is good practice from an access-control standpoint. CSC premises must have an entry control system that makes it possible to verify that only registered members enter. A single, well-controlled entrance may be sufficient. What cannot exist is free entry without any kind of verification, because that contradicts the private, closed nature required by the club’s legal model.
How much does the technical adaptation of premises for a cannabis club usually cost?
This depends entirely on the characteristics of the starting premises, the municipality and the applicable technical requirements. There is no reliable range that applies to all cases. What is constant is that the ventilation system is usually the most costly and most variable item: it can range from a relatively simple solution in well-suited premises to significant works in premises with difficult access to the outside. That is why it is essential to obtain a specific technical quote for the particular premises before committing, and always to include a contingency margin in the initial budget.
This article is for general informational purposes. The regulations applicable to cannabis social club premises vary by municipality and may change over time. References to specific regulations in Barcelona, Madrid and the Basque Country are indicative and must be verified against the rules in force at the time of consultation. For a specific analysis of premises in a particular municipality, contact us and we will review your case in detail.