Permiso Único: how long it lasts, how it is renewed and how it is transferred

It is Rule 3.7.1 of Chapter 3.7 of Joint Regulation No. 9473, in its Sections 3.7.1.1 to 3.7.1.5: what the Permiso Único includes, which documents a new application needs, how long it lasts, how it is renewed and how it is transferred on a change of owner. This site already has a Permiso Único guide written from what OGPe publishes on permisos.pr.gov — what it is, which endorsements it bundles and how to file in the Single Business Portal; that guide carries none of the regulation’s deadlines. This one is the regulation’s text.

Every new or existing building with non-residential uses obtains the Permiso Único to start or continue operating. The permit is issued by OGPe, by Autonomous Municipalities with Hierarchy I to III and by Authorised Professionals; one issued by an Authorised Professional is subject to the limits of Section 2.3.1.2 of Volume II. The permit may issue where the use is ministerial or where a use variance was previously authorised. And anyone holding a current use permit must file a Permiso Único application when seeking an amendment or a name change, or if any of their certifications or licences expires.

• Filing the renewal application no less than forty-five days before the Permiso Único’s expiry date.Verified against the official source
• Establishing the authorised use within one year from the date of issue: after that year, the final determination that authorised the permit becomes ineffective.Verified against the official source
• If the permit has expired: applying for renewal before two years have passed since expiry and paying the additional charge set by OGPe’s Assistant Secretary by Administrative Order.Verified against the official source
• Filing the renewal in the SUI under the permit’s same case number, which stays the same across every renewal, and certifying that the use conforms to the Permiso Único.Verified against the official source
• For a transfer on a change of name, owner or successor: filing the Permiso Único application in the new owner’s name, making the payment, producing the current Permiso Único, producing evidence of title or a lease, and the authorised use continuing to be of the same nature.Verified against the official source

• An explanatory memorial stating the use sought and its nature, the number of employees, the parking to be provided, the hours of operation and any other pertinent information.
• A sketch of the installation with the area of the premises or structure to be occupied, the internal layout, the location relative to the access road, the parking to be provided and the dimensions.
• Photographs of the installation in digital format, of the interior and the exterior.
• Any other licence or authorisation required for the operation of the business’s activity or use.
• For a transfer: the current Permiso Único and evidence of title or a lease; and if the permit is not current but is valid, evidence that the business was operating.
• If there was a prior construction permit: the Final Works Report certified by the engineer stating the works were built in accordance with the permit issued.

1. 1

   Step 1: What the permit bundles and who issues it

   Every new or existing building with non-residential uses obtains the Permiso Único to start or continue operating, and the permit includes the uses; the Categorical Exclusion Certification or the applicable environmental document; the Fire Prevention Certification; the Health Licences; and any other applicable licence or authorisation the regulation requires for the activity. It is issued by OGPe, by Autonomous Municipalities with Hierarchy I to III and by Authorised Professionals. Inspections needed for those certifications and licences, after the permit issues, may only be carried out by personnel of OGPe, the Fire Bureau, the Department of Health, the Government Entities Concerned or Authorised Professionals.

2. 2

   Step 2: What a new application asks for

   Besides the application Rule 2.1.9 of Volume II requires, every new application must bring four things. An explanatory memorial stating the use sought and its nature, the number of employees, the parking to be provided, the hours of operation and any other additional pertinent information. Any other licence or authorisation required for the operation. A sketch of the installation including the area of the premises or structure to be occupied, the internal layout, the location relative to the access road, the parking to be provided and the dimensions. And photographs of the installation in digital format, of the interior and the exterior.

3. 3

   Step 3: The term: one to three years, and the year to establish the use

   The Permiso Único runs one to three years, as requested. The uses it authorises do not lapse while the commercial activity continues under the use permit issued, and renewing them is not necessary: what is renewed are the certifications and licences the permit contains. The approval resolution for discretionary cases runs one year. And there is a deadline that often surprises: any final determination authorising a Permiso Único becomes ineffective if the authorised use is not established within one year from the date of issue.

4. 4

   Step 4: The forty-five days, and the two years of grace

   The renewal application is filed no less than forty-five days before the expiry date; if it is not sought, the permit lapses on that date. If filed before expiry but with less than forty-five days’ notice, an additional payment may be required. The important part: any Permiso Único whose renewal was filed before its expiry is deemed in force until the final determination issues. If the application is filed after expiry, an additional charge set by OGPe’s Assistant Secretary by Administrative Order must be paid, and the renewal may only be processed while no more than two years have passed since expiry. If more than two years have passed, a new permit must be applied for. The renewal is filed in the SUI under the permit’s same case number, which stays the same across every renewal.

5. 5

   Step 5: The reminder e-mail is not a right

   The SUI may send a warning e-mail to orient and remind original applicants that the expiry date is approaching. The regulation is explicit about what that e-mail is not: it is entirely at OGPe’s discretion, without constituting or being interpreted as a requirement or an obligation for the terms to be effective or uninterrupted, and its non-sending or non-receipt will not be used as an excuse or argument for not complying with any requirement. Put another way: the calendar is the business’s responsibility.

6. 6

   Step 6: What the renewal covers and what it does not

   The renewal is for the certifications and licences the permit contains, exempting the uses and the environmental compliance determination unless new uses are added. It carries no fresh evaluation of the already authorised use and requires no prior inspection, though the government entity concerned must inspect to verify the licences and certifications match what was authorised. The requirements are four: completing the application in the SUI and paying the charges and fees; the owner or operator certifying that the use conforms to the Permiso Único; where it does not, proceeding as the section itself provides; and complying with what the Licences and Certifications volume requires, including the renewal of the health and fire-prevention licences. The regulation closes the list with a sentence worth knowing: "No additional requirements to those established in this Section will be sought." And the renewal is neither reviewable nor appealable, except where an amendment to the use is authorised, and then only as to the amendment.

7. 7

   Step 7: If the inspection finds uses the permit does not cover

   If the inspection identifies uses or activities not conforming to the Permiso Único, the licences or the certifications, but which are ministerially permitted in the qualification district where the property sits, in terms of use and parameters, an amendment to the Permiso Único must be sought to add the activity. Approval of that amendment is conditioned on paying the charges and fees applicable to the added use corresponding to the year before the renewal. And before filing, the fines or charges for having operated those uses without authorisation must be paid. If no amendment is sought, those uses or activities must be eliminated.

8. 8

   Step 8: Change of owner: automatic transfer with six conditions

   On a change of name, owner or successor, OGPe, the Authorised Professional or the Autonomous Municipality with Hierarchy I to III makes the transfer of the Permiso Único automatically, provided six things are met: filing the Permiso Único application; making the transfer request in the new owner’s or successor’s name; making the corresponding payment; producing the current Permiso Único; producing evidence of title or a lease; and the authorised use continuing to be of the same nature. The body making it notifies the other agencies and municipalities concerned. A point that decides purchases: the change of owner and transfer give no new term; the permit keeps the same terms and dates as the one being transferred. And if the Permiso Único is not current but is valid, or if the change concerns a Permiso de Uso, evidence that the business was operating must be included. A name-change application requires no new environmental compliance application.

9. 9

   Step 9: The sanctions and the flood zones

   For those in contempt of or rebellion against final orders issued by OGPe, electric or running-water service may be suspended, besides a fine of no more than one thousand five hundred dollars; and where the person or entity keeps operating without the corresponding permit, an additional fine of one thousand dollars per day may be imposed. Separately, the Permiso Único for projects in flood zones must meet the requirements of the Regulation on Special Flood-Risk Areas, the current Planning Regulation No. 13; and on Especially Protected Rustic Land or in FEMA-designated risk areas, where circumstances put health and safety at risk or adversely affect the environment, FEMA’s Flood Certification and Elevation Certificate may be required.

The Permiso Único and its renewal are filed in OGPe’s Unified Information System (SUI), at permisos.pr.gov, under the same case number across every renewal. It is also issued by Autonomous Municipalities with Hierarchy I to III and by Authorised Professionals, the latter subject to the limits of Section 2.3.1.2 of Volume II of the regulation. The late-renewal charge is set by OGPe’s Assistant Secretary by Administrative Order, which the regulation does not reproduce.

• Letting the year to establish the use pass and losing the final determination that authorised the permit.
• Filing the renewal with less than forty-five days before expiry and running into the additional payment.
• Letting more than two years pass since expiry: renewal is no longer possible, a new permit must be sought.
• Waiting for the SUI’s reminder e-mail as if it were a mandatory notice.
• Buying a business thinking the permit’s transfer restarts the term.
• Seeking the transfer when the authorised use is no longer of the same nature.
• Not including evidence that the business was operating when the permit is not current but is valid.
• Operating activities the Permiso Único does not cover and not seeking the amendment before the inspection.
• Filing the amendment without first paying the fines or charges for having operated those uses without authorisation.
• Filing a new application without the explanatory memorial, the sketch or the interior and exterior photographs.
• Counting on appealing the renewal: it is neither reviewable nor appealable, except as to an amendment to the use.
• Renewing in the SUI by opening a new case instead of using the permit’s same case number.

These are the government pages this guide is based on.

• Oficina de Gerencia de Permisos (OGPe)

  OGPe

  docs.pr.gov

• OGPe Single Business Portal

  ogpe

  www.permisos.pr.gov

• Planning Board

  jp

  jp.pr.gov