In the Basque Country, a concert or festival that doesn't fit within a venue's licence needs prior authorisation. It is granted by the town council or the Basque Government depending on capacity and type of space, and it won't be issued without public liability insurance. On top of that, the organiser faces its own rules on security staffing, self-protection and ticket sales that either don't exist in other regions or work differently.
The foundation is Law 10/2015 of 23 December on Public Entertainment and Recreational Activities, in force since 8 January 2016. Beneath it sits Decree 17/2019 of 5 February, which implements it and was published in BOPV (the Basque Country's official gazette) no. 37 on 21 February 2019. It has been amended twice: by Decree 119/2019 and by Decree 63/2026, in force since 19 May 2026. Insurance is covered by Decree 44/2014 and self-protection by Decree 277/2010. This guide walks through them in the order you will need them. If you organise events in other regions, we have guides for Andalusia and for Madrid, Barcelona and Valencia.
What authorisation does an event in the Basque Country need?
It depends on where it takes place. Article 31.3 of Law 10/2015 makes prior authorisation mandatory, among other cases, for "la celebración de modo ocasional de espectáculos públicos o actividades recreativas en locales no amparados" (the occasional holding of public shows or recreational activities in premises not covered) by their licence, and for shows "en espacios abiertos" (in open spaces) as defined by the law. Celebrations that are "estrictamente privadas, de carácter familiar o social" (strictly private, of a family or social nature) fall outside the law under its article 3, although they must comply with public-safety rules.
Decree 17/2019 reduces this to three situations:
- Enclosed venue with no licence for that activity. A concert in a pelota court, a sports hall or an industrial unit. It needs prior authorisation (article 105.1).
- Public highway or open space with structures. A festival with a stage, marquees or fencing. Article 107.2 makes it subject to "autorización previa singular del ayuntamiento respectivo" (specific prior authorisation from the relevant town council). If there are no installations or structures, article 107.1 says it "no requiere autorización previa conforme a este decreto" (does not require prior authorisation under this decree), without prejudice to the permit to occupy public space.
- Ancillary activity in a venue that already holds a licence. A one-off concert in a licensed bar, for example. A prior notification is enough, which the licence holder files "con un periodo mínimo de antelación de diez días" (with a minimum notice period of ten days) (article 106.4).
One detail changed in 2019. The original wording of article 105.2 limited occasional shows to 12 a year and 2 a month per venue. Decree 119/2019 removed that fixed cap: its preamble explains that the requirement is not in the law. Today the authorisation works for events that "se agotan en su propia celebración, sin implicar habitualidad, reiteración o periodicidad" (are exhausted in their own holding, without implying habituality, repetition or periodicity). There is no annual quota, but a stable programme still doesn't fit the category.
Who grants it, and how far ahead do you apply?
The counter you go to changes with capacity and type of space. This is the split under Decree 17/2019 and the Basque Government's procedure sheets:
| Scenario | Who authorises | Deadline to decide | Rule |
|---|---|---|---|
| Enclosed venue, up to 700 people | Town council | One month; silence is approval | Decree 17/2019, arts. 105.6 and 105.7 |
| Enclosed venue, more than 700 people | Basque Government (Territorial Officer) | One month; silence is approval | Decree 17/2019, art. 105.6; Basque Government sheet |
| Enclosed venue, more than 10,000 people | Directorate of Gaming and Entertainment | One month; silence is approval | Basque Government sheet |
| Public highway or open space with structures | Town council | Three months; silence is approval | Decree 17/2019, arts. 107.5 and 107.7 |
| Fenced space with access control and more than 700 people | Town council, with binding report from the Basque Government | Three months | Decree 17/2019, art. 107.6; Law 10/2015, art. 33.3 |
The procedure sheet for authorising shows in enclosed venues says the application can be submitted "hasta 10 días antes del evento" (up to 10 days before the event). That is the same minimum as article 38.3 of the law: "al menos diez días de antelación sobre la fecha prevista" (at least ten days before the planned date). The problem is the calendar. The administration has a month to decide, and silence only works in your favour once that month has passed.
Our own calculation: if you apply 10 days before, the event arrives 20 days before the deadline expires. At that point you have neither a decision nor silence to rely on. On the public highway the gap is bigger, because the deadline is three months. The practical rule: a month and a half for an enclosed venue and more than three months for an open-air festival.
For fenced spaces of more than 700 people, the town council has 7 days to send the file to the Basque Government, and the Directorate issues its report within a month of receiving the complete documentation (article 107.6). The binding report sheet lists what is reviewed: project with plans, capacity control, private security where applicable, the Building Technical Code, accessibility, electrical installation, structural soundness and the self-protection plan. Everything is processed electronically.
What insurance does the Basque Country require by capacity?
No insurance, no event. Article 24 of Law 10/2015 obliges licence holders and organisers to take out insurance "que cubra la responsabilidad civil por daños al público asistente y a terceros" (covering civil liability for damage to attendees and third parties), and article 80.1 of the regulation refers the amounts to Decree 44/2014 of 25 March. Its article 3.1 sets these minimum sums insured:
| Maximum authorised capacity | Minimum sum insured |
|---|---|
| Up to 100 people | €150,000 |
| 101 to 300 | €200,000 |
| 301 to 700 | €250,000 |
| 701 to 1,500 | €400,000 |
| 1,501 to 5,000 | €700,000 |
| 5,001 to 10,000 | €1,200,000 |
| More than 10,000 | €1,200,000 plus €120,000 for every 5,000 people or part thereof |
Temporary, portable or demountable installations with a defined capacity use the same table (article 3.4). If capacity can't be determined on the public highway, the minimum is €150,000 per installation. Article 5 caps the excess at 3% of the cover, and "en ningún caso dicha franquicia pueda ser superior a 20.000 euros" (in no case may that excess exceed 20,000 euros).
Our own calculation for a festival of 25,000 people, reading the increment on whatever exceeds 10,000: that is 15,000 more people, three bands of 5,000, and the minimum comes to €1,560,000. 3% of that figure would be €46,800, so the €20,000 cap is what governs the excess. If the event uses volunteers, article 84.b of Decree 17/2019 adds accident insurance with minimum cover of €100,000.
When are security staff, a safety report and a self-protection plan needed?
These are four separate obligations, and in the Basque Country almost all of them kick in at 700 people.
Security staffing and admission staff
Article 66.1 of Decree 17/2019 requires a security service in special-regime establishments, in venues with a capacity above 700 people and at occasional shows in sites of more than 700. It also requires one when the event must submit a safety report. Below that, article 66.2 allows the Ertzaintza (the Basque police) to impose private security according to the risk.
Admission staff are a different role, and Decree 63/2026 has tightened the rules. They need accreditation from the Basque Government, obtained by passing tests, and since May 2026 "la habilitación caducará a los diez años de su inscripción en el registro" (the accreditation will expire ten years after its entry in the register). Accreditations already granted count those ten years from the decree's entry into force. If you hire door staff, ask for their registration number and expiry date.
Safety report and headcount
Article 103.4 requires a safety report with the application in two cases that affect live music: "cuando el aforo previsto sea superior a 2.000 personas" (when the expected capacity exceeds 2,000 people), and when the show is musical, runs past 00:00 and exceeds 700 people. An occasional session of 800 people that ends at 03:00 is covered; an afternoon concert of 1,500 people is not.
In addition, article 21.2 of the law obliges establishments with an authorised capacity above 700 people to "disponer de sistemas de conteo de personas y control de aforo" (have people-counting and capacity-control systems). A manual turnstile doesn't solve this on a site with several gates. What is required is an access control system that counts entries and exits in real time.
Self-protection plan
Here the Basque Country is ahead of the national rule. Order INT/1068/2026, published in the BOE (Spain's official gazette) on 10 October 2026, approved the new Basic Self-Protection Guideline, and its fourth agreement says that Royal Decree 393/2007 "dejará de aplicarse desde la publicación de este acuerdo" (will cease to apply from the publication of this agreement). Its section 1.4 allows administrations to set "valores umbrales más restrictivos" (stricter threshold values). Decree 277/2010, as worded by the first final provision of Decree 17/2019, already had them:
| Type of space | National guideline (2026) | Basque Country (Decree 277/2010) |
|---|---|---|
| Enclosed building | 1,000 people or more | More than 300 |
| Demountable or seasonal enclosed installation | 1,000 people or more | More than 300 |
| Open-air site, delimited or fenced with access control | 5,000 people or more | More than 700 |
| Open space | 20,000 people or more, no perimeter | 10,000 people or more |
Our reading: in all four rows the Basque threshold is lower, so it is the one that applies in the Basque Country. Registration of the plan in the Basque Country's General Register of Self-Protection Plans is requested "con carácter previo al inicio" (before the start) of the activity (article 22.1 of Decree 277/2010).
Medical provision
Articles 74 to 78 of Decree 17/2019 set a first-aid kit below 700 people, a defibrillator above 700, an infirmary from 2,000 and medical staff above 5,000. An ambulance replaces the infirmary: one type B between 2,000 and 5,000 people, and one type B plus another type C above that, available "desde una hora antes del comienzo del espectáculo" (from one hour before the start of the show). The comparison between regions is in our guide to ambulances at events.
What rules does the Basque Country set for ticket sales?
This is where the Basque Country departs furthest from the rest of Spain. The law sets out the principles in article 17 and the regulation details them in articles 40 to 49.
What a ticket must show, and in which language
Article 40.4 requires tickets to carry the mandatory information "al menos en las dos lenguas oficiales de la Comunidad Autónoma Vasca" (at least in the two official languages of the Basque Autonomous Community): Spanish and Basque. A ticket in Spanish only is non-compliant, including as a PDF or on a phone. The minimum details are the serial number, the organiser's identification, the show, the venue, the date and time, the price and the refund conditions. Tickets must be "numeradas correlativamente" (numbered consecutively) (article 40.1), and the counterfoil can be replaced by "listados informáticos cuando proceda" (computer listings where appropriate) (40.3).
Booking fees: when they count as a surcharge
Article 17.1.c of the law prohibits charging "un precio superior al anunciado en la correspondiente publicidad" (a price higher than that announced in the relevant advertising). The regulation draws the line in article 46.1. Selling through another company needs no prior control "siempre que se realice a su precio establecido sin recargo para la persona usuaria de comisiones o gastos de gestión y distribución" (provided it is done at its set price with no surcharge to the user for commissions or management and distribution costs).
Read the other way round, if the buyer pays booking fees, the sale carries a surcharge. Article 46.2 allows it only "previa autorización del órgano al que corresponda otorgar la licencia" (with prior authorisation from the body responsible for granting the licence) and "si el recargo máximo es del 20% sobre el precio oficial" (if the maximum surcharge is 20% of the official price). Article 45.3 confirms that online sales by a company other than the organiser, with a surcharge, "tendrá el carácter de venta comisionada" (will be treated as commissioned sales). The application includes the agreements with the ticketing company, is decided within ten days and silence is approval (46.3).
Our own calculation: on a €30 ticket, the maximum authorisable surcharge is €6. There is one more rule: article 42.5 requires "al menos, el setenta por ciento de cada clase de localidades" (at least seventy per cent of each class of seats) to be sold through direct sales without a surcharge or through authorised commissioned sales.
Resale, bots and refunds
- Resale. Article 17.1.d of the law prohibits "la reventa con recargo, la venta comisionada no autorizada, así como la venta encubierta" (resale with a surcharge, unauthorised commissioned sales, and concealed sales). Article 45.4 of the regulation allows resale between individuals "sin recargo y por precio no superior al establecido" (without a surcharge and at a price no higher than that set). The intermediary platform may charge fees that are "prefijados y publicitados" (predetermined and advertised), proportionate and not "un porcentaje sobre la entrada" (a percentage of the ticket). The national framework is in our guide to ticket resale in Spain.
- Bots. Article 45.2 does not allow purchases made with software programs where the offer limits tickets per buyer.
- Refunds. If the event is cancelled, postponed or changed, the refund period is "un plazo máximo de diez días desde el momento de anunciarse la cancelación" (a maximum of ten days from the moment the cancellation is announced) (49.5). If it is suspended after it has started, a refund is due if "un tercio del tiempo previsto de la actuación" (one third of the planned running time of the performance) has not elapsed, except in cases of force majeure (49.2). General criteria are in our guide to refund policy.
Invoicing: TicketBAI, not VeriFactu
The national VeriFactu regulation, approved by Royal Decree 1007/2023, applies throughout the territory "sin perjuicio de los regímenes tributarios forales de concierto y convenio económico en vigor" (without prejudice to the foral tax regimes of the Concierto and Convenio Económico in force). In the Basque Country, anyone who pays tax to a foral tax authority uses TicketBAI. In Gipuzkoa, the Provincial Council made it mandatory by sector from 1 July 2022. The timetable for the three territories is in our guide to VeriFactu and event invoicing.
How late can an event run in the Basque Country?
Article 18.2 of Law 10/2015 leaves general opening hours to the Basque Government, and article 32.2 of Decree 17/2019 divides them into four groups:
| Group | Closing time | Examples from article 32.2 |
|---|---|---|
| I | 23:00 | Open-air cultural and artistic venues, open-air auditoriums, open-air sports grounds |
| II | 01:00 | Concert halls, circuses in enclosed venues, fairs and open-air dances (*verbenas*) |
| III | 02:30 | Pubs and special bars |
| IV | 04:30 | Dance and entertainment venues |
Article 32.8 adds "una hora y media los viernes, sábados y vísperas de festivos" (an hour and a half on Fridays, Saturdays and the eves of public holidays). No show may start "antes de las 06:00 horas" (before 06:00) (article 34.1), and the venue is cleared "en el plazo máximo de 30 minutos" (within a maximum of 30 minutes) after closing (33.1.d). Outside venues, drinking is banned from 23:00 unless a municipal ordinance says otherwise (35.1). Article 18.3 of the law lets town councils extend hours for festivities and events. If your line-up runs into the early hours outdoors, ask what hours the authorisation will set before you fix timings with the artists.
Minors have their own rules. Article 19.2.c of the law bars them from party venues, dance venues and nightclubs, except for sessions for minors. Article 19.5 allows those sessions for young people aged 14 to 18, with no alcohol or tobacco. Article 19.6 allows ID to be requested to verify age. Admission conditions must be objective and non-discriminatory (article 22), and it is worth checking them against our guide to the right of admission.
What fines apply for non-compliance?
They are set by articles 55 to 57 of Law 10/2015, and inspection falls, under its article 44.1, to the "Unidad de Juego y Espectáculos de la Ertzaintza" (Ertzaintza Gaming and Entertainment Unit), as well as to town councils:
| Type of offence | Fine | Examples from the law |
|---|---|---|
| Very serious | €30,001 to €150,000 | Holding an event without a licence or authorisation where there is serious risk (art. 51.1); exceeding capacity where there is serious risk (51.2) |
| Serious | €1,201 to €30,000 | Not having insurance (art. 52.12); failing to provide mandatory security staffing or access control (52.15); not refunding ticket money (52.21); resale with a surcharge or unauthorised commissioned sales (52.29) |
| Minor | Warning or up to €1,200 | Holding an event without the required prior notification or breaching opening hours (art. 53) |
Our own calculation: the maximum for a very serious offence, €150,000, is five times that for a serious one. Very serious offences can add suspension of the activity or closure for between a year and a day and three years, and revocation of the licence (article 55). Serious ones, suspension or closure of up to a year (56). Offences lapse after five, three and one year depending on severity (article 59).
Our reading: charging booking fees without the authorisation under article 46.2 can fall within the unauthorised commissioned sales of article 52.29. It is the easiest offence to commit without realising, because the checkout commits it by default.
Checklist before announcing the event
Fit the event to its category. Venue without a licence for the activity, public highway with structures, or ancillary activity with prior notification. The counter and the deadline depend on it.
Apply for authorisation with real margin. A month and a half for an enclosed venue and more than three months on the public highway. The 10-day legal minimum doesn't let you reach approval by silence.
Calculate insurance with the Decree 44/2014 table. Above 10,000 people, add €120,000 for every 5,000 or part thereof, and check that the excess doesn't exceed €20,000.
Count to 700 people. Above that you need security staff (article 66), headcount in the venue (article 21.2 of the law), a self-protection plan in a fenced site and, if you run past 00:00 with music, a safety report.
Recalculate self-protection with the Basque rule, not the national one. More than 300 people in an enclosed site already requires a plan registered in the register.
Print the ticket in Spanish and Basque. With serial number, organiser, venue, date, time, price and refund conditions.
Decide on booking fees before opening sales. Either the ticket sells at the advertised price, or you apply for authorisation under article 46.2 with a surcharge of up to 20% and the agreements with the ticketing company.
Ask door staff for their current Basque accreditation, with registration number and expiry date.
Sources
- Law 10/2015 of 23 December on Public Entertainment and Recreational Activities, consolidated text — BOE, arts. 3, 17, 18, 19, 21, 22, 24, 31, 33, 38, 44, 51 to 57 and 59
- Decree 17/2019 of 5 February, Regulation implementing the Law on public entertainment and recreational activities — BOPV no. 37, 21 February 2019, arts. 32 to 35, 40 to 49, 61, 66, 74 to 78, 84, 103 to 107 and first final provision
- Decree 119/2019 of 23 July, amending Decree 17/2019 — BOPV no. 142, 29 July 2019, new wording of art. 105.2
- Decree 63/2026 of 29 April, second amendment of Decree 17/2019 — BOPV no. 91, 18 May 2026, arts. 61, 63 to 65 bis
- Decree 44/2014 of 25 March, civil liability insurance required for holding public entertainment and recreational activities — BOPV, 28 March 2014, arts. 3 and 5
- Decree 277/2010 of 2 November, self-protection obligations — BOPV no. 238, 14 December 2010, art. 22 and annex I
- Order INT/1068/2026 of 7 October, Basic Civil Protection Planning Guideline on self-protection — BOE no. 252, 10 October 2026, annex I, section E
- Royal Decree 393/2007 of 23 March, Basic Self-Protection Standard — BOE, consolidated text
- Authorisation of shows in enclosed venues — Basque Government, Directorate of Gaming and Entertainment, accessed 9 November 2026
- Municipal authorisation of shows: prior binding report (art. 33) — Basque Government, accessed 9 November 2026
- Entertainment regulations — Basque Government, accessed 9 November 2026
- Royal Decree 1007/2023 of 5 December, Regulation on invoicing computer systems — BOE no. 291, 6 December 2023, art. 1
- ¿Desde cuándo se aplica TicketBAI? (When does TicketBAI apply?) — Provincial Council of Gipuzkoa, accessed 9 November 2026