The Permit for Commercial Establishment in Flanders, Wallonia and Brussels
Since the sixth state reform, the regions (Flanders, Wallonia, Brussels) have the power to determine the conditions for access to professions, including the policy on commercial establishments. In principle, the commercial permit guarantees 4 objectives, namely consumer protection, urban environmental protection, social policy objectives and contribution to sustainable mobility. Increasingly, the permit is part of a broader package of permits, as part of the urban planning permit application.
"Permit for commercial activities in Flanders (environmental permit)
To open a business or a commercial entity with a net retail area of more than 400 m², you need an environmental permit for commercial activities (trade permit or socio-economic permit). This applies to both new and existing licensed buildings, but also to retail businesses and commercial entities. The permit requirement applies to retail businesses or commercial entities with a net retail area of more than 400 m² that is accessible to the public. The requirement also applies to changes in shopping area or shopping categories.
The environmental permit for retail activities replaced the former socio-economic permit on 1 August 2018.
This permit requirement does not apply to temporary businesses that occupy an existing licensed building for less than 90 days (if not in accordance with the urban planning regulations) or less than 180 days (if in accordance with the urban planning regulations) per year. The building must be available for use by other functions on the other days of the year.
When needed?
An environmental permit is required if:
- The net retail area is more than 400 m² in a new non-exempt building or in an existing licensed building, or in temporary or exempt constructions if commercial activities take place, more than
- Expanding a retail business A permit is required in the event of expansion or increase of the net retail area: • Exceeds 300 m² beyond the permitted area; • Exceeds 20% of the permitted area.
- Changes to Store Categories A change that increases the permitted net retail area by at least: • 10% of the total authorised area; • A permit is required for 300 m².
After approval of the permit
After obtaining a positive permit, you must wait thirty days before starting the work, during which third parties can appeal the decision.
In case of refusal of the permit
You have thirty days to appeal the decision or consider submitting a revised application, ideally in consultation with the municipality.
License for trading activities in Wallonia
The commercial establishment permit, also known as the socio-economic permit, is an important regulatory tool for commercial activities. This pre-authorization is required for all projects with a commercial area of more than 400 square meters.
The municipality is responsible for issuing permits for commercial areas between 400 and 2,500 square meters, while the Walloon Region, through the official of the commercial establishment, handles permits for areas equal to or greater than 2,500 square meters, as well as certain extensions and projects that extend over several municipalities.
This application for "commercial unit permit" must often be accompanied by an urban planning permit and/or an environmental permit (also called an "integrated permit"), so that it can be verified that the project also complies with all the urban planning rules and the environmental standards in force. A single centralised document submission point has been established at the municipal level and the concept of an "integrated permit" has been introduced, allowing the issuance of a single permit for three administrative services.
License for trading activities in Brussels
The Commercial Matters Act, also known as the socio-economic authorisation of retail establishments, in Brussels covers all "distribution units" whose activity consists in regularly reselling goods to consumers in their own name and on their own behalf, without subjecting these goods to any treatment other than the usual commercial treatment.
When is a Permit required?
Authorisations for commercial establishments are required in the following cases:
• New construction: As part of the planning permit.
• Commercial Complex: A group of retail businesses, whether or not located in separate buildings, regardless of whether one person is the developer, owner or operator, gathered in the same location, and with a legal or factual connection (financial, commercial or material) or subject to a common planning permission procedure.
• Expansion: Expansion of a retail business or commercial complex that has already reached or will exceed 400 m² as a result of the project.
• Operation: Operation of one or more shops/commercial complexes in an existing building without a prior commercial purpose.
• Change of Activity: Significant change in the nature of the commercial activity in a building already intended for commercial purposes, provided that the net commercial area exceeds 400 m².
Application procedure Permits for commercial establishments up to 1,000 m² are issued by the municipality. The authorisation application is submitted to the Board of Mayors and Aldermen of the location. You must also prepare a "socio-economic file", which includes the socio-economic justification of the project.
Above 1,000 m², the permits are issued by the Region. For projects with a surface area higher than 1,000 m², an incidence report is required, while projects of more than 4,000 m² (with a few exceptions) require an incidence study.
If you move within a radius of 1,000 metres within the same municipality or if you expand your activity (max. 20% with a ceiling of 300 m²) that is already covered by a socio-economic permit, the procedure will be simplified.
Urban planning statement
An urban planning declaration must be submitted in advance to the College of Mayor and Aldermen for each project concerning: • The construction of a commercial establishment. • The modification or extension of a commercial activity within a building intended for trade. • The establishment of a new trade within a building intended for a function other than trade. The declaration does not count as a planning permit.
