Anyone wishing to open a retail establishment or a trade assembly with a net trade area of more than 400m² needs an environmental permit for retail activities (retail permit). This applies to both new and existing licensed premises, and to both a retail establishment and a trading assembly.
Target Group
- Onderneming
Conditions
Conditions
The permit requirement applies to a retail establishment or trade assembly with a net trade area of more than 400m², which is open to the public.
The permit requirement also applies to the following changes in trading area or retail category:
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amalgamation of retail establishments or retail groups, where the net trading area after amalgamation exceeds 400 m²
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extension of retail establishments or retail aggregates by more than 300 m² net commercial area or more than 20% of the already authorised net commercial area,
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modification of categories of retail activities by 10% or more of the total licensed net trade area or by more than 300 m² net trade area.
Temporary operation
No retail licence is required if the retail outlet is occupied for less than 90 days per year (if not in accordance with urban planning regulations) or for less than 180 days per year (if in accordance with urban planning regulations). The building must be available for occupation by other functions on the other days of the year.
Period of validity
The environmental permit for retail activities is valid indefinitely and only expires if the retail activities:
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do not commence within five years of the granting of the permit or
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are interrupted for more than five consecutive years.
Procedure
Procedure
You apply for a permit from the municipality of the place of establishment using the application form provided for this purpose. You can submit the application digitally via the environment counter. Applications under the simplified procedure can also still be submitted on paper.
The Municipal Executive issues the permit (apart from a few exceptions).
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For retail businesses with a net commercial area between 400 and 1,000 m², the municipality decides independently.
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For retail businesses with a net commercial area of more than 1,000 m², the municipal council must seek the opinion of the Retail Trade Committee (VLAIO) before granting the licence.
There are two different procedures, in accordance with the environmental permit decree.
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Simplified procedure
This only applies if:
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the net trade area is less than 20,000 m²
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and if only a retail permit is required (no planning or environmental aspects) or if the environmental or planning aspects are also covered by the simplified procedure.
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Ordinary procedure
Inall other cases, the ordinary procedure is followed.
Amount
Cost
File fees are attached to an environmental permit application.
Legislation
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Decree of 15 July 2016 on the Integrated Commercial Establishment Policy (content)
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Decree of 25 April 2014 on the single permit (procedure)