Opening a business without understanding Belgian administrative rules means risking closure for non-compliance before you even earn your first euro. Too many operators discover too late the impact of a missing operating license or incomplete registration with the business registry.
To set up a business in Belgium, you must comply with a strict framework: choosing a legal status, registering with the Central Business Register (CBE), obtaining a VAT number, and declaring the start of business activity. Each step, from share capital to operating permits, determines the legality of the business's launch and its long-term viability.
This guide clarifies the key steps for legally securing your business project, avoiding regulatory pitfalls, and starting a business without the risk of administrative interruption.
Operating a business in Belgium requires ensuring that existing facilities and intended uses are covered by a valid planning permit. Any significant modification to the building—whether to its exterior appearance, volume, function (e.g., conversion of an office into a business), or interior structural work affecting safety—may require a permit.
This authorization, which is mandatory prior to operation, is issued by the competent municipality in accordance with regional regulations: the Territorial Development Code (CoDT) in Wallonia, the Regional Urban Planning Regulations (RRU) in Brussels, or the Codex in Flanders.
In the event of a lack of permits or irregularities, the consequences can be severe: administrative closure, complex and uncertain regularization, or even a requirement to restore the premises to their original condition.
Depending on the activity carried out, an environmental permit may be required, particularly if it causes nuisance (noise, odors, waste, chemicals). This permit regulates the potential environmental impact of the establishment.
In Belgium, facilities are classified into categories (1, 2, 3) according to their level of pollution. A restaurant with a professional kitchen or an industrial laundry, for example, often requires a declaration or a formal permit.
The environmental permit must be obtained before operations begin, otherwise penalties or suspension of activities may be imposed. It is often a major point of attention when applying for the permits required to open a business.
For retail spaces exceeding a certain threshold—400 m² in Wallonia, 600 m² in Brussels—a commercial establishment permit is required. This socio-economic permit assesses the integration of the business into its environment from several angles: mobility, local economic impact, environment, and urban planning.
It is subject to a public inquiry procedure, the mobilization of expert opinions, and relatively long delays. Refusal of this authorization may render a project unfeasible, regardless of other permits obtained (urban planning or environmental). It is therefore crucial to anticipate this requirement from the planning stage onwards.
All establishments open to the public must comply with strict fire safety standards. Specific equipment (fire extinguishers, detectors, emergency exits), installations that comply with electrical standards, and sometimes ventilation or smoke extraction systems adapted to the commercial activity are required.
These elements are subject to inspection by the regional fire department, which issues a mandatory certificate in many municipalities to validate any permit application. In the event of anomalies, emergency closures may be ordered, compromising the opening of the business.
Accessibility for people with reduced mobility is an essential requirement for businesses open to the public. It covers all aspects: access to the building, interior pathways, adapted sanitary facilities, and visible signage. These requirements vary from region to region, but compliance is verified when permit applications are submitted.
Premises that are inaccessible or difficult to adapt in this regard may prevent a building permit from being obtained or even prohibit commercial opening.
In summary: Opening a business in Belgium requires obtaining several permits, including a planning permit, an environmental permit, and often a commercial establishment permit, each of which has specific requirements depending on the region and type of activity.
Read: Everything you need to know about urban planning violations
Before launching a commercial activity, it is essential to analyze the urban planning situation of the property. This step allows you to verify whether the current use of the building and any past alterations are in line with the title deeds and permits issued.
This requires a thorough check of municipal archives, cadastral maps, previous permits, and the sector plan or regional urban planning guide. In the event of discrepancies, regularization procedures or the submission of a new permit may be necessary in order to secure any future use.
All permits required to operate a business must be formally submitted to the relevant municipal or regional authority. For each permit (urban planning, environment, commercial), a complete file must be compiled, usually with the assistance of an architect, and include plans, impact studies, accessibility files, technical specifications, etc.
It is essential to synchronize these steps carefully to avoid duplication, inconsistencies, or rejections. Poorly prepared documentation often leads to refusals or suspensions, significantly lengthening the time required to open an account. Rigorous coordination is therefore crucial.
The time required to obtain the various authorizations varies greatly. A simple environmental declaration can be processed in a few weeks, while a planning permit or commercial establishment permit can take several months, especially if it involves a public inquiry.
These deadlines may be postponed if the administration requests additional information. Anticipating these factors in operational planning helps to limit the risk of delayed start-up and synchronize the steps essential to opening.
Given the complexity of Belgian regulations on urban planning and the environment, it is strongly recommended that you seek the assistance of specialized professionals. Architects remain the cornerstone of any project requiring plans or permits. An urban planner or specialized lawyer can provide an accurate interpretation of local regulations and assess the risks of obstruction.
Similarly, a surveyor is involved in projects involving land division or cadastral issues. Bringing these experts together from the outset strengthens the case and reduces the risk of project interruption.
In summary: Rigorous planning of administrative procedures, coordination of files, and support from specialized professionals are essential to ensure the regulatory opening of a business in Belgium.
A business may be closed by the authorities if it is operating without the required authorizations or if its facilities do not comply with the permits granted. This closure may be immediate and temporary, or in serious cases, permanent. It often results from an inspection by the urban planning department, an audit, or a complaint.
A restoration or regularization procedure may be imposed, but these do not guarantee retroactive authorization. The risk of sudden cessation of activity is therefore very real.
In addition to closure, non-compliant operations can have serious financial consequences. Administrative fines can amount to tens of thousands of euros. In cases of serious misconduct (fraud, repeat offenses), criminal proceedings may be brought, particularly against managers.
This can damage the company's credibility, complicate its relationships with financial institutions or partners, and hinder its commercial development.
At the slightest administrative blockage, businesses may be forced to suspend their activities. This results in lost revenue, logistical disruption, unforeseen costs, or contract breaches. These operating losses are not generally covered by traditional insurance policies.
An urban planning irregularity discovered too late can thus cause major economic damage that is difficult to compensate for in the short term.
During a sale, merger, or administrative audit, any irregularities that have not been rectified are detected and reported to the buyer or transferee. This may result in a revision of the sale price or even the cancellation of the transaction.
Furthermore, all businesses are subject to inspection at any time, including environmental audits, urban planning inspections, and fire department interventions, which may reveal past irregularities. These risks have a direct impact on the value of the real estate asset.
In summary: Non-compliant operation of a business exposes it to closures, financial penalties, interruptions in activity, and loss of value during a sale or inspection.
A technical and legal audit identifies discrepancies between the actual condition of the building and regulatory requirements.
This preliminary analysis covers authorized uses, existing permits, the condition of technical installations, fire safety standards, and accessibility requirements.
This audit can be decisive before signing a commercial lease or purchasing real estate, as it prevents you from inheriting problematic situations or costly issues that need to be resolved.
When a property has been modified without a permit, it is sometimes possible to regularize the situation by obtaining a retrospective planning permit. However, this type of procedure is uncertain: it depends on whether the property complies with the rules in force at the time of the application.
It is therefore essential to assess the feasibility of this regularization in advance, with the support of an expert, and to have a well-documented file in order to attempt to obtain validation after the fact.
In summary: Identifying and correcting irregularities during the preparatory phase through a comprehensive audit helps to secure the long-term commercial operation of a property.
Anticipating the risks of irregularities means protecting your business and your margins. Every situation has its levers, but you need to identify them in time and activate them without disrupting operations.
Our teams analyze your situation and propose a tailored, realistic approach focused on your priorities as an operator. Make an appointment now, and we will provide you with practical, methodical support.
Author : CORNIL Olivier
Contact UBEX today for a free consultation!
Don't let regulatory changes take you by surprise. Anticipate and act with UBEXyour partner in real estate regulation.
Contact Ubex
AddressesUbex
Avenue Louise 523 B1050 Brussels
Chaussée de Marche 482 B5101 Namur
Rue Bois Gotha 98 B4000 Liège
Rue de Bart Haut 6 B6790 Aubange
Beekstraat 6 B9030 Gent
Copyright © SIZE+ srl 2025. All rights reserved.
