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Integrated environment permit for retail activities

Anyone wishing to open a retail business or a commercial unit with a net commercial area of more than 400 m² requires an integrated environment permit for retail activities (retail licence). This applies to both new and existing licensed buildings, and for both retail businesses and commercial units.

Conditions

The licence requirement applies to retail businesses or commercial units with a net commercial area of more than 400 m² which is open to the public.

The licence requirement also applies to the following changes to the commercial area or retail category:

  • amalgamation of retail companies or retail units, whereby the net commercial area after
  • amalgamation exceeds 400 m² expansion of retail businesses or retail units by more than 300 m² net commercial area or more than 20% of the already licensed net commercial area
  • change of retail activity categories by 10% or more of the total licensed net commercial area or by more than 300 m² net commercial area.

Temporary operation

No retail licence is required if the commercial establishment is operated for less than 90 days per year (if not in compliance with the town planning regulations) or for less than 180 days per year (if in compliance with the town planning regulations). The building must be available for use by other functions for the remaining days of the year.

Period of validity

The integrated environment permit for retail activities is valid for an indefinite period of time and only expires if the retail activities

  • do not commence within five years after the licence is granted
  • or are interrupted for more than five consecutive years.

Procedure

Apply for the permit from the municipality of the place of establishment using the dedicated application form. You can submit the application digitally via the Environment and Spatial Planning Desk (‘Omgevingsloket’(opens in new window)). Applications under the simplified procedure can be submitted on paper as well.

The Board of Mayor and Aldermen issues the permit (apart from a few derogations).

  • The municipality decides autonomously for retail businesses with a net commercial area between 400 and 1,000 m².
  • The Board of Mayor and Aldermen must seek the advice of the Retail Trade Committee (Flanders Innovation & Entrepreneurship/VLAIO) before granting the permit for retail businesses with a net commercial area of more than 1,000 m².

There are two different procedures in accordance with the Decree on the Integrated Environment Permit.

  • Simplified procedure

This only applies if the net commercial area is less than 20,000 m² and if only a retail licence is required (no town planning or environmental aspects) or if the environmental or town planning aspects are also covered by the simplified procedure.

  • Standard procedure

In all other cases the standard procedure is followed.

Cost

An application for an integrated environment permit is subject to a filing fee.

Legislation

  • Decree of 15 July 2016 on the Integrated Commercial Establishment Policy (contents)
  • Decree of 25 April 2014 on the integrated environment permit (procedure)