In order to operate as a real estate agent, a property developer or property manager in a co-owner's association (of a condominium), applicants must hold a business permit.
The business permit is granted to the business (either the business manager operating under their own name, or the company they run) provided that:
Compliance with these provisions is verified by the General Directorate for Small and Medium-Sized Enterprises at the time the application for a business permit is submitted.
Depending on the legal form chosen, the applicant must proceed with different registrations/affiliations before starting their activity.
Property business professionals who are legally established abroad (the territory of the Swiss Confederation or in a country of the European Economic Area) may provide temporary and occasional services in Luxembourg without business permit and without giving prior notification.
Real estate agents generally act as intermediary between 2 people with the aim to sign a contract concerning real estate property.
Property developers build and oversee the construction of real estate projects for a contractor, for an agreed price.
Property managers in a co-owner's association receive a mandate to manage one or more buildings on behalf of one or more property owners.
The following are exempt from having to obtain a business permit:
In order to justify the qualifications and insurances required to operate as a real estate professional, the business manager must have:
The stamp duty for the issue of a business permit amounts to EUR 24.
If the establishment is moving to another address, the applicant must notify this, free of charge, to the General Directorate for Small and Medium-Sized Enterprises. In this case, the applicant will receive a new business permit free of charge.
The applicant can submit their application for a business permit in 2 ways:
Anyone can get help with their business permit application by:
In order to provide proof of the professional qualification, applicants must attach the following to their business permit application:
If the applicant has been residing in Luxembourg for more than 10 years, they must demonstrate their professional integrity by:
This sworn declaration must state that the applicant has not been involved in the bankruptcy of a business in their own name nor in the bankruptcy of a company.
Failing this, an affidavit (sworn statement) must be provided.
All attached documents must be less than 3 months old.
The applicant must also attach the following documents to their application:
It should be noted that for applications submitted in the context of a business set up in the form of an SARL-S, the applicant must forward the draft constitutional documents of the SARL-S to the Ministry of the Economy.
Applications will usually be processed within 3 months from the receipt of the complete application. The absence of a response before the end of the 3-month period is equivalent to a tacit authorisation.
Applicants whose business permit application has been denied by the Minister may, within the legal deadlines:
After obtaining a business permit, the head of a sole proprietorship must:
After obtaining a business permit, the executives(s) of a partnership (SCS, SENC) must:
After obtaining a business permit, the director(s) of a capital company (SA, SARL, SECA, SE) must:
After obtaining a non-definitive copy of the establishment permit, the manager(s) of a simplified limited liability company (SARL-S) must:
It should be noted that managers of an SARL-S do not need to incorporate their company before a notary. A private deed is enough.
Each professional must comply with the following throughout their existence:
Professionals without a business permit run the risk of criminal sanctions (imprisonment and fines) and the temporary closure of the establishment.
Business permit application (including the declaration of honour)
Demande d'autorisation d'établissement (y inclus la déclaration sur l'honneur)
Antrag auf Niederlassungsgenehmigung (einschließlich der eidesstattlichen Versicherung)
Application for an extract from the police records for a natural person - online service
Demande d'extrait de casier judiciaire pour personne physique - service en ligne
Beantragung eines Auszugs aus dem Strafregister für natürliche Personen - Online-Vorgang