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 his own name, or the company he runs) 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 his application for a business permit in 3 ways:
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, he must demonstrate his professional integrity by:
This sworn declaration must state that the applicant has not been involved in the bankruptcy of a business in his 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 his 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 (SECS, 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.