Property developer

Last update

Property (or real estate) developers build and oversee real estate projects for a client, for an agreed price.

In order to operate as a property developer, the business manager must have a business permit.

Depending on the legal form chosen, applicants must also complete various registrations/affiliations before starting their business (see 'How to proceed').

Who is concerned

Property development involves commissioning and supervising the construction of a real estate project for a client, for an agreed price.

The following persons do not require a business permit:

  • owners who carry out real estate transactions on a non-professional basis for property they own, as well as any persons mandated by them to carry out these tasks in their place;
  • persons acting on behalf of their spouse, relatives in an order of succession, or on behalf of protected adults or minors;
  • persons who carry out the duties of commonhold association for a multi-occupancy building comprising a maximum of 9 residential units, at least one of which belongs to the proposed commonhold association.

Real estate professionals legally established abroad (in the Swiss Confederation or in a country belonging to the European Economic Area) may provide temporary and occasional services in Luxembourg without a business permit and without giving prior notification.

Prerequisites

Compliance with the conditions for access to the profession is verified at the time the application for a business permit is submitted.

Natural persons who wish to engage in the activity in their own name and within the framework of a sole proprietorship, must:

  • meet the legal requirements in terms of professional integrity; and
  • prove that they have the mandatory civil liability insurance.

Companies carrying out the activity must appoint at least one natural person, the managing director, who must:

  • meet the legal requirements in terms professional integrity;
  • effectively manage the day-to-day business on a permanent basis;
  • have a genuine link with the company (be the owner or authorised representative registered in the Trade and Companies Register); and
  • have paid all social security contributions and taxes, either in their own name or through the company they manage or have managed.

Business permit

The business permit is issued to the company (either to the manager operating in their own name, or to the company they run) if the manager:

  • meets the legal requirements in terms professional integrity; and
  • proves that they have the mandatory civil liability insurance.

The information page 'Applying for a business permit' contains all the information relating to this procedure.

Place of business

The company or sole proprietorship must have a fixed place of business in Luxembourg (no 'letter-box' companies).

Qualifications and insurance requirements

Applicants must prove that they have the necessary qualifications and insurance required to enter this real estate profession, by providing:

Please note: anyone who can provide proof of 3 years' professional experience in a managerial position in a Luxembourg company with a business permit in the real estate sector does not need to take this training course.

How to proceed

Registrations/affiliations depending on the legal form of the company

After obtaining a business permit, the manager of a sole proprietorship must:

After obtaining a business permit, the manager of a:

  • partnership (SCS, SENC);
  • capital company (SA, SARL, SCA, SE);
  • simplified limited liability company (SARL-S);

must:

Please note: the manager of a simplified limited liability company must also file the draft articles of association of the company with the Trade and Companies Register. There is, however, no need to incorporate the company in the presence of a notary. A private deed will suffice.

Obligations of all professionals

As long as they are in operation, professionals must comply with:

  • all requirements with respect to obtaining a business permit; and
  • all laws and regulations with respect to business management.

Sanctions

Professionals without a business permit run the risk of criminal sanctions (imprisonment and fines) and the temporary closure of the establishment.

Online services and forms

Who to contact

  • House of Training

    Address:
    7, rue Alcide de Gasperi L-2981 Luxembourg Luxembourg
    B.P. 13, L-2010 Luxembourg
    Closed ⋅ Opens Monday at 8.00
    Saturday:
    Closed
    Sunday:
    Closed
    Monday:
    8.00 to 12.00 , 13.15 to 17.15
    Tuesday:
    8.00 to 12.00 , 13.15 to 17.15
    Wednesday:
    8.00 to 12.00 , 13.15 to 17.15
    Thursday:
    8.00 to 12.00 , 13.15 to 17.15
    Friday:
    8.00 to 12.00 , 13.15 to 17.15

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