Consulting engineer in the construction sector
Last update
In order to operate as a consulting engineer in the construction sector, managers 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:
- the business executive meets the legal requirements in terms of qualification and professional integrity;
- the business has a fixed physical establishment in Luxembourg (no so-called 'letterbox companies').
Compliance with these provisions is verified 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.
Consulting construction engineers established abroad (in the Swiss confederation or a country of the European Economic Area) may provide occasional and/or temporary services in Luxembourg.
In the context of public procurement contracts, there are specific hourly reference rates (French, Pdf, 96 Kb) for architectural and engineering work for the public sector.
Who is concerned
The activities of consulting construction engineers include:
- designing works of construction, urban planning or land use planning;
- drafting the plans for these works;
- summarising the different activities needed to implement the works.
Prerequisites
In order to justify the qualifications required to access the profession of consulting engineer in the construction sector, applicants must have:
- a master's degree in construction engineering or an equivalent diploma. This diploma must be:
- issued by a higher education institution recognised by the State in which the institution's head office is registered; and
- possibly, registered in the register of certificates;
- issued by a higher education institution recognised by the State in which the institution's head office is registered; and
- and 2 years of practical professional experience with an established construction engineer after the successful completion of the degree.
Preliminary steps
Entry into the registry of certificates
In order to establish the level of the foreign diploma, the Minister of the Economy may require the applicant to have their diplomas registered in the register of certificates.
Specificities of BENELUX university diplomas
These diplomas are recognised automatically (in terms of their registration in the register of certificates) in all 3 BENELUX countries, provided that they have been issued by an establishment that is recognised in the country in which the diploma was obtained.
These diplomas therefore do not need to be recorded in the register of certificates in Luxembourg.
However, automatic recognition is limited to the following degrees:
- for the Flemish community of Belgium: the 'graad van bachelor' and the 'graad van master';
- for the francophone community of Belgium: the 'grade académique de bachelier' and the 'grade académique de master';
- for the germanophone community of Belgium: the 'Diplom Master' and, if applicable, a masters' degree from the germanophone community of Belgium;
- for the Netherlands: the 'getuigschrift bachelor' and the 'getuigschrift master'.
In the absence of such a diploma, the applicant needs to request a confirmation in the BENELUX country where it was awarded, that the diploma is officially recognised in said country.
Costs
The stamp duty for the issue of a business permit amounts to EUR 50.
If the establishment is moving to another address, the applicant must notify this, free of charge, to the competent General Directorate. In this case, the applicant will receive a new business permit free of charge.
How to proceed
Filing an application
Applicants can submit their application for a business permit in 2 ways:
- by applying in person for a business permit online via MyGuichet.lu, using a LuxTrust product.
The system determines which supporting documents need to be attached to the application depending on the information entered by the applicant;
- by sending the business permit application by post or email to the competent General Directorate;
Anyone can get help with their business permit application by:
- contacting the 'House of Entrepreneurship' of the Chamber of Commerce and making an appointment at one of their 3 reception desks;
- contacting the "Contact Entreprise" team of the Chamber of Skilled Trades and Crafts;
- calling the telephone hotline at the Department for Authorisations of Establishment;
- making an appointment at the Ministry of the Economy (Department for Authorisations of Establishment) at the 'House of Entrepreneurship'.
Supporting documents
Documentary proof of qualification
In order to provide proof of the professional qualification, applicants must attach the following to their business permit application:
- a copy of his degree or final secondary school diploma;
- a copy of the ministerial order of registration in the register of certificates, if requested;
- a certificate (EC certificate of experience or equivalent) delivered by the competent authority or body of the country of origin (generally a professional association) in case of prior professional activity in another EU Member State;
- a certificate of affiliation with the Joint Social Security Centre, in case of professional practice in Luxembourg.
Documents attesting to professional integrity
If the applicant has been residing in Luxembourg for more than 10 years, he must demonstrate his professional integrity by:
- an affidavit (sworn statement) concerning any management positions held in businesses during the 3 years prior to the application;
- an extract from the Luxembourg criminal record no. 3.
If the applicant is a non-resident or has been a resident in Luxembourg for less than 10 years, they must demonstrate their professional integrity by providing:
- a sworn declaration (affidavit) concerning any management positions held in businesses during the 3 years prior to the application;
- a declaration of non-bankruptcy made before a notary;
- an extract from the criminal record no. 3 or equivalent issued by the country or countries in which the applicant has resided during the 10 years prior to the application;
- an extract from the Luxembourg criminal record (record no 3) if the person is already working as a salaried worker or carrying out a self-employed activity in Luxembourg.
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.
Other documents to be submitted with the application
The applicant must also attach the following documents to his application:
- for Luxembourg citizens, the European Union, or the European Economic Area (Iceland, Liechtenstein, Norway, Switzerland): a copy of the applicant's ID card or passport;
- for citizens of third countries: a written confirmation from the Minister responsible for immigration that the applicant meets all the conditions for obtaining the residence permit he applied for;
- proof of payment of stamp duty (droit de chancellerie), in the form of:
- either a tax stamp, value EUR 50, purchased from the Registration Duties, Estates and VAT Authority (AED);
- or the proof of payment of EUR 50 into the IBAN account LU76 0019 5955 4404 7000, BIC code: BCEELULL of the Diekirch Revenue Office, with the following communication: 'autorisation de commerce';
In the event of an online application for a business permit via MyGuichet (with a Luxtrust product), the system will automatically generate the list of supporting documents to be attached to the application, which may vary depending on the data entered by the applicant.
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.
Application processing time
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.
Appeal
Applicants whose business permit application has been denied by the Minister may, within the legal deadlines:
- attempt to settle the dispute amicably by:
- submitting a claim to the Ombudsman;
- submitting a non-contentious appeal to the minister so that he or she may review their decision;
- submitting a contentious appeal to the Administrative tribunal through a court lawyer.
Insurance and registration with the OAI
After obtaining the business permit, the applicant must:
- take out a specific civil liability insurance which covers their activity as well as their employees' activities;
- register with the OAI (see registration procedure).
Registrations/affiliations depending on the legal form of the company
Sole proprietorship (Entreprise individuelle)
After obtaining a business permit, the head of a sole proprietorship must:
- report to the Joint Social Security Centre in order to:
- pick up their business permit; and
- register as a self-employed person;
- submit an operating declaration to the social security administration (if he intends to hire staff);
- register for VAT.
Partnerships (SENC, SECS)
After obtaining a business permit, the executives(s) of a partnership (SECS, SENC) must:
- submit an operating declaration to the social security;
- register themselves as employees (or self-employed workers) with the social security;
- register for VAT.
Capital companies (SA, SARL, SECA, SE)
After obtaining a business permit, the director(s) of a capital company (SA, SARL, SECA, SE) must:
- submit an operating declaration to the social security;
- register themselves as employees (or self-employed workers) with the social security;
- register for VAT.
Simplified limited liability company(SARL-S)
After obtaining a non-definitive copy of the establishment permit, the manager(s) of a simplified limited liability company (SARL-S) must:
- file the constitutional documents (statutes, articles of association) of the company with the Trade and Companies Register;
- submit an operating declaration to the social security;
- register themselves as employees (or self-employed workers) with social security;
- register for VAT.
It should be noted that managers of an SARL-S do not need to incorporate their company before a notary. A private deed will suffice.
Temporary provision of services in Luxembourg
Consulting construction engineers legally established abroad (in the Swiss confederation or in a country of the European Economic Area) may freely offer their services in Luxembourg. There is no need for a business permit and no specific notification to the Ministry of the Economy is required.
However, when active in Luxembourg, the service provider is subject to the national rules of professional, regulatory or administrative conduct directly related to their professional qualifications.
The service provider is also subject to the disciplinary provisions applicable to Luxembourg professionals.
They can contact the Order of Architects and Consulting Engineers (OAI) for further information.
They must also:
- request their registration on the OAI's list of occasional service providers;
- take out a professional civil liability insurance which covers their activity, as well as their employees' activities.
If their insurance taken out in their country of origin does not fully cover their professional civil liability in Luxembourg, the insured must:- make the necessary changes to their professional civil liability insurance; or
- take out a specific civil liability insurance which covers their activity as well as their employees' activities.
Obligations of all professionals
Each professional must comply with the following throughout their existence:
- all requirements with respect to obtaining a business permit;
- 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
-
Ministry of the Economy General Directorate for SME, Administrative Simplification, Craft and Retail (Business Permit department)
- Address:
-
Luxembourg
PO box 535 / L-2937 Luxembourg
- Phone:
-
(+352) 247 74 700
Monday to Friday from 9.00 to 12.00 and from 13.30 to 16.30 (except on public holidays)
- Email address:
- info.pme@eco.etat.lu
- Website:
- https://meco.gouvernement.lu/en.html
-
Order of Architects and Consulting Engineers
- Address:
- 6, boulevard Grande-Duchesse Charlotte L-1330 Luxembourg Luxembourg
- Phone:
- (+352) 42 24 06
- Fax:
- (+352) 42 24 07
- Email address:
- oai@oai.lu
- Website:
- http://www.oai.lu
Closed ⋅ Opens tomorrow at 9.00
- Monday:
- 9.00 to 12.00 , 14.00 to 16.00
- Tuesday:
- 9.00 to 12.00 , 14.00 to 16.00
- Wednesday:
- 9.00 to 12.00 , 14.00 to 16.00
- Thursday:
- 9.00 to 12.00 , 14.00 to 16.00
- Friday:
- 9.00 to 12.00 , 14.00 to 16.00
- Saturday:
- Closed
- Sunday:
- Closed
Related procedures and links
Procedures
Links
Further information
-
Modalités d'inscription à l'OAI
sur le site de l'Ordre des Architectes et Ingénieurs-Conseils (OAI)
-
Brochure sur les études et métiers de l'architecture, de l'ingénierie, de la construction et de l'urbanisme
du ministère de l'Enseignement supérieur et de la Recherche
-
Liste des activités soumises à autorisation d’établissement
Pdf • 236 Ko
Legal references
-
Loi modifiée du 2 septembre 2011
réglementant l'accès aux professions d'artisan, de commerçant, d'industriel ainsi qu'à certaines professions libérales
-
Loi du 13 décembre 1989
portant organisation des professions d'architecte et d'ingénieur-conseil
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Règlement grand-ducal du 17 juin 1992
déterminant la déontologie des architectes et des ingénieurs-conseils
