Operating permits for classified establishments define the development and operating conditions deemed necessary to protect the environment and ensure the safety of workers, the public and the neighbourhood in general.

The different types of establishments and activities are divided into several classes (1, 1A, 1B, 2, 3, 3A, 3B and 4).

These establishments, previously classified as dangerous, insalubrious or problematic, must be authorised based on their classification by:

• the minister responsible for the environment (classes 1B and 3B);
• the minister responsible for labour (classes 1A and 3A);
• the abovementioned 2 ministers (classes 1 and 3);
• the mayor of the commune in question (class 2).

Class 4 establishments are governed on the basis of the applicable specific Grand-Ducal regulation.

Who is concerned

Natural persons or legal entities who intend to operate an establishment or engage in an activity listed in the nomenclature of classified establishments must obtain an operating permit for classified establishments.

The classified establishments concerned include:

• activities: vehicle repair and maintenance workshops, butcher's shops, bakeries, breweries, laundries, printing shops, restaurants, etc.;
• establishments: office buildings, covered or underground car parks, care centres, service stations, swimming pools, etc.;
• technical installations and depots: combustion installations, lifts, electromagnetic wave transmitters, transformer stations, depots of chemical products, etc.

An operating permit for classified establishments may be required for the following:

• construction and operation;
• extensions and transformations;
• substantial changes to the establishment in question;
• transfers of an activity or equipment to another location (the permit relates to the land registry plot and not to the business operator).

In addition, a new permit is required when:

• operation has not started within the deadline set by the authorisation order;
• operation is interrupted for 3 consecutive years;
• the establishment was destroyed or put out of use as a result of an accident.

How to proceed

Preparing the application

Applicants concerned by classes 1, 1A, 1B, 2, 3, 3A and 3B can complete their application for a classified establishment operating permit via the MyGuichet.lu assistant and then print and sign the application before sending it to the competent authorities with the requested annexes.

All applications for operating permits for classified establishments must include:

• a cadastral extract less than 12 months old indicating the neighbouring plots within a 200-metre range (the extract can be generated and printed from the website www.geoportail.lu);
• an extract from a topographical map (scale 1:20,000 or less) enabling the planned location to be identified;
• a detailed scale map of the establishment indicating the layout of the premises and the location of the installations in particular.

A certain number of specialised intermediaries (engineers, architects, etc.) can offer assistance with regard to the formalities to be completed with the administrations.

Inquiry procedures applicable to the different classes

Each element of the nomenclature of classified establishments is attributed a class (1, 1A, 1B, 2, 3, 3A, 3B or 4) which determines the applicable authorisation procedure.

When a permit application relates to establishments that fall under several classes, the application will be processed:

• according to the procedure for class 1:
  • when the permit application relates to at least one class 1 establishment;
  • when the permit application relates exclusively to one or more class 1A establishments as well as to one or more class 1B establishments;
  • when the permit application relates exclusively to one or more class 1A establishments as well as to one or more class 3 or 3B establishments;
  • when the permit application relates exclusively to one or more class 1B establishments as well as to one or more class 3 or 3A establishments;
• according to the procedure for class 1A when the permit application relates exclusively to one or more class 1A establishments as well as to one or more class 3A establishments;
• according to the procedure for class 1B when the permit application relates exclusively to one or more class 1B establishments as well as to one or more class 3B establishments;
• according to the procedure for class 3 when the permit application relates exclusively to class 3 establishments as well as to either class 3A or class 3B establishments.

Applicants can ask about the status of their application and request a meeting while the inquiry and decision-making procedure is ongoing, but not during the public inquiry.

Class 1 establishments

Submitting the application

Applicants must send 3 copies of the permit application for class 1 establishments by registered letter with acknowledgement of receipt to the Environment Agency (Administration de l'environnement), which will forward a copy to the Inspectorate of Labour and Mines (Inspection du travail et des mines).

Applicants must also provide:

• an additional copy for each neighbouring commune located within a 200-metre radius of the classified establishment in question;
• 2 additional copies if the establishment requires a permit concerning water protection and management.

Application checks

Within 45 days of receipt of the permit application, the applicant will receive a letter from the competent authorities (the Environment Agency and the Inspectorate of Labour and Mines) indicating whether the application is complete or incomplete.

If the application is incomplete:

1. the competent authority shall indicate which information is missing and ask the applicant to provide said missing information. This request shall only be made once;
2. the applicant then has 120 days in which to provide this information by registered letter with acknowledgement of receipt. All the information must be sent at the same time. The applicant can submit a written request asking for the deadline to be extended by a further 30 days, stating the reasons for the request (60 days for establishments falling under the provisions of the law of 9 May 2014 on industrial emissions);
   If the applicant fails to provide the missing information within the time permitted, the application shall be considered invalid.
3. the authority then has 25 days following acknowledgement of receipt of the missing information to inform the applicant that their application is complete;
4. if the application is still deemed incomplete, the applicant shall be invited to state their case within 7 days. The competent authority has 15 days following the hearing to draw up a report on the state of the application and send it to the applicant by registered letter with acknowledgement of receipt.

Once the application is complete, the Environment Agency shall send it to the commune concerned and to communes within a radius of less than 200m from the area for public inquiry within 8 days.

Public inquiry (commodo/incommodo)

For a period of 15 days, starting no later than 10 days after receipt of the application, the communal authority:

• displays a notice in the town hall stating the objective of the permit application;
• displays a clearly visible notice at the site at which the establishment plans to operate;
• files the full application with the town hall where it may be consulted by any interested parties;
• publishes the application in at least 4 daily newspapers printed and distributed in Luxembourg. Publication costs are at the expense of the applicants.

After a period of 15 days, the mayor or the mayor's representative shall collect all written observations and carry out a public inquiry (enquête commodo/incommodo), where interested parties can present their case.

Two copies of the application, along with proof of publication, the minutes of the inquiry and the decision of the board of the mayor and aldermen, shall be sent to the Environment Agency (which will forward one copy to the Inspectorate of Labour and Mines) no later than 20 days after the legal time frame for displaying notices.

Notification of the decision

45 days after the commune concerned has made its decision known, the Environment Agency and the Inspectorate of Labour and Mines shall notify its decision:

• to the applicant(s) (business operator, applicant, etc.);
• to the communal authorities concerned, so that the necessary information can be displayed for 40 days;
• where applicable, to communes within a radius of less than 200m from the boundaries of the establishment so that the information can be displayed for 40 days.

The commune concerned shall notify those who submitted observations of the decision taken by registered letter with acknowledgement of receipt. Failing this, a notice shall be published in at least 4 newspapers at the expense of the applicant.

For as long as an establishment is in operation, a copy of the permits issued to said establishment shall be kept at the commune and may be freely consulted.

Class 1A and 1B establishments

Submitting the application

Two copies of the permit application for class 1 establishments should be sent by registered letter with acknowledgement of receipt:

• to the Environment Agency in the case of class 1B establishments;
• to the Inspectorate of Labour and Mines in the case of class 1A establishments.

Applicants must also provide:

• an additional copy for each neighbouring commune located within a 200-metre radius of the classified establishment in question;
• 2 additional copies if the establishment requires a permit concerning water protection and management.

Application checks

Within 45 days following acknowledgement of receipt of the permit application, the competent authorities shall send a letter to the applicant informing them whether their application is complete or not.

If the application is incomplete:

1. the competent authority shall indicate which information is missing and ask the applicant to provide said missing information. This request shall only be made once;
2. the applicant then has 120 days in which to provide this information by registered letter with acknowledgement of receipt. All the information must be sent at the same time. The applicant can submit a written request asking for the deadline to be extended by a further 30 days, stating the reasons for the request (60 days for establishments falling under the provisions of the law of 9 May 2014 on industrial emissions);
   If the applicant fails to provide the missing information within the time permitted, the application shall be considered invalid.
3. the competent authority then has 25 days following acknowledgement of receipt of the missing information to inform the applicant that their application is complete.
4. if the application is still deemed incomplete, the applicant shall be invited to state their case within 7 days. The competent authority has 15 days following the hearing to draw up a report on the state of the application and send it to the applicant by registered letter with acknowledgement of receipt.

Once the application is complete, the competent authority shall send it to the commune concerned and to communes within a radius of less than 200m from the area for public inquiry within 8 days.

Public inquiry (commodo/incommodo)

For a period of 15 days, starting no later than 10 days after receipt of the application, the communal authority:

• displays a notice in the town hall stating the objective of the permit application;
• displays a clearly visible notice at the site at which the establishment plans to operate;
• files the full application with the town hall where it may be consulted by any interested parties;
• publishes the application in at least 4 daily newspapers printed and distributed in Luxembourg. Publication costs are at the expense of the applicants.

After a period of 15 days, the mayor or the mayor's representative shall collect all written observations and carry out a public inquiry, where interested parties can present their case.

The application, along with proof of publication, the minutes of the inquiry and the decision of the board of the mayor and aldermen, shall be sent in duplicate to the competent authority no later than 20 days after the legal time frame for displaying notices.

Notification of the decision

45 days after the commune concerned has made its decision known, the competent authority shall notify its decision:

• to the applicant(s) (business operator, applicant, etc.);
• to the communal authorities concerned, so that the necessary information can be displayed for 40 days;
• where applicable, to communes within a radius of less than 200m from the boundaries of the establishment so that the information can be displayed for 40 days.

The commune concerned shall notify those who submitted observations of the decision taken by registered letter with acknowledgement of receipt. Failing this, a notice shall be published in at least 4 newspapers at the expense of the applicant.

For as long as an establishment is in operation, a copy of the permits issued to said establishment shall be kept at the commune and may be freely consulted.

Class 2 classified establishments

Submitting the application

Two copies of the permit application for class 2 establishments must be sent by registered letter with acknowledgement of receipt to the mayor of the commune in which the establishment plans to operate.

The applicant must also produce an additional copy for each neighbouring commune where the boundaries of the establishment are situated within a 200-metre radius of parcels of land or portions thereof belonging to said commune as per the cadastral map.

Application checks

Within 45 days following acknowledgement of receipt of the permit application, the mayor shall send a letter to the applicant informing them if their application is complete or not.

If the application is incomplete:

1. the competent authority shall indicate which information is missing and ask the applicant to provide said missing information. This request shall only be made once;
2. the applicant then has 120 days in which to provide the missing information in a single registered letter with acknowledgement of receipt. The applicant can submit a written request asking for the deadline to be extended by a further 30 days, stating the reason for the request;
   If the applicant fails to provide the missing information within the time permitted, the application shall be considered invalid.
3. the competent authority then has 25 days following acknowledgement of receipt of the missing information to inform the applicant that their application is complete.
4. if the application is still deemed incomplete, the applicant shall be invited to state their case within 7 days.
   The competent authority has 15 days following the hearing to draw up a report on the state of the application and send it to the applicant by registered letter with acknowledgement of receipt.

Public inquiry (commodo/incommodo)

For a period of 15 days, starting no later than 10 days after the application is considered complete, the communal authority in question:

• displays a notice in the town hall stating the objective of the permit application;
• displays a clearly visible notice at the site at which the establishment plans to operate;
• files the full application with the town hall where it may be consulted by any interested parties;
• publishes the application in at least 4 daily newspapers printed and distributed in Luxembourg, for localities with more than 5,000 inhabitants. Publication costs are at the expense of the applicants.

After a period of 15 days, the mayor or the mayor's representative shall collect all written observations and carry out a public inquiry, where any interested party can present their case.

The public inquiry shall be closed and a decision taken no later than 30 days after the legal time frame for displaying notices.

Notification of the decision

The mayor's decision is:

• notified to the applicant(s) (business operator, applicant, etc.);
• and a copy is sent to the Environment Agency and the Inspectorate of Labour and Mines.

Those who submitted observations shall be informed of the decision taken by the commune concerned by registered letter with acknowledgement of receipt (or via a notice published in at least 4 newspapers at the expense of the applicant).

For as long as an establishment is in operation, a copy of the permits issued to said establishment shall be kept at the commune and may be freely consulted.

Class 3, 3A and 3B classified establishments

Submitting the application

Permit applications for establishments must be sent by registered letter with acknowledgement of receipt:

• in 2 copies to the Environment Agency for class 3B;
• in 2 copies to the Inspectorate of Labour and Mines for class 3A;
• in 3 copies to the Environment Agency for class 3;

Applicants must also provide:

• an additional copy for each commune if the establishment extends to more than one commune;
• 2 additional copies if the establishment requires a permit concerning water protection and management.

Application checks

Within 45 days following acknowledgement of receipt of the permit application, the competent authorities shall send a letter to the applicant informing them whether their application is complete or not.

If the application is incomplete:

1. the competent authority shall indicate which information is missing and ask the applicant to provide said missing information. This request shall only be made once;
2. the applicant then has 120 days in which to provide this information by registered letter with acknowledgement of receipt. All the information must be sent at the same time. The applicant can submit a written request asking for the deadline to be extended by a further 30 days, stating the reasons for the request (60 days for establishments falling under the provisions of the law of 9 May 2014 on industrial emissions);
   If the applicant fails to provide the missing information within the time permitted, the application shall be considered invalid.
3. the competent authority then has 25 days following acknowledgement of receipt of the missing information to inform the applicant that their application is complete.
4. if the application is still deemed incomplete, the applicant shall be invited to state their case within 7 days. The competent authority has 15 days following the hearing to draw up a report on the state of the application and send it to the applicant by registered letter with acknowledgement of receipt.

Once the application is complete, the competent authority shall send it to the commune concerned and to communes within a radius of less than 200m from the area for public inquiry within 8 days.

Notification of the decision

30 days after the commune concerned has made its decision known, the competent authority shall notify its decision:

• to the applicant(s) (business operator, applicant, etc.);
• to the communal authorities concerned, so that the necessary information can be displayed for 40 days;
• where applicable, to communes within a radius of less than 200m from the boundaries of the establishment so that the information can be displayed for 40 days.

The commune concerned shall notify those who submitted observations of the decision taken by registered letter with acknowledgement of receipt. Failing this, a notice shall be published in at least 4 newspapers at the expense of the applicant.

For as long as an establishment is in operation, a copy of the permits issued to said establishment shall be kept at the commune and may be freely consulted.

Special cases

For some class 1, 1A and 1B classified establishments, an environmental impact assessment (EIA) and/or a risk assessment as well as a safety report concerning the safety of employees, the workplace and the public may be requested.

Where this is the case, the time permitted for checking applications will be longer (90 days instead of 45 for the first check; 40 days instead of 25 for the second check).

Furthermore, where a project is likely to have a significant impact on the population and/or environment of another State, the application is sent to that State as soon as possible and no later than at the time of the public inquiry.

The authorities and public concerned within the State in question therefore have the opportunity to express their opinion on the matter, if possible during the public inquiry and before the competent authority makes its decision.

The State in question shall then be informed of the decision taken with regard to the permit application.

Appeals

The applicant can lodge an appeal against an administrative or ministerial decision with the administrative tribunal:

• within 40 days following the date of acknowledgement of receipt of the final decision;
• against the "silence" of the administrations after the different deadlines for the verification of the application and the notification of the decision have expired.

Construction and operation on classified establishments

Construction and operation on classified establishments may only be carried out after obtaining the authorisation order(s).

Operating permits for classified establishments do not release the operator from the obligation to obtain other authorisations required pursuant to other legal provisions applicable for different matters, particularly as regards the acquisition of land or a building:

• building permits;
• authorisations with regard to the protection of nature and natural resources;
• road permits;
• watercourse permits;
• deforestation/clearing permits;
• greenhouse gas emission permit;
• authorisations concerning sites and monuments;
• specific authorisations for shopping centres;
• authorisations from the CFL.
  

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