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 professional operating under his own name, or the company he runs) if:
- the business manager meets the legal requirements in terms of qualification and professional integrity;
- and the business has a fixed physical establishment in Luxembourg (no so-called 'letterbox companies').
Compliance with these provisions is verified by the Directorate for SMEs and Entrepreneurship at the time the application for a business permit is submitted.
After the business permit has been obtained and depending on the legal business structure chosen, the establishment has to proceed with various registrations/affiliations before it can begin its activity.
Consulting engineers in the construction sector who are established abroad (on 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.
However, they must:
- notify their presence to the Order of Architects and consulting Engineers (Ordre des Architectes et des Ingénieurs Conseils - OAI) in order to register on their list of providers of occasional services in Luxembourg;
- and comply with all the rules of the profession, in particular ethical requirements, in force in Luxembourg.
Carry out your procedure:
With an online service
- Business permit - online application
By downloading a form
- Autorisation d'établissement
- Déclaration sur l'honneur
- Inscription à l'OAI
- Modalités d'inscription à l'OAI
The activities of consulting construction engineers include:
- designing works of construction, urban planning or land use planning;
- drafting the plans for these works;
- and summarising the different activities needed to implement the works.
In order to justify the qualifications required to access the profession of consulting engineer in the construction sector, business managers must have:
- a Master's degree in construction engineering or equivalent (issued by a higher education establishment recognised by the State in which the establishment is located and registered in the register of certificates);
- and 2 years of practical professional experience with an established construction engineer after the successful completion of the degree.
If the manager intends to operate an establishment where some of the activities/installations have not yet been authorised, he must apply for an operating permit for classified establishments.Examples of activities/installations that are subject to authorisation:
- worksites and development works;
- garages, covered car parks;
- office buildings;
- elevators, service lifts;
- work processes, establishments or projects that may cause substantial neighbourhood annoyance or specific hazards to the safety and health of employees, etc.
It is therefore recommended to submit the application at the very beginning of the project.
Business permit application in Luxembourg
Documentary proof of qualification
In order to provide proof of the professional qualifications as a consulting engineer in the construction sector, business managers must attach the following to their business permit application:
- a copy of their degree or higher education diploma;
- a copy of the ministerial order of registration in the register of certificates;
- in the case of professional experience in another European Union country: a certificate (European certificate of experience or equivalent) delivered by the competent authority or body of the country of origin (generally a professional association)
- in the case of professional experience in Luxembourg: a certificate of affiliation to the Joint Social Security Centre (Centre Commun de la Sécurité Sociale - CCSS).
Documents attesting to professional integrity
- applicants residing in Luxembourg for more than 10 years:
- applicants who do not reside in Luxembourg or have been residing in the country for less than 10 years:
Other documents to be submitted with the application
The following documents must also be attached to the business permit application:
- a copy of the manager's identity card;
- proof of payment of stamp duty (droit de chancellerie), in the form of:
- either a tax stamp, value EUR 24, purchased at the Indirect Tax Authority (AED) ;
- or the proof of payment of EUR 24 into the IBAN account LU09 1111 7026 5281 0000, BIC code: CCPLLULL of the Diekirch Revenue Office, with the following communication: 'autorisation de commerce';
- in the event of an application for a business (legal person), the company's articles of association which have been filed with the Trade and Companies Register.
In the event of an online application for a business permit via MyGuichet (with a Luxtrust card), the system will automatically generate the list of supporting documents to be attached to the application and which may vary depending on the data entered by the applicant.
Managers who run their business as a sole proprietorship can collect their business permit at the Joint Social Security Centre (CCSS).
Managers who run their business as a company (partnership / capital company) will receive their business permit by post.
Insurance and registration with the OAI
After he has obtained the business permit, the business manager must:
- take out a specific civil liability insurance which covers his activity, as well as his employees' activities;
- et s'inscrire à l'OAI (voir les modalités d'inscription).
- adapt their insurance or take out a specific civil liability insurance covering their activities and those of their employees, if the insurance they have taken out in their country of origin does not cover all legal and contractual liabilities incurred in Luxembourg;
- and request their registration on the OAI's list of service providers.
Registrations/affiliations depending on the legal form of the company
After the business manager has received the business permit, he must carry out various administrative procedures which depend on the legal form of business chosen.
In the case of a sole proprietorship, the business manager has to:
- go to the Joint Social Security Centre to collect the business permit and register as a self-employed worker;
- submit an operating declaration to the social security (if he intends to hire staff);
- register for VAT.
Partnerships (SENC, SECS)
In the case of a partnership (SECS, SENC), the managers have to:
- file the constitutional documents (statutes, articles of association) for 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 the social security;
- register for VAT.
Capital companies (SA, SARL, SECA, SE)
In the case of a capital company (SA, SARL, SECA, SE), the business managers must:
B.P. 535 - L-2937 - Luxembourg
Fax: (+352) 247-74701
The telephone helpline is open Monday to Friday, from 13.00 to 17.00 (not on public holidays).