You are here:
30 October 2017 / article

Requirements to operate a hotel in Belgium

In Belgium, if you want to start the operation of a hotel, you need to comply with several rules and formalities. The requirements are different in Flanders, Wallonia and Brussels.

In Flanders

To start the exploitation of a hotel in Flanders, certain documents should be obtained and certain conditions should be complied with. The most important ones can be summarized as follows:

  • First of all, an “integrated environmental permit” (“omgevingsvergunning”) should be requested;
  • Moreover, a notification with the Tourism Flanders services is required in accordance with the Flemish Tourist Accommodation Decree of 5 February 2016. To perform this notification the operator of the hotel has to present the following documents: a civil liability insurance, a fire safety certificate and a property deed or an agreement containing the permission to exploit the hotel. Furthermore, the hotel and its operator have to comply with certain conditions, i.e. complying with fire safety regulations, the hotel has to maintain a certain state of cleanliness and maintenance etc.
  • It is also important to comply with all company related formalities imposed by Belgian corporate law (such as the registration with the Crossroads Bank of Enterprises, deposit of the company’s annual accounts, the accounting and financial record-keeping etc.)
  • Finally, other legislation might apply, such as the accessibility for disabled persons, sabam, food safety regulations etc.
    The operator of a hotel can voluntary request a recognition with the Tourism Flanders services in accordance with Flemish Tourist Accommodation Decree. It is also possible to request a comfort classification.

In Wallonia

The exploitation of a hotel needs to comply with the following conditions:

  • The operator needs to dispose of a fire safety certificate.
  • The building in which the hotel will be operated needs to comply with the urban planning regulations. For every construction and for certain transformations, a building permit is necessary. In certain cases, an environmental permit is necessary.
  • To be allowed to use the denomination “hotel”, an official authorization has to be obtained with the General Commission of Tourism. A classification is automatically attached to the authorization.
  • It is also important to comply with all company related formalities imposed by Belgian corporate law (such as the registration with the Crossroads Bank of Enterprises, deposit of the company’s annual accounts, the accounting and financial record-keeping, etc.)
  • Finally, other legislation might apply, such as sabam, food safety regulations etc.

In Brussels

The exploitation of a hotel is subject to the submission of a declaration file and must respect certain conditions:

  • Every touristic exploitation in the Brussels Region is subject to the prior declaration and registration with the Director – Head of Service Economy.
  • The hotel and its operator must also fulfill certain conditions. The operator needs, amongst others, to obtain a civil liability insurance, to comply with the labor legislation etc. As for the touristic exploitation, it needs to dispose of a fire safety certificate, be in a permanent hygienic state etc.
  • Apart from that, there are also specific conditions for the exploitation of hotels, such as the fact that the hotel must be operated for a minimum duration of 9 months, needs to be accessible for their visitors permanently, every room must have a door which can be closed and is easily recognizable, etc.
  • It is also important to comply with all company related formalities imposed by Belgian corporate law (such as the registration with the Crossroads Bank of Enterprises, deposit of the company’s annual accounts, the accounting and financial record-keeping etc.)
  • Finally, other legislation might apply, such as, sabam, food safety regulations etc.

 



Is your life insurance contract targeted by the new Cayman tax ?

Is your life insurance contract targeted by the new Cayman tax ?

As from 1 January 2018, the Cayman tax (or look-through tax) has been substantially modified and now also targets multilayer structures as well as certain life... read more

Inspiring Beyond - Tomorrow’s Tax & Legal solutions’

On 25 May, the concept ‘Inspiring Beyond - Tomorrow’s Tax & Legal solutions’ has been launched on the online platform of « De Tijd » and « L’Echo ». read more
New investors and control measures for institutional BE-REITs

New investors and control measures for institutional BE-REITs

A Royal Decree provides for the conditions under which an individual can invest in an institutional BE-REIT. read more