A circular of 17 February 2016 specifies the scope of application of the Walloon Region's decree of 5 February 2015 on commercial establishments
Petrol station projects being examined by the Walloon Minister for the Economy!
On 17 February 2016, the Walloon Minister for the Economy, Industry, Innovation and Digital Affairs issued a circular aimed at "specifying the scope of application of the decree of 5 February 2015 on commercial establishments".
After recalling that the decree on commercial establishments only applies to "retail establishments", namely "any distribution unit whose business is to routinely resell goods to consumers in its own name and on its own account, without carrying out any other processing on the goods other than the forms of handling that are customary in trade", the Minister specifies that the decree also applies to "petrol stations, the sale of clothing, kitchen unit manufacturers, showrooms in the broad sense, including those of the automobile sector and DIY stores".
The circular then focuses on petrol station projects. It should be recalled that in accordance with the decree of 5 February 2015, only retail establishments with a net retail surface of more than 400m2 must apply for a "retail permit". The Minister points out that regarding petrol stations, refuelling areas, as well as shops, if any, must be taken into account in the calculation of the net commercial floor space.
The Minister also provides a series of clarifications on cases where town-planning projects relating to commercial developments include a petrol station. The circular is, therefore, especially important with respect to permits for the construction and operation of petrol stations because in such a case in the Walloon Region, an integrated permit within the meaning of the decree of 5 February 2015 – and not a "simple" global permit – must be applied for.
Associated areas of specialisation: Environment, Proprety and urban planning