Closing times and weekly rest day for retail trade

The retail trade sector is subject to legislation imposing closing hours and a weekly rest day. There are exceptions to this general principle. Services (e.g., hospitality, hairdressers) are not subject to this legislation.

Description of “weekly rest day”

All retailers must observe the weekly rest day.

A weekly rest day means an uninterrupted period of 24 hours beginning at 5 a.m. or 1 p.m. on Sunday and ending at the same time on the following day.

During that day, consumers have no access to the establishment and direct sales of products to consumers are prohibited. Home deliveries are also not allowed.

The weekly rest day must remain the same for at least three months. Retailers or service providers who change their weekly rest day must indicate this in a clear and externally visible way at least one week before the beginning of the month in which the change applies.

Sunday or another day?

Retailers may choose a day other than Sunday as their weekly rest day. In that case, they must clearly and legibly display the weekly rest day and the start time.

Description of “closing times”

Retailers must adhere to legal closing times. Most shops (which are just open during the day) must observe the following closing times:

• before 5 a.m. and after 8 p.m.;
• before 5 a.m. and after 9 p.m. on Fridays and the working days preceding a bank holiday. If the bank holiday is a Monday, the shop may stay open until 9 p.m. the Saturday before.

What regime applies to night shops?

For night shops, closing times are between 7 a.m. and 6 p.m., unless a municipal ordinance establishes different closing times.

Conditions to be met to operate a night shop

There are three conditions to operate a night shop:

• the net sales area must not exceed 150 m²;
• no activity other than the sale of general food and household products may be carried out;
• the designation “night shop” must be permanently and clearly displayed.

What regime applies to private telecommunications offices?

A private telecommunications office (or phone shop) is a publicly accessible establishment for providing telecommunications services.

For private telecommunications offices, closing times are between 8 p.m. and 5 a.m., unless a municipal ordinance establishes different closing times.

Special provisions

A municipal ordinance may subject any prospective night shop, private telecommunications office or adult sex establishment to prior authorisation to be granted by the Board of Mayor and Aldermen.

Prior authorisation may also be imposed on establishments whose main activity is the sale of the following products:

• newspapers, magazines, tobacco and smoking products, telephone cards and National Lottery products;
• carriers of audiovisual works and video games, as well as their rental.

A municipality may impose prior authorisation for the two establishment types listed above only if consumer access to the establishment and the sale of products to consumers occur before 5 a.m. and after 9 p.m.

This authorisation may be denied based on the following objective criteria:

• geographical location;
• public order;
• safety;
• peace; and
• protection of vulnerable citizens.

Those criteria should be clarified in a municipal ordinance.

Based on the same criteria, the municipal ordinance may restrict the establishment or operation (including opening hours) to part of the territory. This must not lead to a blanket ban or quantitative restriction.

The Mayor may order the closure of these establishments if they violate municipal regulations or the decision of the Board of Mayor and Aldermen.

Are there any derogations from this legislation?

There are three types of derogations from the regulations on the weekly rest day and opening hours.

Derogations for certain forms of trade

Certain sectors are not subject to the legislation:

1. sales at the home of a consumer other than the buyer (e.g., “home parties”);
2. home sales upon invitation by the consumer;
3. sales and services in public stations (train, metro, etc.);
4. sales and services in port areas and international airports; 
5. services to be performed due to urgent necessity;
6. the sale at service stations or establishments located on the perimeter of motorways of an assortment of general food and household products, excluding distilled alcoholic beverages and fermented beverages with an alcohol volume exceeding 6 %, provided that the net sales area does not exceed 250 m²;
7. sales and services at hospitals when the net sales area of the establishment does not exceed 150 m². Consumers must only have access to the establishment and the sale of products or services in the establishment during the hospital's visiting hours, as well as half an hour before and half an hour after.

Furthermore, the provisions on closing times and the weekly rest day do not apply to establishments whose main activity is the sale of any of the following product groups:

1. newspapers, magazines, tobacco and smoking products, telephone cards and National Lottery products;
2. carriers of audiovisual works and video games, as well as their rental;
3. fuel and oil for automotive vehicles;
4. ice cream in individual portions;
5. food prepared in the establishment and not consumed there.

An activity is the main activity if the sales of the product group that constitutes it represent at least 50 % of the annual turnover.

Municipalities can introduce additional conditions for certain activities through municipal ordinances.

Derogations for special circumstances or fairs and markets

On the initiative of one or more traders acting in their own name or in the name of a group of traders, the College of Mayor and Aldermen may in some cases grant derogations:

• on the occasion of special and temporary circumstances (public holidays, sale season, celebrations, etc.);
• on the occasion of annual fairs and markets.

The number of derogations is limited to 15 days per year.

These derogations apply to all or part of the municipality's territory. Under no circumstances can individual derogations be allowed.

Derogations in tourist destinations

Derogations are also provided for seaside resorts and municipalities or parts of municipalities recognised as tourist destinations.