While efforts to encourage entrepreneurship have led to increasing administrative simplification in recent years, starting a business in Belgium still requires careful preliminary analysis.
Since the sixth State Reform, the legislation governing access to regulated professions has undergone significant changes, resulting in different legal requirements depending on the region where your business is established.
For company directors, craftsmen, and construction entrepreneurs, ignoring these rules is not merely an administrative oversight: it may result in the nullity of contracts, substantial fines, or even the dissolution of the company itself.
Below is a detailed overview of the current rules governing access to regulated professions and the consequences of non-compliance.
1. The Current Framework: A Three-Speed Belgium
Historically, anyone wishing to start a commercial or craft business had to demonstrate basic business management knowledge. Today, the requirement to prove such knowledge has been abolished in all three Regions, but important differences remain:
In Flanders
As a pioneer in this area, the Flemish Region abolished the requirement for basic business management knowledge some time ago and has gradually dismantled access requirements for certain professions. For example, the regulations governing access to construction-related professions were repealed as of January 1, 2019.
In the Brussels-Capital Region
A reform that entered into force at the beginning of 2024 abolished the requirement to prove basic management knowledge. The same reform also removed the obligation to demonstrate professional competence for several specific professions (meat wholesaler, dry cleaner, pedicurist, massage therapist, and dental technician). However, other regulated activities, particularly in the construction sector, still require proof of professional competence.
In Wallonia
Since October 1, 2025, self-employed individuals and newly established companies are no longer required to prove basic business management skills. This measure aims to simplify business creation and align Wallonia with the other Regions. However, specific professional qualifications remain mandatory for regulated activities. Wallonia therefore retains the most stringent regime of the three Regions.
2. Which Activities Are Concerned?
The sectors subject to mandatory professional qualifications in Brussels and Wallonia can be grouped into four main categories.
Construction
Construction remains the most heavily regulated sector. It includes, among others:
- Structural construction work;
- Roofing and waterproofing;
- Carpentry and joinery;
- Tiling;
- Glazing;
- Electrical installations;
- Specialized technical installations (heating, air conditioning, plumbing);
- General contracting.
For each of these activities, the entrepreneur must demonstrate specific professional competence.
Food Industry
The second protected sector concerns food-related activities, including:
- Restaurants;
- Catering services;
- Bakeries and pastry shops;
- Butcheries and delicatessens.
These activities remain subject to access requirements, which should not be confused with the additional sanitary and environmental regulations that also apply.
Personal Care Services
Hairdressing, beauty treatments, optical care, dental care, and funeral services continue to be subject to specific access requirements in Wallonia and, for the most part, in Brussels.
Automotive Sector
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This category includes:
- The sale of used vehicles;
- Bodywork repairs;
- Mechanical or electronic maintenance of motor vehicles.
3. How Can Professional Competence Be Proven?
Proof may be provided in several ways, and accredited enterprise counters are responsible for assessing the validity of the evidence.
The main forms of proof are:
- A diploma related to the relevant activity (technical, vocational, or higher education);
- Sufficient professional experience in the sector, acquired in Belgium or abroad (generally between three and five years, depending on the position held);
- A certificate issued by the Central Examination Board or the Enterprise Examination Board following an oral or written examination.
Recognized qualifications are subsequently recorded in the Crossroads Bank for Enterprises (CBE), which serves as the primary source of verification for third parties. However, such registration does not eliminate the need to produce supporting documents themselves in the event of a dispute.
In practice, before signing any contract, it is therefore essential to consult the CBE and verify that the NACEBEL codes corresponding to the regulated activity have been duly registered.
For activities involving subcontractors, the main contractor must also ensure that subcontractors possess the required authorizations for the work entrusted to them. A subcontractor’s lack of authorization may affect the validity of the principal contract.
4. Sanctions: A Matter of Public Policy
Access to regulated professions is a matter of public policy. Consequently, any contract concluded with an entrepreneur who did not possess the required professional authorization at the time of signing is subject to absolute nullity.
This means that the contract is deemed never to have existed.
In practice, the entrepreneur cannot claim payment for the work performed based on the contract, since the contract is void and cannot be relied upon (nemo auditur). Only a claim based on unjust enrichment may allow recovery of part of the expenses incurred, but never the profit that would otherwise have been earned.
Furthermore, the unlawful exercise of a regulated profession is not merely a private dispute; it constitutes an offence actively pursued by the labour inspectorate and severely sanctioned under the Social Criminal Code (with fines that may exceed EUR 50,000 and, in the most serious cases, imprisonment and professional disqualification).
Finally, the lack of professional authorization may threaten the very existence of the legal entity itself, particularly considering the legislative proposal of January 13, 2026, targeting non-compliant companies. Under this proposal, a company’s failure to comply with its legal obligations would constitute a direct ground for judicial dissolution.
Accordingly, the continuous exercise of a regulated profession without holding the required qualification constitutes a breach of public policy that may result in the company being summoned before the Chamber for Enterprises in Difficulty and the Enterprise Court ordering its outright dissolution.
Structuring a commercial or craft activity, choosing the appropriate place of establishment, and verifying compliance with professional access requirements are crucial steps. An error in this regard may prove fatal.
Whether you need to verify the compliance of your activities, audit a company’s risks, or defend your interests before courts and tribunals, Vanbelle Law Boutique provides tailored assistance, combining legal rigor with an in-depth understanding of entrepreneurial realities and judicial practice.
