Transferring an establishment subject to an environmental permit or declaration

Summary

Would you like to transfer all or part of your establishment authorised by an environmental permit or declaration to another operator?

You do not need to start a new permit or declaration procedure. The permit obtained for your establishment or the declaration remain valid until they expire.

Transfer from the licensee to the future operator

Only one joint notification of transfer must be formalised between:

  • you: the transferor, current licensee, and
  • the lessee, also known as the transferee or future operator

You remain the holder of the license and the associated obligations until the transfer has been formalised by the competent authority.

Together with the lessee, formally complete the transfer request (see forms section) and send it to the municipality where the business or part of it is located.

This transfer request is free of charge.

Key points

As long as the transfer has not been formalised, the transferor and lessee remain jointly and severally liable for any environmental damage that may occur. 

The same applies when a bank guarantee is required.  The transferor and transferee remain jointly and severally liable until the new bank guarantee is created.

 
In detail
Target audience - details
  • The transferor, holder of an environmental permit or declaration
  • The lessee, also known as the transferee and future operator of all or part of the establishment authorised by the permit or declaration

The transferor or lessee may be:

  • a citizen
  • a company
  • a natural person (self-employed)
  • a legal entity (SME and large business)
Benefits

No new application procedure for an environmental permit, single permit or environmental declaration to be submitted.

Procedure
  1. Download and complete the form available in the "Forms" section below.

The form must be completed jointly by the transferor and the transferee.

Don't forget the descriptive plan of the establishment in the event of a partial transfer.

 

  1. Submit the completed and signed form to the municipality where the establishment is located.

The signature must be that of the agent(s) officially representing the company and authorised to commit it.

 

The municipality is responsible for notifying the Technical Civil Servant of the transfer of your establishment (Class 1 or 2).

It is responsible for the environmental declarations.

Conditions

The transferor and the lessee must apply for the transfer together, using the transfer form.

They must complete:

  • their respective contact details
  • the contact details and identification of the transferred or shared establishment
  • the list of authorisations
    • covered by the transfer
    • still valid
  • the type of transfer requested: total or partial

In the event of a partial transfer, the transfer request must include:

  • an updated descriptive plan of the establishment, including the elements of the transfer, such as:
  • the transferred or shared buildings
  • the transferred or shared facilities and activities
  • the transferred or shared substance deposits
  • the transferred or shared water discharges
  • the transferred or shared water overflows
  • the transferred or shared air discharges

Each transferred or shared element must be accurately listed in the transfer request.

All the information to be completed is provided in the "Transfer form" that can be downloaded from the "Forms" section below.

Contacts
Services
The municipality where the proposed establishment is located (only available in french)
Contact the Declarations Service of the Permits and Authorisations Department of SPW ARNE
Contact the Charleroi branch of the SPW ARNE Permits and Authorisations Department
Contact the Liège branch of the SPW ARNE Permits and Authorisations Department
Contact the Mons branch of the SPW ARNE Permits and Authorisations Department
Contact the Namur-Luxembourg branch of the SPW ARNE Permits and Authorisations Department
Updated on :
Process n° : 3070
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