Itinerant trade

Are you operating a type of business that requires you to go where customers are? Or do you simply not have the funds to afford a shop window on Avenue Louise? In many cases, itinerant trade represents a credible alternative to setting up shop in commercial premises. But it's vital to do your research before getting started...

What is meant by itinerant trade in Brussels? 

First of all, here's the definition: "an itinerant activity refers to a trader offering and displaying for sale products and services to consumers outside of their place(s) of business registered with the Crossroads Bank for Enterprises, or to any other person who does not have such a place of business doing the same".

This definition therefore includes businesses making sales at markets, flea markets, cultural and sporting events, on public land, in commercial parking lots, station concourses, shopping arcades, etc.

Do itinerant activities require an authorization?

As of 1 April 2024, regional authorization or an "itinerant trader card" are no longer required for itinerant (or fairground) activities in Brussels.

There is, however, an exception for itinerant activities carried out in the consumer's home, which require authorisation.

Itinerant traders and fairground vendors must also comply with certain rules.

How to obtain an authorization for itinerant activities in consumers' homes? 

What are the procedures to follow?

Companies engaged in mobile sales activities in consumers' homes must apply for regional authorization at an approved enterprise counter. To receive authorization, applicants must:

• Already be registered with Crossroads Bank for Enterprises
• Present a criminal record certificate less than three months old, showing that the applicant has not been convicted of a number of clearly-defined offences (homicide, sexual offences, abuse of a vulnerable person, theft, extortion, fraud, etc.).

The applicant may be a natural or legal person. In the case of a legal entity, it is the person responsible for the day-to-day management of the company who must provide the criminal record certificate. If this person leaves the company, a new application will have to be submitted.

How should itinerant traders identify themselves at consumers' homes?

The authorization is now digitised and registered with the Crossroads Bank for Enterprises. Even so, traders must present their authorization to consumers, for example, by printing Crossroads Bank for Enterprises registration data for the company or displaying it on a smartphone.

Separate authorization is not required for agents or employees carrying out a itinerant activity in a consumer's home on behalf of a company. They are, however, subject to the same ethical requirements. It is up to the company to ensure that this condition is met, and to request the criminal records of its employees or agents.

How much does it cost to obtain authorization for itinerant trade in consumers' homes?

The authorization costs €150 and is valid for five years. So remember to apply for renewal on time.

Are certain products forbidden from sale in the context of itinerant trade in the consumers' homes?

Products and services worth more than €250 may not be sold in consumers' homes. However, there is an exemption for:

• water, gas, electricity and telephone services
• TV and Internet access
• sales of household appliances and home and garden furnishings and services have been capped at a maximum price of €700 and limited to the sale of a single item or service

Transitional measures

If you have authorization for an itinerant activity in consumers' homes issued before 1 April 2024, it remains valid until 31 March 2029.

You can therefore continue to carry out this activity, as long as ethical requirements are met and the natural person holding the authorization remains active within the company.

If you have a question about any of the above, or operate in different parts of the country, please contact an approved enterprise counter for more information.

What are the rules governing itinerant trade in public places?

As of 1 April 2024, regional authorization or an "itinerant trader card" are no longer required for itinerant (or fairground) activities in Brussels. But there are still rules about what is allowed.

Where is itinerant trading allowed?

You are not allowed to set up your stall or park your sales vehicle anywhere. Itinerant trade can only be carried out in certain specifically defined locations, namely:

• public markets;
• private markets authorised by the municipality;
• public land;
• private verges of public streets and commercial parking lots with the prior agreement of the municipality and the owner of the site;
• station, metro and airport lobbies;
• shopping malls;
• fairs, only for mobile fairground food businesses;
• Hotels, restaurants and cafés but only for the sale of flowers.

Itinerant trade may also be authorised at certain events:

• flea markets authorised by the municipality;
• cultural and sports events, provided that the products sold are related to the purpose of the event or are snacks and refreshments.

Are there any other rules for itinerant traders? 

Yes, municipalities can set additional conditions for itinerant trade. Depending on their own regulations, they decide, among other things:

• places, days and times of events taking place in their area (e.g. a market);
• products and services that can be sold there;
• the allocation and size of pitches.

In addition, other authorizations are required for all trading activities, whether itinerant or not. In particular, you should be aware about regulated professions.

If you sell food products, you will also need FASFC authorization. However, this is not required for occasional sellers.

How should itinerant traders identify themselves?

As an itinerant trader, you must be clearly identified when you are trading, by means of an identification sign affixed to your stall, truck or other outlet. This identification is intended to inform and protect consumers.

The sign must include the following information:

• surname and first name of the person carrying out the activity, or assuming day-to-day responsibility for the legal entity, or on whose behalf the activity is carried out;
• registered company name and/or trade name;
• the municipality of the company's registered address or place of business (and, if the company's registered address is not in Belgium, the country and municipality in which it is located);
• Crossroads Bank for Enterprises registration number (or equivalent identification number for foreign companies).

Are itinerant traders forbidden from selling certain products? 

Yes, there is a list of products that may not be sold by itinerant traders either on the street or in consumers' homes:

• medicines, medicinal plants and medicinal plant products;
• medical and orthopaedic devices;
• corrective lenses and frames, corrective contact lenses;
• precious metals and stones, natural and cultured pearls;
• weapons and ammunition.

Need more information? Visit the Brussels Economy and Employment website, which explains many of the above points in more technical detail. Municipalities and enterprise counters can also provide useful information.