The Ministry of Environment, Climate and Sustainable Development is the main Luxembourg authority responsible for land development and environmental regulation. Three administrations in this ministry, the Environment Agency, the Nature Conservation Agency and the Water Management Agency, as well as local authorities, promote and implement the environmental policies.
The main environmental laws relating to the use and occupation of real estate are the following:
- Law of 10 June 1999 relating to classified establishments (Commodo/Incommodo), as amended
- Law of 30 July 2013 on land planning, as amended
- Law of 19 July 2004 relating to the organization of communities and the development of cities, as amended
In addition, there is a Luxembourg Environmental Code, which compiles all legislation and regulations on environmental matters.
- The main permit required in Luxembourg for performing construction on real estate is the construction permit (Autorisation de construire). Legal entities and individuals must apply before local administration to obtain this mandatory permit for the construction, arrangement, transformation or expansion of houses and residential or commercial buildings.
- Certain activities, installations or constructions require a special authorization (commodo/incommodo procedure). The law provides a list of these classified establishments categorized in accordance with their potential polluting or other hazardous activities. If any modification to the activity occurs, the classified establishment has to notify the competent authority which decides if a new authorization is required.
- Permits (the general development plan or the so-called plan d’aménagement du territoire) relating to municipalities’ lands, which have to be approved by the Communal Council and by the minister for Home Affairs.
- A specific permit is also required for building in a “green zone.”
Most of the legal provisions on environmental cleanup can be found in the framework of hazardous activities. Luxembourg law allows investigations from environmental authorities and imposes certain obligations on companies with hazardous activities such as site rehabilitation at the end of the activity.
In a sale or lease, sellers or landlords must provide an energy performance certificate (EPC).
This EPC is required for all newly constructed buildings and existing buildings.
The EPC is issued by qualified experts and remains valid for a period of 10 years.