When should you apply or not apply these rules on opening hours?
When to apply?
These rules apply to sales made directly to a consumer and at a place where buyer (=consumer) and seller are physically present at the same time. Examples include shops in shopping streets or shopping centres.
When not to apply?
These rules are not applicable to wholesale, webshops and generally to services.
What about mixed situations?
My company mainly sells services but also has a space at the head office where consumers can buy a small range of several products related to our services. Which rules should I apply here?
If the services you sell or sales to non-consumers represent more than 40% of your annual turnover, then the entire company will fall outside the scope of the rules on opening hours.
What are the new rules?
- I have a day shop: you may be open every day between 05:00 and 21:00
- I have a night shop: you may be open every day between 18:00 and 07:00
- Mandatory rest day?: no, the mandatory rest day has been abolished and you may therefore be open 7 days a week
Are there deviations or exceptions?
The general framework will not suit everyone or all locations, so the legislator has provided some deviations and also allows municipalities to set separate rules in some cases.
Deviations depending on location
In some places these general rules will not apply:
- NMBS stations
- Airports and other ports for international travellers
- Fuel and charging stations along motorways
- Hospitals
- Seaside resorts and tourist centres (municipalities may allow wider opening hours here but not for night shops)
- Sales at the consumer's home when expressly requested by them
Deviations depending on the product
Also, depending on certain products, these rules will not apply:
- When selling newspapers and weekly magazines in a newsagent's shop
The rules also do not apply if an establishment mainly sells one of the following products:
- Carriers of audiovisual works, as well as their rental, and video games
- Fuel and oil for motor vehicles;
- Electricity in charging stations for electric and hybrid vehicles;
- Ice cream in individual portions;
- Foodstuffs prepared in the establishment unit and not consumed there.
Occasional deviations
At the request of one or more retailers (or an association of them), the college of mayor and aldermen may, in special and temporary circumstances or on the occasion of annual fairs and markets, grant deviations from the general rules to establishments located in the municipality or part of it. A municipality may do this for a maximum of 15 days per year.
Role of municipalities
The unlimited application of these general rules is not always desirable, so the legislator wants to give municipalities the possibility to regulate the following activities through a system of prior permits or specific operating rules such as opening and closing hours or location:
- Night shops
- Private telecommunication bureaux
- Newsagent's shops
- Adult sex exploitation
- Carriers of audiovisual works, as well as their rental, and video games
From when are the rules applicable?
The law was passed on 10 July 2026 and will enter into force 10 days after its publication in the official gazette.
What does Securex do for you?
We will monitor the publication and make it known here.
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Source
Law on opening hours | Chamber
