Landscape architect
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The activities of landscape architects consist of researching and organising the planning, design, management, conservation and protection of the non-built environment.
In order to operate as a landscape architect, the business manager must have a business permit.
In the context of public procurement contracts, there are specific hourly reference rates (French, Pdf, 96 Kb) for architectural work for the public sector.
Who is concerned?
The activities of landscape architect or landscape engineer include:
- the planning;
- the design;
- the management;
- the conservation; and
- the protection of the environment outside built-up areas.
All professionals holding a business permit as architects can also work as landscape architects and interior architects.
Salaried workers or civil servants do not need a business permit in order to work as landscape architects for their employer/administration.
Landscape architects legally established abroad (in the Swiss Confederation or in a country belonging to the European Economic Area) may provide temporary and occasional services in Luxembourg without a business permit and without giving prior notification.
Prerequisites
Compliance with the conditions for access to the profession is verified by the General Directorate for Small and Medium-Sized Enterprises at the time the application for a business permit is submitted.
- Sole proprietorship
- Company
Natural persons who wish to work as a landscape architect in their own name, in the context of a sole proprietorship, must meet the legal conditions of professional integrity.
Companies carrying out the activity of landscape architects must appoint at least one natural person, the managing director, who must:
- meet the legal requirements in terms professional integrity;
- effectively manage the day-to-day business on a permanent basis;
- have a genuine link with the company (be the owner or authorised representative registered in the Trade and Companies Register); and
- have paid all social security contributions and taxes, either in their own name or through the company they manage or have managed.
Business permit
The business permit is issued to the company (either to the manager practising in their own name, or to the company they run) if the manager meets the legal conditions of a professional integrity.
The information page Applying for a business permit contains all the information relating to this procedure.
Place of business
The company or sole proprietorship must have a fixed place of business in Luxembourg (no 'letter-box' companies).
Necessary qualifications
The applicant must have a master's degree in landscape architecture or engineering or equivalent. This diploma must be:
- issued by a higher education institution recognised by the State in which that institution's head office is registered;
- possibly, entered in the register of certificates.
The documents attesting to the qualifications are the following:
- a copy of the master's degree in landscape architecture or engineering;
- a copy of the ministerial order of registration in the register of certificates, if requested;
- a certificate (EC certificate of experience or equivalent) delivered by the competent authority or body of the country of origin (generally a professional association) in case of prior professional activity in another EU Member State;
- a certificate of affiliation with the Joint Social Security Centre, in case of professional practice in Luxembourg;
- non-resident applicants must provide a certificate from the competent foreign authority certifying that they have access to the profession of landscape architect in their country of origin.
Preliminary steps
Entry into the registry of certificates
In order to establish the level of the foreign diploma, the Minister of the Economy may require the applicant to have their diplomas registered in the register of certificates.
Specificities of BENELUX university diplomas
These diplomas are recognised automatically (in terms of their registration in the register of certificates) in all 3 BENELUX countries, provided that they have been issued by an establishment that is recognised in the country in which the diploma was obtained.
These diplomas therefore do not need to be recorded in the register of certificates in Luxembourg.
However, automatic recognition is limited to the following degrees:
- for the Flemish community of Belgium: the 'graad van bachelor' and the 'graad van master';
- for the French-speaking community of Belgium (Fédération Wallonie-Bruxelles): the 'grade académique de bachelier' and the 'grade académique de master';
- for the German-speaking community of Belgium: the 'Diplom Master' and, if applicable, a masters' degree from the germanophone community of Belgium;
- for the Netherlands: the 'getuigschrift bachelor' and the 'getuigschrift master'.
In the absence of such a diploma the applicant needs to request a confirmation that their diploma is officially recognised in the BENELUX country where it was awarded.
How to proceed
Insurance and registration with the Order of Architects and Consulting Engineers (OAI)
After obtaining the business permit, the business manager must:
- take out a specific civil liability insurance which covers their activity, as well as their employees' activities;
- register with the OAI (see registration procedure).
Registrations/ affiliations depending on the legal form of the company
- Sole proprietorship
- Companies
After obtaining a business permit, the operator of a sole proprietorship must:
- go to the Joint Social Security Centre to register as self-employed;
- submit an operating declaration to the social security administration (if they intend to hire staff);
- register for VAT.
After obtaining a business permit, the manager of a:
- partnership (SCS, SENC);
- capital company (SA, SARL, SCA, SE);
- simplified limited liability company (SARL-S);
must:
- submit an déclaration d'exploitationoperating declaration to the social security administration if they intend to hire staff;
- register themselves as an employee or as self-employed with the social security;
- register for VAT.
Please note: the manager of a simplified limited liability company must also file the draft articles of association of the company with the Trade and Companies Register. There is, however, no need to incorporate the company in the presence of a notary. A private deed will suffice.
Temporary service provision in Luxembourg
Landscape architects legally established abroad (in the Swiss confederation or in a country of the European Economic Area) can freely offer their services in Luxembourg. There is no need for a business permit or a specific notification to the Ministry of the Economy.
However, when active in Luxembourg, the service provider is subject to the national rules of professional, regulatory or administrative conduct directly related to their professional qualifications. The service provider is also subject to the disciplinary provisions applicable to Luxembourg professionals.
Landscape architects can contact the Order of Architects and Consulting Engineers (OAI) for further information.
They must also:
- request their registration on the OAI's list of occasional service providers;
- take out a specific civil liability insurance which covers their activity, as well as their employees' activities. If their insurance taken out in their country of origin does not cover all legal and contractual liabilities incurred in Luxembourg they must:
- adapt their insurance; or
- take out a specific civil liability insurance covering their activities and those of their employees.
If the landscape architect, as a self-employed professional:
- provides services on their own, they have to contact the Registration Duties, Estates and VAT Authority (AED);
- provides services with one or more employees, they have to contact the Inspectorate of Labour and Mines (ITM).
Obligations of all professionals
Each professional must comply with the following throughout their existence:
- all requirements with respect to obtaining a business permit; and
- all laws and regulations with respect to business management.
Sanctions
Professionals without a business permit run the risk of criminal sanctions (imprisonment and fines) and the temporary closure of the establishment.
Online services and forms
Who to contact
General Directorate for Small and Medium-Sized Enterprises (Department for Authorisations of Establishment)
-
Ministry of the Economy General Directorate for Small and Medium-Sized Enterprises (Department for Authorisations of Establishment)
- Address:
-
Luxembourg
PO box 535 / L-2937 Luxembourg
- Phone:
- (+352) 247-74 700
- Email address:
- info.pme@eco.etat.lu
- Website:
- https://meco.gouvernement.lu/en.html
The telephone helpline is open Monday to Friday, from 9.00 to 12.00 and 13.30 to 16.30 (not on public holidays).
Order of Architects and Consulting Engineers
-
Order of Architects and Consulting Engineers
- Address:
- 6, boulevard Grande-Duchesse Charlotte L-1330 Luxembourg Luxembourg
- Phone:
- (+352) 42 24 06
- Fax:
- (+352) 42 24 07
- Email address:
- oai@oai.lu
- Website:
- http://www.oai.lu
Closed ⋅ Opens Monday at 9.00
- Saturday:
- Closed
- Sunday:
- Closed
- Monday:
- 9.00 to 12.00, 14.00 to 16.00
- Tuesday:
- 9.00 to 12.00, 14.00 to 16.00
- Wednesday:
- 9.00 to 12.00, 14.00 to 16.00
- Thursday:
- 9.00 to 12.00, 14.00 to 16.00
- Friday:
- 9.00 to 12.00, 14.00 to 16.00
Monday to Friday from 09.00 - 12.00 and 14.00 - 16.00
Related procedures and links
Procedures
Links
Further information
-
Modalités d'inscription à l'OAI
sur le site de l'Ordre des Architectes et Ingénieurs-Conseils (OAI)
-
Brochure sur les études et métiers de l'architecture, de l'ingénierie, de la construction et de l'urbanisme
du ministère de l'Enseignement supérieur et de la Recherche
Legal references
-
Loi du 13 décembre 1989
portant organisation des professions d'architecte et d'ingénieur-conseil
-
Loi modifiée du 2 septembre 2011
réglementant l'accès aux professions d'artisan, de commerçant, d'industriel ainsi qu'à certaines professions libérales
-
Loi modifiée du 28 octobre 2016
relative à la reconnaissance des qualifications professionnelles
-
Règlement grand-ducal du 17 juin 1992
déterminant la déontologie des architectes et des ingénieurs-conseils
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