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Obligations during the works

📐 Topic4 min read

What you will learn What remains to be done once work has started, the three categories of obligation, what must stay available at all times, and the principle of updating.

Preliminary steps are not enough. Part of the obligations runs throughout the work, and that is the part discovered at an inspection.

What remains to be done once started

Three categories of obligation continue.

Tax obligations, notably as regards value added tax, covered in the article on VAT registration.

Duties of documentary availability, covered in the article on site inspections.

Duties of updating, every change having to be reported.

These three categories fall to different authorities, and a firm in order on one may be in default on another.

Ongoing obligation What it requires Frequency
Updating declarations Report any change At each change
Documents available Keep the papers on site At all times
Tracking the applicable regime Recheck if the works run on Periodically

The principle of updating

This is the thread running through the ongoing obligations. They are checked throughout the duration of the works.

Declarations made before starting describe a given situation.

That situation changes: contact person, place where documents are kept, accommodation of employees, composition of teams, duration of the mission.

Every change must be reported through the same channel as the initial declaration, as the article on the declaration and social badge explains.

A declaration accurate at the start but since become false no longer protects.

On a long project this point produces the most unintentional non-compliance.

What must stay available at all times

Four items, at any point during the work. They must be producible at an inspection.

The social badges of each posted employee present.

The documents kept at the address declared in Luxembourg.

The translations, where the originals are not in French or German.

Evidence of permit or notification, according to the applicable regime.

Availability is a substantive requirement, not a formality: a document that exists but is inaccessible is equivalent to a missing one at an inspection.

Monitoring the applicable regime

A review to plan for, not merely a performance. The position is rechecked if the project runs on.

The duration of the work may tip the regime, as the article on when work becomes establishment explains.

Widening the services may fall outside the scope of the permit, as the article on the professions concerned recalls.

Using a subcontractor mid-project creates new obligations, covered in the article on subcontracting.

These three developments are common on a project, and none triggers an automatic alert.

The articles in this branch

The article on VAT registration covers tax. The thresholds are set out there.

The article on site inspections covers checks. How they proceed is described there.

The article on penalties covers the consequences of default. The regimes are set out there.

The article on developments to watch covers what is moving. The reforms are followed there.

This article reflects the rules at the date of checking and serves professional orientation. It constitutes neither tax nor legal advice.

Frequently asked questions

Three categories: tax, social security and safety, checked throughout the duration of the works. They do not end when work starts.

Four items, at any point during the work, including the declarations and the employment documents. They must be producible at an inspection.

Yes, any change of situation is reported without delay. That is the thread running through the ongoing obligations.

Yes, if the work runs on, which calls for a review and not merely a performance. The shift to establishment is prepared before it is recorded.

Explore the articles in this guide

Working on a site in Luxembourg