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The checklist before starting

📐 Focus5 min read

What you will learn The four chronological stages, what to check at each, the five points of no return, and what remains to be done during the works.

This guide covers each obligation separately. This article puts them back in order, from first thoughts to starting on site.

Stage 1: before responding to a tender

Four checks, which condition the pricing. They are made before submitting a bid.

Place your situation against the three variables, origin, profession and duration, per the corresponding article.

Check insurance cover, notably its material and not only territorial scope.

Check the applicable mandatory rules, which may alter the cost of posted labour.

Check whether the profession carried on requires a permit or notification.

These four points have a cost, and that cost must appear in the bid. Discovering them after being appointed means bearing them out of your margin.

Step What it checks Timing
Before bidding The applicable regime and its cost Before the offer
After being selected The permits and insurance Before the contract
Before the first day The declarations and documents Before starting
At start-up The badges and the contact person First day

Stage 2: after being appointed

Four steps, to start immediately.

Start qualification recognition if required and not already held, the longest item on the timeline.

File the business permit application or make the notification, according to the applicable regime.

Adapt the insurance policy if the check at stage 1 revealed a shortfall.

Identify the contact person who will be present on the territory throughout the work.

The fourth step is the one dealt with latest, although it presupposes real organisation rather than a formal appointment.

Stage 3: before the first day of work

Five points, all mandatory.

Make the posting declaration, at the latest as work begins.

Print and hand out the social badges for each employee posted.

Establish the address in Luxembourg where documents are kept and make them accessible there.

Prepare the translations into French or German of documents not in those languages.

Verify the formalities of any subcontractor, that verification being capable of proof at the latest on the first day.

None of these five can be recovered after starting without putting the firm in default.

Stage 4: at start-up

Three checks on the ground.

Are the badges physically on site, rather than at the office.

Is the contact person reachable and genuinely present on the territory.

Are the documents genuinely accessible at the declared address.

These three checks correspond exactly to what an inspection looks at first, as the article on site inspections explains.

The five points of no return

After these moments, a right is lost or a breach is constituted. They belong in the programme from the outset.

Starting work without a posting declaration, which puts you in default immediately.

The first day of work without proven verification of the subcontractor.

Submitting the bid without checking insurance, the cost of adaptation then being unrecoverable.

Submitting the bid without checking the mandatory rules, for the same reason.

Starting a regulated activity without authorisation, which constitutes unlawful practice.

The first two concern compliance, the next two the economics of the project, the last the legality of the work itself.

What remains to be done during the works

Four ongoing obligations, covered in the corresponding branch. They are checked throughout the duration of the works.

Update declarations on every change.

Maintain the availability of documents and badges.

Re-examine the applicable regime if the project extends or the services widen.

Deal with tax obligations, notably as regards value added tax.

What this means for a professional

Four rules.

Treat the stage 1 checks as pricing elements, not as formalities.

Start qualification recognition on appointment, it is the critical path.

Never start without a declaration, no later regularisation existing.

Give this list to the site manager, the stage 4 points being checked on the ground.

This article sets out a method of professional orientation. It does not constitute legal advice.

Frequently asked questions

Four checks, which condition the pricing, on the applicable regime and its cost. They are made before submitting a bid.

Four steps, to be taken immediately, on permits, insurance and declarations. They precede signing the contract.

Five moments after which a right is lost or a breach is constituted. They belong in the programme from the outset.

Four ongoing obligations, covered in the corresponding branch, checked throughout the duration of the works. They do not end at start-up.

Working on a site in Luxembourg