Sale by unpacking: rules to be respected

Verified 09 October 2024 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of the Interior

Unpacking is the sale or repurchase of goods in premises or on premises not for sale to the publicand from specially equipped vehicles. The sale for unpacking is subject to a specific regulation.

Unpacking is the sale or repurchase of goods in premises or on premises not for sale to the public.

The sale by unpacking may be carried out in next locations :

  • Sites on public roads or in the public domain, without a permanent occupation for the purpose of carrying on a commercial or craft activity (e.g. stations, sidewalks)
  • All spaces not included in the area intended for sale within a commercial establishment (e.g. parking lot or shopping mall)
  • Premises or places the use of which for a commercial or craft activity is not proved by a reference to the SCR: titleContent (e.g. lobby or hotel meeting room)
  • Vehicles specially adapted for the sale of goods to the public.

Example :

Attic sale, second-hand shop, sale of products in a hotel, sale in a tent in a shop’s car park, sale of goods of a different nature from those usually marketed in the premises (e.g. purchase of precious metals in a tobacco bar), sale in a premises not used for sale in a shopping arcade...

The mayor may forbid the organization of an unpacking sale at certain locations if this proves to be justified on grounds of public policy (e.g. area particularly exposed to flood risks).

The organizer of an unpacking sale may be required to carry out a prior declaration to the mayor the municipality of the place of sale.

How do I declare the sale for unpacking?

The declaration must be made by registered letter or delivered against receipt to the mayor of the commune, by means of the form 13939. The declaration must be accompanied by proof of identity of the organizer.

One copy must also be addressed to the Departmental Directorate for Employment, Labor, Solidarity and Protection of the Population (DDETSPP) of the place of sale.

Pre-Declaration of an Unpacking Sale - Form 13939

Who shall I contact

Warning  

Making an unpacking sale without declaration shall be punished by a fine of €15,000 for a natural person (individual contractor) and €75,000 for a legal person (business). The court may also order the publication of the sentence or its dissemination, including in the written press.

How long will it take to apply?

The deadline for making the declaration in the town hall varies according to the place of sale :

  • Sale outside public space : declaration at least 15 days before the date scheduled for the start of the sale.
  • Sale on public space : simultaneous declaration at the request oftemporary occupancy permit in the public domain (AOT). The deadlines vary according to the municipality.

Which organizers are exempt from the declaration?

On the other hand, prior declaration is not required for the following:

  • Professionals with a road or parking permit for sales on the public highway
  • Professionals on sales tours
  • Professionals conducting public auctions
  • Organizers of trade events held in an exhibition park
  • Organizers of fairgrounds and agricultural events where only producers or breeders are exhibiting.

The organizer of an unpacking sale may authorize the participation of the following persons:

  • Professionals enrolled in SCR: titleContent : Individual entrepreneurs (IS) or businesses
  • Individuals not enrolled in the SCN : they must sell only personal and used items. Individuals are limited to 2 participations per year.

Please note

The legal arrangements for sale by unpacking shall apply to all goodswhether or not they are manufactured, whether or not they are usually sold by the seller, whether or not they are fully unpacked.

For sales by unpacking authorized for individuals, the organizer shall keep a daily special register allowing sellers to be identified. This register is kept and initialed, before the demonstration, by a police department, gendarmerie or the mayor. The register shall comply with a mandatory template.

Throughout the event, this register must be made available to the police and gendarmerie, tax, customs, competition, consumer and fraud departments.

It must be deposited at the prefecture or sub-prefecture of the venue of the event, at the latest in the 8-day period after this one.

Who shall I contact

Warning  

The absence of a register or the refusal to submit it to the administrative authorities shall be punishable by 6 months imprisonment and €30,000 of fine.

A sale by unpacking may not exceed 2 months per year in the same premises or on the same location or in the same arrondissement in large cities. This period may be fractional or continuous.

If the sale period is exceeded, the mayor must inform the declaring organizer of the penalties incurred at least 8 days before the start of the sale.

Warning  

Failure to comply with the authorized period shall be punishable by a fine of €1,500. In the case of a repeat offense, the fine may be up to €3,000.

Limitation of the duration of the sale does not concern the following persons:

  • Professionals with a road or parking permit for sales on the public highway
  • Professionals on sales tours
  • Professionals conducting public auctions
  • Organizers of trade events held in an exhibition park
  • Organizers of fairgrounds and agricultural events where only producers or breeders are exhibiting
  • Fruit and vegetable sellers, when the sale is made during a period of economic crisis.

The trader may incur sanctions where it derogates from the obligations to declare in town hall, to keep a maximum authorized period or to keep a register for sales open to individual sellers.

In the absence of a declaration in the town hall

Making an unpacking sale without declaration in the town hall is punished by the correctional court with a fine of €15,000 against a natural person (individual entrepreneur) and €75,000 against a legal person (business, association, etc.).

Please note

The court may also order theposting of the sentence delivered or distributed, in particular in the written press.

As of January 26, 2023, the offender can avoid prosecution in the Correctional Court by choosing to settle an flat-rate fine.

The amount of the flat-rate fine depends on the date on which it is paid:

  • €150 for a natural person and €750 for a legal person who settles within 15 days of the infringement or, if the infringement notice is sent to him, within 15 days of the dispatch.
  • €200 for a natural person and €1,000 for a legal person who settles after the 15-day period but within 45 days of the infringement or the sending of the notice of infringement.
  • €450 for a natural person or €2,250 for a legal person who settles after the 45-day period following the infringement or the sending of the infringement notice.

In the event of non-compliance with the authorized period

Making an unpacking sale without complying with the maximum duration of 2 months shall be punished by a fine of €1,500. In the case of a repeat offense, the fine may be up to €3,000.

In the absence of a register

For unpacking sales authorized to particular participants (e.g. attic room), the organizer must hold a register allowing sellers to be identified. This register must be made available to the police and gendarmerie services, tax services, customs services, and the competition, consumer and law enforcement services.

The absence of a register or the refusal to submit it to the administrative authorities shall be punishable by 6 months imprisonment and €30,000 of fine.

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