Outdoor Advertising: Installation Rules
Verified 04 January 2024 - Legal and Administrative Information Directorate (Prime Minister), Ministry of the Environment
The installation of a advertising space must comply with conditions of location, size and density. This advertising space can then be rented to a company who would like to post an advertisement to promote their business.
You settle advertising space
What's that?
The publicity is an inscription, form or image intended to inform or attract the attention of the public.
We are talking about advertising outside when visible from a lane open to public traffic (road, motorway, road, railway, etc.). Thus, advertising settled, for example, inside a premises, a shopping center or in a gated station is not concerned.
The exterior advertisement may be bright or non-bright. It can be settled on the floor or affixed to a wall, a tarpaulin or even a advertising vehicle.
Please note
All advertising must mention address and name (or the name of the company) of the natural or legal person who affixed it or had it affixed. Failure to do so shall be punishable by €7,500 of fine.
What's the difference between a sign and a pre-sign?
Outdoor advertising shall not be confused with the following:
- One sign is an inscription, form or image affixed to a building relating to an activity carried on there. In other words, the sign is an outward sign visible and affixed to an establishment (e.g. company name, logo or both, etc.). It allows report the presence of the operating room and specify the purpose (restaurant, tobacco, hotel, clothing, optics, etc.).
- One pre-sign is an inscription, shape, or image indicating the proximity of a building where a particular activity is pursued. Unlike the sign, the pre-sign is not not affixed to the building where the activity is carried out. It is positioned before the sign itself.
The distinction between pre-brand and advertising lies in a symbol (e.g. arrow) or distance which indicates the geographical location of a company. The pre-sign must contain this symbol or distance in order not to be considered advertising.
An advertisement cannot be settled anywhere. The regulations vary depending on whether the installation of the advertisement is contemplated in built-up area or outside of this one.
In built-up areas
Within agglomerations, advertising is allowed.
By exception, advertising is forbidden at the following locations:
- On the trees
- On plantations, transport and electrical distribution poles, telecommunication poles, public lighting installations
- On public facilities relating to road, rail, inland waterway, sea or air traffic
- On the fences that are not blind
- On cemetery and public garden walls
- On the walls of buildings except when these walls are blind or have at least one opening with a unit area of less than 0,50 m²
- Immovable property classified or registered under historical monuments
- On natural monuments and in the classified or registered sites
- Within 100 meters and in the field of visibility of buildings with an aesthetic, historic or picturesque character
- In the perimeter of remarkable heritage sites
- In national parks, regional natural parks and nature reserves
- In the special areas of conservation and special protection areas.
When it non-luminous and settled to the ground, advertising is also forbidden in the following locations:
- In agglomerations of less than 10 000 inhabitants not forming part of a urban unit more than 100,000 inhabitants
- In wooded areas (woods, forests, parks) classified by a local city planning plan (PLU)
- In the areas to be protected because of the quality of the sites, natural environments, landscapes and their aesthetic or ecological interest.
Please note
The light advertising shall be prohibited in agglomerations of less than 10,000 inhabitants not being part of a urban unit more than 100,000 inhabitants. It is also prohibited, regardless of the number of inhabitants, when it is affixed to a vehicle used solely as an advertising medium.
Outside built-up areas
Outside built-up areas, the advertising is prohibited.
By exception, it is authorized inside at the following locations:
- Airports
- Stations rail and road
- Sports facilities with a seating capacity of at least 15 000
- Close to the shopping mall establishments exclusive of any dwelling, if a Local Advertising Policy (RLP) allows it to do so.
The installation of an advertisement must comply with rules on location, size and density.
Location and dimensions
The location and dimensions that are allowed vary depending on the type of advertising and the number of inhabitants ofbuilt-up area in which the advertisement is settled.
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Non-luminous advertising on a wall or fence
Place of installation | Maximum area | Maximum height | Minimum height |
|---|---|---|---|
Agglomeration of less than 10 000 inhabitants (excluding urban unit more than 100,000 inhabitants) | 4.70 m2 | 6 mths above ground level | 0.50 m above ground level |
Agglomeration of less than 10 000 inhabitants located in an urban unit of more than 100 000 inhabitants | 10.5 m2 | 7.5 m above ground level | |
Agglomeration of more than 10,000 inhabitants | |||
Outside built-up areas (airport, railway station and bus station) |
Please note
The maximum area of 4.70 m2 and 10.5 m2 apply only to advertisements that are set up as of november 2, 2023. Advertisements settled before this date will need to be compliant to meet these new dimensions by November 2, 2027.
Advertising non-luminous must be settled in accordance with next rules :
- Advertising may not be affixed to a roof or terrace in its place.
- Advertisements shall not project beyond 0,25m from the wall supporting them.
- Advertising cannot be placed on a wall without the old advertisements existing in the same place having been removed, unless they are advertisements painted with artistic, historical or picturesque interest.
Please note
When advertisements are affixed to vehicles serving solely as an advertising medium, all of these advertisements must not cover more than 12 m² per vehicle.
Non-luminous advertising placed or sealed on the ground
Non-luminous ground advertising devices are prohibited in the agglomerations of less than 10,000 inhabitants not being part of a urban unit more than 100,000 inhabitants.
Place of installation | Maximum area | Maximum height |
|---|---|---|
Agglomeration of less than 10 000 inhabitants located in an urban unit of more than 100 000 inhabitants | 10.5 m2 | 6 mths above ground level |
Agglomeration of more than 10,000 inhabitants | ||
Outside built-up areas (airport, railway station and bus station) | ||
Airport exceeding 3 million annual travelers | 50 mths2 | 10 mths above ground level |
Sports equipment with a seating capacity of at least 15 000 |
Please note
The maximum area of 10,5 m2 applies only to advertisements that are set up as of november 2, 2023. Advertisements settled before this date will need to be compliant to meet this new dimension by November 2, 2027.
Non-luminous ground advertising shall not be settled less than 10 meters from a bay of a residential complex.
When advertisements are affixed to vehicles serving solely as an advertising medium, all of these advertisements must not cover more than 12 m² per vehicle.
Light Advertising
The light advertising is an advertisement that is light source specially designed for this purpose.
On the other hand, the devices only support posters illuminated by projection or by transparency must comply with the rules of non-luminous advertisement. It's the illuminated signs from the outside by means of lights, bulbs or ramps, or from the inside by means of neon tubes (light box, window panels, etc.).
Place of installation | Maximum area | Maximum height |
|---|---|---|
Agglomeration of less than 10,000 inhabitants located in a urban unit more than 100,000 inhabitants | 8 mths2 | 6 mths above ground level |
Agglomeration of more than 10,000 inhabitants | ||
Outside built-up areas (airport, railway station and bus station) | ||
Sports equipment with a seating capacity of at least 15 000 | 50 mths2 | 10 mths above ground level |
Light advertising is forbidden in the agglomerations of less than 10,000 inhabitants not being part of a urban unit more than 100,000 inhabitants. It is also prohibited, regardless of the number of inhabitants, when it is affixed to a land vehicle.
Please note
Light advertising shall comply with night-time extinguishing rules.
In addition, light advertising shall comply with next rules :
- Advertising duty be parallel to the wall that supports it.
- Advertising shall not exceed the boundaries of the wall that supports it.
- Advertising shall not be affixed to a balcony fence or railing.
- Advertising shall not cover all or part of a bay.
- Advertising shall not be settled within 10 meters of a bay of a residential complex.
In addition, an advertisement located on a roof or a terrace in its place must be carried out by means of cut-up letters or signs concealing their attachment to the support. In this case, the advertisement shall not exceed the following height:
- 1/6 the height of the building's facade and not more than 2 m where this height is not more than 20 m
- 1/10 the height of the building's facade and not more than 6 m when this height is greater than 20 m.
Digital Advertising
Advertising is said digital when it is broadcast on screens can show still images, moving images, and videos.
The maximum area and height of digital advertising varies according to its power consumption.
Power Consumption | Maximum area | Maximum height |
|---|---|---|
Weak | 8 mths2 | 6 mths above ground level |
High | 2.1 m2 | 3 mths above ground level |
By exception, the maximum area is set to 50 m² and the height at 10 mths above ground level, in following locations :
- Airport exceeding 3 million annual travelers
- Sports equipment with a capacity of at least 15,000 seats.
Digital advertising is forbidden when affixed to a land vehicle. It shall also be prohibited when affixed to street furniture (bus shelters, newsstands, poster columns...) in a town of less than 10,000 inhabitants.
Please note
To prevent glare, digital advertising devices must be equipped with a dimming system that adapting the lighting to the ambient light.
Please note
In order to calculate the surface area of the advertisements, it is necessary to take into account the surface area of the entire panel, that is to say the frame included. On the other hand, when advertising is placed on street furniture, it is only the surface of the poster or screen that must be taken into account.
Ad Density
Advertising is subject to a density based on the length of theland unit on the road open to public traffic. Thus, as soon as the maximum number of advertisements is reached, no other advertising can be settled on the property unit.
Regulations vary by land unit length (below or above 80 meters).
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Land unit less than or equal to 80 m
The land unit may comprise onlya single ad.
By way of exception, it is possible to settle:
- Either 2 ads aligned horizontally or vertically on a support wall
- 2 advertisements sealed on the ground if the land unit is longer than 40 meters.
Land unit exceeding 80 m
The land unit may comprise a additional advertising per 80 meters beyond the first tranche.
FYI
The density rule does not apply advertisements displayed on fence, roof, tarpaulin or street furniture (bus shelters, newsstands...).
The installation, replacement or modification of an advertising device must usually be subject to prior declaration to the mayor.
FYI
Advertising that requires prior authorization shall not be subject to the prior declaration procedure. The two procedures are separate and do not overlap.
Advertisements requiring prior notification
The prior declaration relates to the installation, replacement or modification of subsequent advertising devices :
- Advertisements on walls, fences or buildings
- Sealed Ads on the ground or settled directly on the ground
- Advertisements supported by street furniture (bus shelters, newsstands...)
- Small-format advertisements embedded in commercial fronts (micro-display)
The prior notification shall also cover the replacement or modification of tarpaulins including advertising, the installation of which was previously authorized.
Warning
The installation of a light advertising (excluding projection-based advertising or transparency) shall be subject to prior authorization, and not a prior declaration.
Documents to be provided for the declaration
The declaration shall be made by means of the cerfa form no. 14799 by the company which intends to install the advertising device with a view to its exploitation.
The information to be provided varies depending on whether the advertising device is installed on a private property or on the public domain.
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Private property
The declaration shall include the next items :
- Identity and address of the declarant
- Location and area of the land
- Nature of the device or material (advertising, sign, pre-sign)
- Indication of the distance of the proposed installation from the separation limits and bays of the buildings located on the neighboring grounds
- Indication of the number and nature of devices already settled in the field
- Terrain situational plane, a dimensioned ground plane and the graphical representation of the dimensioned device or material in three dimensions
Public domain
The declaration shall include the next items :
- Identity and address of the declarant
- Advertising Device Location
- Nature of the device or equipment and its graphic representation dimensioned in 3 dimensions
- Indication of the distance of the proposed installation from the bays of the buildings situated on the neighboring land.
Please note
The declaration of the installation of an advertisement on a airport be accompanied by the agreement of the airport manager and the documents establishing that it complies with the applicable safety rules.
Sending the declaration
The prior declaration shall be made out in 2 copies and presented by the company that plans to operate the advertising device.
The request must be addressed to the town hall the place where the advertisement is to be displayed, one of the following ways :
- By electronic channel with request for electronic acknowledgement of receipt, where the mayor is able to ensure a secure and confidential transmission
- By registered mail with request for postal receipt
- Filed in town hall against landfill
Warning
The affixing or having affixed an advertisement without prior notification shall be punished by €1,500 fine.
In some municipalities, the installation of an advertising device may give rise to the payment of the local tax on external advertising (TLPE). The rates are published by municipal decree and are generally available on the website of the City Hall.
The installation of an advertising device may require obtaining a prior authorization issued by the mayor.
Please note
Advertising subject to the prior declaration procedure does not require prior authorization. The 2 procedures are separate and do not overlap.
Advertisements requiring prior approval
Prior authorization shall relate to the installation of subsequent advertising devices :
- Ads luminous (other than projection or transparency-illuminated posters)
- Locations of tarpaulins including advertising
- Advertisements from exceptional dimensions related to temporary events
- Advertisements on sports facilities more than 15 000 seats (only in the case of derogating dimensions).
Documents to be supplied for the application for authorization
The application for authorization shall be made by means of cerfa form no. 14798.
The information to be provided varies depending on whether the advertising device is installed on a private property or on the public domain.
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Private property
The application for authorization shall include next items :
- Identity and address of the declarant
- Location and area of the land
- Nature of the device or material (advertising, sign, pre-sign)
- Indication of the distance of the proposed installation from the separation limits and bays of the buildings located on the neighboring grounds
- Indication of the number and nature of devices already settled in the field
- Terrain situational plane, a dimensioned ground plane and the graphical representation of the dimensioned device or material in three dimensions
Public domain
The application for authorization shall include next items :
- Identity and address of the declarant
- Advertising Device Location
- Nature of the device or equipment and its graphic representation dimensioned in 3 dimensions
- Indication of the distance of the proposed installation from the bays of the buildings situated on the neighboring land.
Depending on the type of advertising settled, it may be necessary to provide additional parts :
- For light advertising : analysis of the life cycle of the device, its visibility from the nearest public road and indication of the mean and maximum luminance values shall also be provided.
- For a construction site cover : the location, nature and duration of the work, the location of the scaffolding, the area of the tarpaulin and its installation time, the sketches or photos of the tarpaulin and the intended location, and the names and addresses of persons (or companies) wishing to apply or have applied the tarpaulin should also be provided.
- For a advertising tarp : the area of the tarpaulin and its installation time, the sketches or photos of the tarpaulin and the intended location, and the names and addresses of persons (or companies) wishing to apply or have applied a tarpaulin should also be provided.
- For exceptional advertising : the type of event advertised, the location of the advertisement, its surface area and installation time, the sketches or photos of the advertisement and the intended location, and the names and addresses of persons (or companies) wishing to affix or have affixed the device, must also be provided.
Sending the application for authorization
The application for authorization shall be made in 3 copies and presented by the advertising company that operates the device.
The request must be addressed to the town hall the place where the advertisement is to be displayed, one of the following ways :
- By electronic channel with request for electronic acknowledgement of receipt, where the mayor is able to ensure a secure and confidential transmission
- By registered mail with request for postal receipt
- Filed in town hall against landfill
When it has received a complete application file, the City Hall has a two-month period to grant or refuse the installation of the advertisement. She shall send her reply by registered mail. If no response has been received after this time, the installation is considered to be tuned.
Generally, the authorization is issued for a maximum duration of 8 years.
Warning
The affixing or having affixed an advertisement without prior authorization shall be punished by €7,500 fine.
In some municipalities, the installation of an advertising device may give rise to the payment of the local tax on external advertising (TLPE). The rates are published by municipal decree and are generally available on the website of the City Hall.
Owner's written permission
Before placing an advertisement on a building, it is mandatory to obtain the written authorization of the owner of the building.
You are renting an existing ad space
The publicity is an inscription, form or image intended to inform or attract the attention of the public. We are talking about advertising outside when visible from a lane open to public traffic (road, motorway, road, railway, etc.).
One advertising space is a place reserved for the broadcast of an ad. This advertising space can be bright or non-bright. It can be settled on the ground or affixed to a wall, a tarpaulin or even an advertising vehicle.
The owner of an ad location can rent this space to others (e.g. to a company) by means of a location lease.
Example :
An entrepreneur wants to promote the opening of his pizzeria by posting an outdoor ad a few minutes from his shop. To do this, they contact the owner of a billboard (e.g. a billboard business or an individual) and enter into a location lease agreement with the owner.
A location lease must be concluded for a maximum of 6 years. This contract is tacitly renewable for periods of one year, i.e. it is automatically renewed if neither party wishes to terminate it.
The contract must be concluded in writing and include the next entry :
“ A contract for the hiring of a private location for the purpose of advertising or settling a pre-sign shall be in writing. It shall be concluded for a period not exceeding six years from its signature. It may be tacitly renewed for periods of up to one year, unless one of the Parties denounces it at least three months before its expiry.
The lessee shall maintain the leased space in good repair and condition at all times. If this obligation is not fulfilled, and after formal notice has been given, the lessor may, at the expiry of a period of one month, obtain from the judge hearing the application for interim measures, at his choice, either the execution of the necessary works or the termination of the contract and the restoration of the premises in good condition at the lessee's expense.
In the absence of payment of the rent, the contract is automatically terminated for the benefit of the lessor after a formal notice to pay has remained ineffective for one month. The lessee shall return the leased space to its previous condition within three months of the expiry of the contract.”
The lessee, the lessee, must respect the following 2 obligations :
- Maintain the leased space in good repair : failure to perform this obligation after formal notice has been ineffective for 1 month, the lessor may obtain from the judge, at his choice, either the execution of the necessary works, or the termination of the contract and the restoration of the premises in good condition at the expense of the lessee.
- Paying rent : in the absence of payment of the rent, the lessor may terminate the contract automatically after notice to pay has remained ineffective for 1 month.
Please note
All dispute relating to a contract for the rental of advertising space is carried before the court of law within whose jurisdiction the advertisement is located. Any clause to the contrary in the contract is not valid.
The tenant who makes payments in excess of €76 per year for the same beneficiary (under a location lease) must carry out a special declaration by means of form no. 2061.
Advertising Location Lease Payment Reporting
The tenant must declare the following information to the tax authorities:
- Name or corporate name, occupation and address
- Surname and forenames or business name and address of the person receiving the payment (the owner of the site)
- The total amount of money that was paid to this recipient in the previous calendar year as a result of the advertising space rental agreements.
The tenant must make this declaration, before 1er March of the following year payment, to the tax department of his domicile or principal place of business.
Who shall I contact
External advertising (legislative part)
External advertising (regulatory part)
Reporting of payments under a rental contract for advertising space
Road traffic and advertising
Online service