Step-by-step plan: Starting a pop-up store in the Netherlands
A pop-up store is a temporary establishment, such as a restaurant or a shop in an empty retail building. To set up a pop-up store in the Netherlands, you must meet certain rules and regulations. The requirements may vary per municipality. This step-by-step plan is a guideline.
A pop-up store is a useful way to test whether your business idea works. When you open up a pop-up store, you are not immediately tied to a long-term rental contract, unless you agree to do so. You can open a pop-up store in many places. For example, in an empty retail building or in an office that is for rent. Contact your municipality and anti-squat organisations to find addresses of properties that are vacant. Or visit real estate agents in your area.
Read more tips for opening a pop-up shop on the KVK website.
Check with your municipality if you are allowed to use the business space as a shop. The type of business space determines whether the property is suitable for your business plan and which lease rules apply to you.
There are 2 types of business spaces:
- Medium-sized business spaces that everyone can visit. You sell products or services directly to the visitor. For example, a flower shop, café, or clothing store.
- Other business spaces which are not directly accessible to everyone. Such as offices, showrooms, and factories.
The type of business space you rent determines the notice period and rent protection. Separate rules also apply to the term of the lease (step 6).
In the environment plan you can see which regulations apply to the business space you want to rent and whether you are allowed to carry out the activities that you intend. You can check the environment plan (in Dutch) via the online service counter Omgevingsloket.
Do your plans not fit in the environment plan? For example, because you want to open a pop-up restaurant in an old school, where this is currently not allowed. Then you can ask for a temporary exemption, dispensation, or apply for an environment and planning permit (Omgevingsvergunning, in Dutch). You can do this via the Omgevingsloket. Are you not sure which permits you need? Then do the permit check (in Dutch).
Each municipality has its own rules and regulations. Therefore, submit your plans for your pop-up shop to your municipality to find out if you meet all the requirements.
Many rules and regulations can be found in the General Municipal By-Law (Algemene Plaatselijke Verordening, APV) of your municipality. For example, the rules for opening hours, noise regulations, and shop displays. You can find more information about the APV of your municipality via the Overheid.nl search tool (in Dutch).
You may need permits for your store. If you sell food and drinks, you may need an operating licence for a catering company. Do you serve alcohol? Then you must apply for an alcohol licence.
Other permits you may also need:
Environment and planning permit
Check whether you need an Environment and planning permit (Omgevingsvergunning) for your plans. Do you want to advertise on your building? Or are you going to renovate? Check if you need to apply for a permit.
Event licence
Do you want to organise a party? For example, to celebrate the opening of your pop-up store? Check if you need to apply for an event licence.
Music licence
Do you play music in your pop-up store? Then you must comply with music rights and apply for a licence to play music. You check if you need a music licence on Mijnlicentie.nl (in Dutch).
It is important to make agreements about the duration of the rental contract, because a pop-up store is a temporary store.
Do you want to open a pop-up store for 1 year or less? And do you not want to be tied to a rental contract for a longer period? Make clear agreements about this with the landlord and include them in the rental contract. Lay down in writing that you enter an agreement for less than 2 years. And that you will not exceed this period of 2 years, should you renew the lease.
In the lease you also make other arrangements about, for example:
- the rental price and payment term
- VAT
- rent increase
- what adjustments you can make to the property
- agreements about maintenance
- municipal taxes
Also check whether the building meets safety requirements, such as fire safety, and make agreements about your responsibilities.
Temporary user agreement
You can also opt for a temporary user agreement if you want to rent a business space. For a couple of weeks or months, for example. You then pay a user fee to the landlord for the temporary use of the property or part of the property. A user agreement also has disadvantages. For example, you may not be entitled to rental protection. It is advisable to have the user agreement checked by a lawyer.
Is your pop-up store a hobby or a business? To answer this question, you check whether you meet the 3 criteria set by KVK. Do you? Then you have to register with the Business Register.
After you have registered with KVK, the Netherlands Tax Administration will assess whether you are an entrepreneur for VAT and income tax purposes. The Tax Administration uses several criteria.
Do you have to register with KVK? You should choose a legal structure and a trade name first. Follow the steps in our article on how to start a business in the Netherlands. Then continue with the steps on this page.
Are you already registered with KVK? For example, because you have an online shop? In that case, pass on the address of your pop-up store to KVK.
You usually have to pay income tax over your profit. And you calculate VAT on the price of your products, unless your products or services are exempt.
When you rent a business space, you have to pay municipal taxes and fees. This includes sewage charges, property taxes (OZB), and waste taxes. Always check with your municipality which taxes you have to pay.
Do you sell food and drinks? Then you must adhere to the rules for hygiene and food safety. That way, you make sure your customers do not get ill from consuming your food or drink. The Netherlands Food and Consumer Product Safety Authority (NVWA) checks that you work safely and hygienically.
You must work with a food safety plan based on the Hazard Analysis Critical Control Points (HACCP). You can make your own plan. Inspectors of the NVWA will assess your plan when they come to inspect your pop-up store. However, it is easier to work with an approved hygiene code from your sector organisation. For example, the one sold by the Dutch hospitality sector organisation KHN. A hygiene code contains rules on how to monitor food safety and hygiene.
Do you make and/or sell products? They have to be safe to use. Your role in making or selling a product determines your responsibilities. Find out what you need to do to ensure products are safe.