Contractor accreditation (erkenning, agréation) in Belgium

What accreditation is

Accreditation (agréation in French, erkenning in Dutch) is the official recognition that a works contractor has the technical capacity, the financial capacity and the professional integrity to carry out public contracts of a given type and amount. It is set by the law of 20 March 1991 and the royal decree of 26 September 1991, read on Justel on 30 October 2026: Law of 20 March 1991 on the accreditation of works contractors (Justel, French)

It covers works only, not supplies or services (SPF Economy). The law applies to public works contracts of contracting authorities and public undertakings, to defence and security works contracts, to works concessions, and to works at least 25 % subsidised or financed by a public body (article 2).

Accreditation is granted, at the contractor’s request, by the competent regional government after advice from the Commission for the accreditation of contractors, whose secretariat is run by the SPF Economy (law, article 8; SPF Economy). It comes with a certificate stating the category or sub-category, the class and the date it was obtained.

From what amount it is required

Article 3 of the law says that works contracts whose estimated value exceeds an amount set by royal decree may only be carried out by contractors who, when the contract is concluded, are accredited, or have proved that they meet the accreditation conditions.

Article 2 of the royal decree of 26 September 1991 sets that amount at EUR 75,000 excluding VAT for works in a category and EUR 50,000 excluding VAT for works in a sub-category.

Below that amount, the contractor only has to meet, at conclusion, article 4, § 1, 1°, 4° and 7°, of the law: be established in the European Union, not be convicted of the listed offences nor excluded from public contracts, and have met its social security and tax obligations. Small contracts are explained here: Low-value contract Other thresholds: Thresholds 2026-2027

Categories and classes

Works are grouped into categories and sub-categories by type, and into classes by amount (law, article 7). A category has a letter, for example D for general building contractors, C for general road works or E for civil engineering; a sub-category adds a number, for example D1 for structural work, D13 for painting or P1 for electrical installations in buildings (royal decree of 26 September 1991, article 4; SPF Economy list).

The class required matches the amount of the tender to be approved, and accreditation in one class also covers works in the lower classes (article 3, §§ 4 and 5). The table gives the maximum amounts shown by the SPF Economy list on 30 October 2026, excluding VAT.

Which class amounts apply

A royal decree of 14 April 2024 had raised the class amounts from 1 June 2024 (for example EUR 162,000 instead of EUR 135,000 for class 1). The Council of State annulled it in judgment no. 265.188 of 12 December 2025.

The Wallonia public procurement portal (SPW) draws this rule from it: from 12 December 2025, a contractor’s capacity is assessed on the maximum class amounts that applied before 1 June 2024, the ones in the table above. Read on 30 October 2026: Case law analyses, Wallonia public procurement portal (SPW, French)

Note: the consolidated text of the royal decree of 26 September 1991 on Justel, updated to 26 April 2024, still shows the 2024 amounts. For classes, follow the SPF Economy list and the contract documents.

The law also provides a ceiling on the total works one contractor carries out at the same time when the contract is awarded (article 7, § 3). This page does not give those amounts, as no current official source was read.

In the tender: what the ESPD asks

Article 70 of the royal decree of 18 April 2017 says that the contract notice or the contract documents state the accreditation required. In the tender or request to participate, the contractor states that it is accredited, or that it is on an official list of another Member State with the equivalence documents, or that it proves it meets the conditions (law, article 3, first paragraph, 2°).

An accredited contractor refers, in parts III to V of the ESPD, to the web address of its certificate; it only fills in those parts if the buyer adds other selection criteria. A contractor that is not accredited fills in the whole ESPD. In an open procedure, the buyer may limit selection to that statement. The ESPD is explained here: ESPD

Foreign contractor, joint venture, subcontractors

Four common situations, as the law of 20 March 1991 and the royal decree of 14 January 2013 settle them:

• Contractor from another Member State: registration on that State’s official list of accredited contractors counts as accreditation if it is equivalent (law, article 5). With a non-accredited contractor bringing proof or a foreign registration, the contract is only concluded after a decision of the regional government, at the buyer’s request and after advice from the Commission (article 6).
• Temporary joint venture: it is enough that one partner is accredited in the class and category required, the others meeting the basic conditions; two partners accredited in the same class and category count for the next class up, except in the lowest class (article 11).
• Subcontractors: in a works contract of a contracting authority, they must meet the accreditation rules for the share of the contract they carry out (royal decree of 14 January 2013, article 78/1); when the buyer’s consent is requested, the contractor attaches proof of the subcontractor’s accreditation (article 12/3). See: Subcontracting
• Young company: provisional accreditation can be granted for an activity carried out for less than five years; it lasts twenty months and can be extended twice (article 10).

Duration, review and checking

According to the SPF Economy, accreditation is in principle valid for five years. The law provides an individual review of all of a contractor’s accreditations every five years (article 18, § 3), and the regional government may downgrade, suspend or withdraw an accreditation after advice from the Commission (article 19).

The SPF Economy list of accredited contractors can be searched online: by company or VAT number, by name, by country or postcode, or by category and class. Each result shows the accreditation number, the decision date, the expiry date, and the categories and classes: List of accredited contractors, SPF Economy

What AOEX does and does not do

AOEX reads TED notices and public e-Procurement notices. When a published contract is open, the tender kit reads the published documents and notes the accreditation category and class they ask for, when the text states them: Tender kit The term is also in the glossary: Glossary

AOEX does not check whether your company is accredited and does not apply for accreditation for you: the SPF Economy list is what counts. AOEX does not submit the tender. This page is not legal advice; the general framework is here: Guide to the law of 17 June 2016 Accreditation is checked before the tender; once the contract is concluded come the performance bond and the payment terms: Performance bond Payment terms

Frequently asked questions

From what amount is accreditation required?

When the estimated value of the works contract exceeds EUR 75,000 excluding VAT for works in a category, or EUR 50,000 excluding VAT in a sub-category (royal decree of 26 September 1991, article 2). Below that, the contractor only has to meet three conditions of article 4 of the law of 20 March 1991: established in the Union, no listed conviction, and social security and tax obligations met.

Which class does a contract need?

The class matches the amount of the tender to be approved (royal decree of 26 September 1991, article 3, § 4), and a class also covers the lower classes. On 30 October 2026, the SPF Economy list gives EUR 135,000 excluding VAT for class 1 and more than EUR 5,330,000 for class 8.

How do I check a company’s accreditation?

On the SPF Economy list of accredited contractors: search by company or VAT number, by name, or by category and class. Each result shows the accreditation number, the decision date, the expiry date, and the categories and classes. An accreditation is in principle valid for five years.

Does AOEX check accreditation?

No. When a published contract is open, AOEX reads the documents and notes the accreditation category and class they ask for, when the text states them. AOEX does not look up your company on the SPF Economy list: that list is what counts.

Sources

Law of 20 March 1991 on the accreditation of works contractors, articles 2 to 11, 18 and 19, Justel (updated to 6 October 2017), read on 30 October 2026: Law of 20 March 1991 on the accreditation of works contractors (Justel, French) Royal decree of 26 September 1991, articles 2 to 5, Justel, read on 30 October 2026: Royal decree of 26 September 1991 (Justel, French)

SPF Economy list of accredited contractors and its page on contractor accreditation, read on 30 October 2026: List of accredited contractors, SPF Economy Accreditation of contractors, SPF Economy (French)

Royal decree of 18 April 2017, articles 70 and 71, and royal decree of 14 January 2013, articles 12/3 and 78/1, consolidated texts read on Wallex (French) on 30 October 2026: Royal decree of 18 April 2017, consolidated text (Wallex, French) Royal decree of 14 January 2013, consolidated text (Wallex, French)

Council of State judgment no. 265.188 of 12 December 2025, as presented by the Wallonia public procurement portal, read on 30 October 2026: Case law analyses, Wallonia public procurement portal (SPW, French)