Unpacking: rules to follow

Verified 22 July 2026 - Entreprendre Service Public / (Prime Minister), Ministry of the Interior

Prior declaration from sale to unpacking

THEarticle 5 of the law n°2026-403 of 26 may 2026 on the simplification of economic life (SVE) amends the rules on the prior declaration of unpacking sales. Implementing decrees are pending to clarify this development.

This sheet will be updated as soon as they are published.

Unpacking is the sale or repurchase of new and/or used goods in premises or locations not normally intended for sale to the public, as well as from specially equipped vehicles. Flea markets, "garage sale" operations, clothing exchanges and temporary sales in a hotel lobby are unpacking sales.

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

The sale by unpacking can be carried out in following locations :

  • Locations located on public roads or public property, without a title of occupation, intended for the long-term pursuit of 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 or shopping mall)
  • Retirement homes
  • Premises or locations not listed in the Trade and business Register (RCS) or the National Register of companies (RNE) for commercial or craft activities (e.g. hotel lobby or meeting room)
  • Vehicles specially adapted for the sale of goods to the public.

The mayor can prohibit the organization of an unpacking sale on certain locations if this is justified by a reason forpublic order (e.g. area particularly exposed to flood risks).

Unpacking sales concern new and/or used goods and food products in their unprocessed state.

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

How to declare the sale at 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 of Employment, Labor, Solidarity and Protection of Populations (DDETSPP) of the place of sale.

Prior declaration of an unpacking sale

Who shall I contact

Warning  

Making an unpacking sale without declaration is 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 that the sentence handed down be posted or disseminated, in particular in the written press.

How long does it take to apply?

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

  • Sale outside the 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 public domain (AOT). The deadlines vary according to the municipality.

In times of economic crisis, fruit and vegetable sales can be realized without delayby joint decision of the Minister for Trade and the Minister for Agriculture.

Which organizers are exempt from the declaration?

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

  • Professionals with a road permit or a parking permit for sales made 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 when only producers or breeders are exhibiting.

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

  • Professional registered in the Trade and businesses Register (RCS) or the National company Register (RNE): individual entrepreneurs (EI) or businesses
  • Individuals : they must sell only personal and used items. They can only participate in 2 sales per year.

In case of sale of used furniture, the organizer of the sale must keep, day by day, a register allowing the identification of the objects sold (characteristic, provenance) and the sellers. The register must conform to a mandatory template.

Register of identification of sellers of used movable objects (Annexes I and II)

Before the demonstration, the register is marked and initialed by the police commissioner (or by the mayor).

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

Warning  

Since the 1er July 2026, at the end of the event and at the latest within the period of 8 days the register shall be deposited at the town hall of the venue of the demonstration. Previously, this register had to be deposited at the prefecture or sub-prefecture of the place of the demonstration.

The organizer of the sale who does not respect the keeping of a register or refuses to present it to the administrative authorities is punished by 6 months imprisonment and €30,000 of fine.

An unpacking sale cannot exceed 2 months per year in the same premises or on the same location or in the same district in large cities. This period may be split or continue.

In case of exceeding the duration of the sale, the mayor must inform the organizer declaring the sanctions incurred at least 8 days before the sale begins.

Warning  

The organizer of the unpacking sale who does not respect the duration of the sale risks a fine of €1,500 if he's a natural person and €7,500 if he's a legal person.

The limitation of the duration of the sale does not concern the following persons:

  • Professionals with proof of road permission or a parking permit for sales made 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 when only producers or breeders are exhibiting
  • Fruit and vegetable sellers, when the sale is made in times of economic crisis.

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