The new Brussels Government - Zoning and planning
The new Brussels Government plans measures in terms of town planning charges, town planning information and permit procedures.
Town planning charges
Currently, when imposing town-planning charges, the authority has a choice between the realization or the financing of social housing, publics facilities or green areas. The applicant is also entitled to propose the nature of the town planning charges it intends to realize.
The objective of the Government is to encourage the creation of public and social housing. To reach this goal, the Government intends to review the current legal regime of town planning charges:
- In the municipalities where the social housing percentage is lower than 15 % and where the socio-economic indicators are higher than the regional average, the town planning charges shall be dedicated to the realization of social housing;
- the Government will examine whether it is appropriate and feasible to introduce a mechanism which would differentiate geographically the calculation and the realization of the town planning charges.
As soon as possible and by the end of 2020 at the latest, the Government intends to implement the town planning charges register accessible to the public, which should have been created 15 years ago.
Town planning information
To date, the municipalities have to deliver the town planning information within 30 days against the payment of a lump sum of 80 EUR. An urgent procedure also exists. Against a lump sum of 160 EUR, the town planning information is granted within 5 days. No sanctions apply when these deadlines are not respected. According to the Program Statement:
- the urgent procedure shall be cancelled;
- an uniform tariff regime based on the actual costs will be created;
- the town planning information shall be delivered within one month;
in case of delay, the price will be halved.
The Brussels Government intends to simplify the permit procedures. The digitalisation will be accelerated in order to be operational in 2022.
The Government intends to adjust the Regional Zoning Plan (Plan Régional d’Affectation du Sol / Gewestelijk Bestemmingsplan) to clarify the functions in mixed zones, to integrate the objectives of the Regional Mobility Plan (Gewestelijke Mobiliteitsplan / Plan Régional de Mobilité), to protect the green areas with a high biological value which contribute to the green network and to create a framework for urban agriculture.
Julien LeclerCounsel Attorney at Law
Julien Lecler is a member of the Real Estate and the Public and Administrative Law Practice Groups in Belgium. He is a counsel in our Brussels office with a broad practice of counselling in all aspects of real estate law.T: +32 2 773 23 59 E: email@example.com