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20 July 2018 / article

New Ordinance on construction sites in Brussels

The new Ordinance on construction sites on public roadway (“Ordonnance relative aux chantiers en voirie publique“ / “Ordonnantie betreffende de bouwplaatsen op de openbare weg“ ) dated 3 May 2018 has been published in the Belgian
Official Gazette on 18 May 2018. Its entry into force is yet to be determined by the Brussels Government. Transitional rules will apply to pending files.

Loyens & Loeff Real Estate Quarterly - New ordinance on construction sites in Brussels

The objective of the new Ordinance is to reduce the inconveniences due to construction sites on public roadway, to provide for a proper framework and control of the construction sites, to anticipate and coordinate multiple interventions and to better take the safety of the users and the accessibility of the affected areas into account.

To achieve these objectives, the Ordinance introduces following mechanisms:

  • Hyper-coordination – In order to ensure a better coordination between all parties involved, institutional applicants (i.e. all applicants depending on a federal, regional provincial or municipal administration and other major actors such as Vivaqua, STIB/MIVB, Bruxelles Environnement / Leefmilieu Brussel, Beliris, Infrabel) shall insert their construction projects in Osiris, the online platform for notifications, 5 years in advance. This planning has to be updated each year. When planning information indicates that a project or a significant concentration of construction sites is likely to cause major disturbances, an “hypercoordination zone” can be defined where special rules will be applicable in order to mitigate the inconveniences.
  • Commission for construction sites coordination –The Commission for construction sites coordination is given a more extended role. Next to its coordination function, the Commission can advise i.e. with regard to execution permits for municipal roads with important bus or tramlines or propose and supervise hyper-coordination zones.
  • Information – The applicants shall inform the neighbours and merchants i.e. about the characteristics of construction site (e.g. commencement of the works, possible delays), relevant contact details and the modalities to file a complaint, suggestion or remark. The authorities need to be notified about the commencement date or the cancellation of the works, as the case may be.
  • Compensation for merchants / Extension of working hours – A more advantageous compensation will be granted to merchants and the authorised working hours will be extended. Both items will be further developed in the execution decree. We will certainly keep you informed.

 

This article is part of the Real Estate Quarterly - July 2018


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