Planning and Environmental Issues
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Who has authority over land development and environmental regulation?

Both land development and environmental regulations in Belgium are governed by the Flemish Region, the Walloon Region and the Brussels Region. Those regions have enacted extensive legislation relating to land development and environmental regulations.

At a lower level, zoning plans are also established by cities and both building and environmental permits are, in principle, delivered at city level, except for large projects for which, in certain cases, permits are delivered at a higher administrative level.

What environmental laws affect the use and occupation of real estate?

The main environmental laws that affect the use and occupation of real estate are soil legislation, legislation on hazardous substances (such as PCB and asbestos), legislation on energy performance (including obligations to perform certain investments within a set timeframe upon acquisition for low energy performant properties in some regions and/or rent indexation limits for some low energy performant properties in some regions) and the legislation on environmental permits. These various legislations impose a range of conditions on the operation of the real property, including emission limits, energy performance regulations and similar conditions.

What main permits or licenses are required for building or occupying real estate?

In the Walloon region the building and environmental permit is combined in a combined permit. The same applies to the Flemish region where also the former socio-economic (retail) permit is included in the combined permit. In the Brussels region the former socio-economic permit is combined with the building permit but the environmental permit remains separate.

Can an environmental cleanup be required?

Yes. Environmental cleanup can be required.

Are there minimum energy performance requirements for buildings?

Yes. For new buildings, minimum energy performance conditions need to be met in the three Belgium regions.

For existing buildings, energy performance certificates are generally required (per category of use or total area) for a sale or lease of the same, informing the buyer or occupier of the energy performance of the real property. In the Flemish region such certificates are not only needed in case of sale but in case of any notarized transfer in full ownership of a part of the property or the whole, which also includes a donation, a contribution to a company, etc. The same also applies in case of granting a right of superficies or a long lease right. Furthermore, in the Flemish region most low energy performant buildings require the purchaser to invest in certain renovations to reach a higher energy performance level within 5 years from acquisition.

Are there other regulatory measures that aim to improve the sustainability of newly constructed and existing buildings?

Yes. A number of subsidies exist for investments in alternative energy and other sustainable investments.