REGULATION, INFRINGEMENT & SOLUTION
We take care of establishing and defending your project.
Regulation
The urban planning rules in Brussels differ from those in Flanders and Wallonia. Consequently, the procedures for processing permit applications are specific to the Brussels-Capital Region.
This is also the case for the types of work for which prior urban planning permits are required. Urban planning permit applications must comply with the provisions of urban planning regulations.
Urban planning regulations
The urban planning regulations determine the rules applicable to constructions and their surroundings (dimensions, height, etc.).
The Regional Urbanism Regulation (RRU), like the PRAS, covers the entire regional territory.
The Municipal Urbanism Regulations (RCU) complement the provisions of the RRU at the local level.
The CoBAT
The Brussels Code of Spatial Planning, commonly known as CoBAT, governs urban planning in the Brussels-Capital Region.
It defines the tools that establish the specific rules to which projects are subject.
The most frequently used tools include land use plans, urban planning regulations, and subdivision permits.
Land use plans
Land use plans divide the territory into different zones and determine what can be done within them: residential areas, offices, commercial spaces, green zones, etc.
The Regional Land Use Plan (PRAS) covers the entire territory of the Region.
It is supplemented in certain areas by Specific Land Use Plans (PPAS), developed by the municipalities.
Regulation
In matters of urban planning violations, it's important to note that there is no time limit for prosecution.
This means that offenses committed in the past, even if they occurred several years ago, are subject to regularization or sanctions procedures without becoming invalid due to the passage of time.
The Risks of Urban Planning Offences
If identified by the authorities, several legal consequences may follow.
Construction of an annex without an urban planning permit
Closing of a balcony without authorization.
Construction of a terrace platform without the required approvals.
Conversion of a basement into living space without the necessary authorizations.
Replacement of wooden window frames with PVC frames without a permit.
Conversion of a single-family house into an apartment building without authorization.
Changing a business into accommodation without the appropriate authorizations.
Construction of a terrace without the required permits.
Installation of a commercial sign without legal authorization.
Examples of Urban Planning Offenses
Significant fines : The Administration is empowered to impose fines of up to 150,000 euros. These fines aim to penalize offenders and deter future infractions.
Demolition :
In severe cases, the Administration may demand the complete demolition of the unauthorized construction.
Restoration :
You might be required to restore the unauthorized construction to its original state in compliance with the regulations in force.
Removal of meters :
In some cases, the authorities may order the removal of water, electricity, or gas meters, rendering the property unusable.
Removal of illegal doorbells :
Non-compliant elements, such as illegal doorbells, may be removed by order of the Administration.
Risks incurred
Why Regularize:
Facilitate the sale of your property
Selling a property with administrative compliance is much simpler than selling one that is non-compliant.
Increase the value of your property:
By bringing your property into administrative compliance, you increase its value in the real estate market.
Avoid serious consequences:
By maintaining an urban infraction, you expose yourself to fines from the administration, significant regularization work, and it's crucial to note that there is no time limit for these infractions.
Ensure a peaceful sale:
By regularizing your property, you can rest assured that it complies with current laws and regulations, reducing the risks associated with urban planning infractions and allowing you to enjoy a peaceful state of mind regarding its status.
