Executive Order of Expropriation Decree published (Belgian Official Gazette, 12 January 2018, 1514 – 1528)

on Jan 12, 2018 in News

The new Flemish Expropriation Decree was already approved on 24 February 2017. The Decree replaces earlier federal laws of the 19th century and intends to provide a uniform, quick and efficient expropriation procedure focused on the legal protection of the expropriated. On 12 January 2018, the Executive Order was published in the Belgian Official Gazette whereby the Decree and the Executive Order – retroactively – come into force on 1 January 2018.

However, the entry into force of the digital expropriation platform, where public inquiries will be published, will be postponed until a date to be determined by the Minister of Public Works.

Amongst other things, the Executive Order further implements the concept of self-realisation, one of the Decree’s key innovations, in which an owner who would be expropriated can propose to realise itself the intended project for which the expropriation would serve.

In addition, two annulment proceedings are pending before the Constitutional Court, whereby, on the one hand, in case no. 6756, the entire annulment of the Expropriation Decree is requested and on the other hand, in case no. 6757, the annulment of the provisions regarding the expropriation authorisation (article 9 of the Decree), the self-realisation (article 24 of the Decree) and the aim and planological neutrality (articles 62 and 63 of the Decree) is requested.

For more information, please contact Els Empereur.