Executive Order of Expropriation Decree published (BS January 12th 2018, 1514 – 1528)

on Jan 12, 2018 in News

The new Flemish Expropriation Decree was already approved on 24 February 2017. The Decree replaces the earlier federal laws of the 19th century and wants to provide a uniform, quick and efficient expropriation procedure with attention to the legal protection of the expropriated. Today, January 12th, 2018, the Executive Order was published in the Belgian Official Gazette through which the Decree and the Executive Order – retroactively – enter into force on January 1st 2018.

However, the entry into force of the digital expropriation platform, where the public inquiries shall 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-realization, one of the important innovations of the Decree, in which an owner who would be expropriated can propose to realize the intended project for which the expropriation would serve, itself.

In addition, two annulment proceedings are pending before the Constitutional Court, whereby, on the one hand, in case number 6756, the entire annulment of the Expropriation Decree is demanded and on the other hand, in case number 6757, the annulment of the provisions regarding the expropriation authorization (Article 9 of the Decree), the self-realization (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.

Els Empereur
Advocaat vennoot/Avocat associé
Real estate
+32 (0)3 259 38 00