The new Brussels Spatial Planning Code was (finally) published in the Belgian Official Gazette

on Apr 26, 2018 in News

It has been a long wait, but the Ordinance of 30 November 2017 reforming the Brussels Spatial Planning Code (“BWRO”/“CoBAT”) was finally published in the Belgian Official Gazette on 20 April 2018. Its arrival marks a profound change in the existing legislation on urban planning in the Brussels Region.

The main changes relate to, among others :

  • introduction of a new planning instrument (“richtplan van aanleg”/“plan d’aménagement directeur”);
  • review of the process of permit applications;
  • mandatory terms for permit issuance;
  • changes regarding the assessment of environmental impact;
  • modification of urban planning information;
  • changes concerning the expiration of permits;
  • adjustments of infringements;
  • various changes in the field of heritage, pre-emption, environment and mobility.

The Ordinance provides for a phased entry into force :

As of 30 April 2018, the provisions regarding the urban planning information (art. 275 and 276/1 of the Code) and the provisions concerning the planning and the urban planning regulations (Titles II and III of the Code) will enter into force.

The other provisions of the Ordinance will enter into force on 20 April 2019, one year after publication in the Belgian Official Gazette. However, applications for certificates and permits that were submitted before 20 April 2019 will be subject to the current system. The same applies to :

  • mixed projects for which applications for town-planning certificates or permits and for environmental permits were both submitted before this date;
  • applications for renewal of environmental permits, prior declarations, accreditation applications and registration applications.

The amendments to article 101 of the Brussels Spatial Planning Code (i.e. expiration of an urban permit) and to articles 59 and 61 of the Ordinance of 5 June 1997 on environmental permits (i.e. expiration of an environmental permit) will apply to permits issued as from 20 April 2019.

For more information, please contact Els Empereur.