In Belgium

Urban planning (urbanisme / stedenbouw) encompasses the rules governing how land and buildings can be used, modified and developed. In Belgium, urban planning is a regional competence, meaning Brussels, Wallonia and Flanders each have their own codes and procedures.

Regional codes:

  • Brussels: Brussels Code for Spatial Planning (CoBAT / BWRO)
  • Wallonia: Code du developpement territorial (CoDT)
  • Flanders: Vlaamse Codex Ruimtelijke Ordening (VCRO)

How it works

Urban planning permits. Most construction, renovation and change-of-use works require an urban planning permit (permis d’urbanisme / stedenbouwkundige vergunning). This includes: new construction, significant renovations, subdivisions, changes of use, and even certain facade modifications.

Application process. Applications are filed with the municipal urban planning department. Depending on the scope, they may require an architect’s involvement, a public enquiry and advisory opinions from regional authorities. Processing times range from 30 days (simple cases) to 6+ months (complex projects).

Relevance for landlords:

  • Converting a house into multiple rental units requires a permit
  • Changing a commercial property to residential use requires authorisation
  • Building an extension or adding a floor requires a permit
  • Illegal works can affect the rental permit and insurance coverage

Enforcement. Urban planning violations can result in: administrative fines (up to 50,000 EUR in Flanders), criminal prosecution, restoration orders (demolition or remediation) and nullification of the building’s legal status.

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Warning
A landlord who rents a property built or modified without the required urban planning permits risks severe consequences: the municipality can order demolition, the insurer can refuse coverage in case of damage, and the tenant can seek judicial termination of the lease for a property that does not comply with legal requirements.

Practical example

A landlord in Brussels wants to convert an office building into 6 rental apartments. They need a CoBAT urban planning permit for the change of use, a rental permit for the subdivided units, and PEB certificates for each apartment. The permit process takes 4 months. Without these authorisations, the landlord risks fines, a rental ban and personal liability if a tenant is harmed by non-compliant conditions.