BELGIUM Law and Practice Contributed by: Pieter Puelinckx, Yves Moreau, Melissa Verplancke and Gauthier Callens, Linklaters
4. Planning and Zoning 4.1 Legislative and Governmental Controls Applicable to Strategic Planning and Zoning Zoning plans (at the regional, provincial and local levels) have been adopted by the authori - ties. These plans specify the authorised use or destination of a plot of land and include specific zoning prescriptions. Each region has adopted its own instruments, under different names and with varying degrees of binding authority. 4.2 Legislative and Governmental Controls Applicable to Design, Appearance and Method of Construction The construction of new buildings, as well as modifications to the exterior appearance or structural elements of existing buildings and, in some cases, change in destination require a building permit. The proposed construction and modifications are assessed by the permit - ting authority during the application procedure based on compliance with the applicable legisla - tion (including zoning plans) (ie, legality check) and the integration/impact on the neighbour - hood and the environment (ie, proper special planning check). 4.3 Regulatory Authorities Local municipalities where plots of land are located have the authority to issue development/ renovation permits. For certain projects (eg, pro - jects located on multiple municipalities, projects of public authorities/public importance), this responsibility is transferred to either the provin - cial or regional level (in the Flemish region) or the delegated officer (in the Brussels Capital region and the Walloon region). They examine compli - ance with the applicable zoning plans, consult
The cessation of payments (a condition for filing for bankruptcy) is deemed to have occurred as of the date of the bankruptcy order. However, the court issuing the bankruptcy order may deter - mine that the cessation of payments occurred at an earlier date (but not earlier than six months before the date of the bankruptcy order). The period from the date of cessation of payments up to the declaration of bankruptcy is referred to as the “hardening period”. The rules regarding the hardening period do not apply in case of judicial reorganisation. In case of the opening of a judicial reorganisation procedure, during the moratorium, no enforce - ment measures with respect to pre-existing claims in the moratorium may be continued or initiated against any of the debtor’s assets. The debtor cannot be declared bankrupt, nor can its business be wound up by court order. 3.10 Taxes on Loans See 3.4 Taxes or Fees Relating to the Granting and Enforcement of Security for the (registra - tion) fees relating to the granting of mortgages. No taxes or fees (other than a stamp duty of EUR0.15 per original of certain finance docu - ments drafted and/or signed in Belgium) are payable by the lender or borrower in connection with the entry into of loans. No withholding tax is payable on interest on loans paid to a financial institution by a borrower.
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