BELGIUM Law and Practice Contributed by: Pieter Puelinckx, Yves Moreau, Melissa Verplancke and Gauthier Callens, Linklaters
4.6 Agreements With Local or Governmental Authorities
various advisory bodies, assess the impact of the proposed project on its surroundings and may impose the permit holder conditions and/or charges (amount to be paid to the local author - ity, works to the benefit of the community) to compensate the negative impact a project may have on its surroundings. 4.4 Obtaining Entitlements to Develop a New Project The developer must submit a permit application to the relevant authority which, depending on the type and/or size of the project, will include an environmental impact assessment. Once the application is declared admissible and complete, the authority must examine the request within a binding timeframe, seek advice from various authorities and, if required due to the type and/or size of the project, conduct a public inquiry to allow interested third parties to submit their objections. The duration of the procedure varies, spanning from two to three months up to half a year, depending on the com - plexity and nature of the permit request. 4.5 Right of Appeal Against an Authority’s Decision The permit applicant, the relevant authorities and interested third parties have the right to appeal a decision related to the granting of a permit. Depending on the region and the appeal - ing party, such appeals must be initiated through administrative procedures with governmental bodies or through jurisdiction procedures with the Council of State (Brussels Capital and Wal - loon region) or the Council for Permit Disputes (Flemish region).
The permit applicant may negotiate agreements with local or governmental authorities provided that public procurement rules and general rules on transparency and equality are followed. Transfers of real rights and/or the obtaining of an occupation right on neighbouring plots of land are often negotiated with the local author - ity and/or utility suppliers to allow the execution of projects. 4.7 Enforcement of Restrictions on Development and Designated Use If permit conditions are breached or construction works lack authorisation, sanctions may include administrative actions like stop or modification orders, site restoration, and administrative fines. Severe breaches can lead to criminal proceed - ings. Interested third parties can also seek dam - ages through civil claims for unauthorised works, potentially resulting in premises restoration or financial compensation. 5. Investment Vehicles 5.1 Types of Entities Available to Investors to Hold Real Estate Assets The preferred corporate vehicles for holding real estate are: • the public limited liability company (SA/NV); and • the private limited liability company (SRL/BV). Additionally, the use of limited partnerships (Scomm/CommV) is also common for holding real estate. Limited partnerships are structured with two categories of partners:
69
CHAMBERS.COM
Powered by FlippingBook