BELGIUM Trends and Developments Contributed by: Pieter Puelinckx, Yves Moreau, Bénédicte Deboeck and Melissa Verplancke, Linklaters
cycle approach to calculating a building’s car - bon footprint. Energy efficiency and energy performance On 10 March 2023, the European Parliament and Council agreed on a major amendment of the Energy Efficiency Directive (EED), effective 10 October 2023. This was followed by changes to the Energy Performance of Buildings Direc - tive (EPBD) on 7 December 2023, effective from 28 May 2024. These are part of the “Fit for 55” legislation, targeting decarbonisation of the EU’s building stock and affecting the real estate sec - tor through national laws, including Belgium’s. The revised EED sets an 11.7% collective EU energy reduction target by 2030 compared to 2020 forecasts. Governments are expected to focus on energy efficiency, including a man - datory 3% annual renovation target for public buildings to reach nearly net-zero standards. Large non-residential buildings must collabo - rate for energy contracts via one-stop shops. The EPBD targets zero-emission new buildings by 2030, and 2028 for public buildings, with cal - culations of the “life cycle global warming poten - tial” required from 2030. Renovation standards are somewhat relaxed, but performance certifi - cates will be digitalised and standardised by 29 May 2026, with stricter validity for lower grades (D to G). A renovation passport scheme will be introduced. The Flemish region imposed energy standards for non-residential buildings from 2022 and resi - dential from 2023, to be met within five years of transfer. By 2025, large non-residential buildings in Flanders will need an energy certificate with at least an “E” score by 2030, irrespective of a sale or the vesting of a right. In the Brussels-Capital region, similar standards will apply from 2033 and 2044.
The EPBD emphasises smart data accessibility through mandatory national databases. When carried out, these developments are expected to affect all real estate market participants. In Bel - gium, further legislative actions promote energy efficiency, such as: • a Brussels ordinance from 13 February 2025 which implements energy-saving measures, including: (a) regulating the hours during which illumi - nated signs may be lit; (b) extending these regulations to include the interior lighting of shops and offices; (c) requiring shops with heating and air-con - ditioning systems in open spaces to keep their doors closed; and (d) limiting the lighting of all advertisements between 11 pm and 6 am, except for information signs; • a Walloon Government Decree from 23 May 2024, providing grants for eco-friendly invest - ments to businesses established in Wallonia that intend to invest in equipment aimed at promoting environmental protection or the sustainable use of energy; and • Walloon circulars on 25 January 2024 and 14 March 2024 advising on permits for wind and solar projects to improve energy manage - ment. Mandatory corporate disclosures The Taxonomy Regulation applies in Belgium, offering a system to classify if an economic activity is “environmentally sustainable” . Crite - ria on climate change mitigation and adaptation took effect on 1 January 2022. The evaluation uses “technical screening criteria” , including cri - teria specific for the construction and real estate sector. Among such criteria are the reduction of primary energy demand, the use of sustainable
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