BELGIUM Trends and Developments Contributed by: Pieter Puelinckx, Yves Moreau, Bénédicte Deboeck and Melissa Verplancke, Linklaters
Change of use in the Brussels-Capital region In the Brussels-Capital region, an ordinance new governmental decree – adopted on 16 May 2024 and effective since 1 September 2024 – updated the list of changes in property use requiring a building permit. The Brussels-Capital govern - ment also issued guidelines to ensure a con - sistent application of the rules and providing practical examples that would affect commercial activities. These rules manage changes in commercial activities that may not align with the Regional Zoning Plan due to their nature or nuisances, supporting diverse commercial offerings. Pre - vious regulations led to conflicting interpreta - tions and legal uncertainties. The new decree demands a building permit for changes in com - mercial use, with eight categories based on activity and nuisances. For example, changing commercial use within the same category does not require a permit unless there is a significant increase in nuisanc - es. Permits are needed for switching catego - ries or adding new activity types. This applies to mixed-use activities, and, except in specific zones, converting property for certain com - mercial purposes like food services or tourism requires a permit. Additionally, permits are nec - essary for changing from goods retail to service provision, especially in commercial areas.
Abolishment of socio-economic permits in the Walloon region In the Walloon region, socio-economic permits required for retail businesses with over 400m² of net commercial space have been abolished since 1 August 2024. The commercial aspects are now fully integrated into the Walloon Code of Zoning and Planning, which governs building permits and zoning rules in the region. Retail projects now fall under building permits, whether creating retail spaces over 400m² or through change-of-use rules. Previously, pro - jects required both building and socio-economic permits, but now only a building permit is need - ed, which includes commercial evaluation. This new regime follows administrative simplification goals and aims to reduce urban sprawl, limit the artificialising of land, and optimise regional ter - ritory management.
156 CHAMBERS.COM
Powered by FlippingBook