The course of proceedings at the Licensing Disputes Board explained

Has your environmental permit been refused on appeal, or was a permit wrongly granted to your neighbour? If so, the procedure before the Council for Permit Disputes (RvVb) is your last administrative resort. In this article, Confianz dissects the entire process, from deadlines and costs to the chances of success.

When can I go to the Licensing Disputes Board?

You can only start a procedure with the Council for Permit Disputes (BoD) after you have fully completed and exhausted the administrative appeal procedure with the deputation (province) or the Flemish Government.

The CCE acts as an administrative court that rules on the legality of the final decision. You cannot therefore go directly to the Council following a decision by the municipality (municipal executive) or the province (deputation). This is only possible if the Flemish Government was the competent authority in the first instance.

Expert insight: "Many property investors mistake this: the Council for Permit Disputes does not rule on the appropriateness of your project (whether it is 'beautiful' or 'desirable'), but only on its legal legality. It is strictly a legal battle, not an urban planning discussion."

Find out more about contesting an environmental permit here.

Exception: The "Third Interested Party"

There is one important exception to the exhausted appeal rule. If, as a local resident, you did not file an appeal against a refusal at first instance (because you agreed with it), but the province or the Flemish Government, following an appeal by the applicant, issued the licence still grants. Then you can go directly to the RvVb. After all, in that case, the earlier decision was not to your detriment and you could not agitate earlier.

By what deadline should I file an appeal?

The expiry period for filing an appeal with the RvVb is strictly 45 days. This deadline is of public order: one day late inevitably means the inadmissibility of your petition.

The starting point of this term depends on your situation:

• You were a party to the previous proceedings: Term starts the day after The notification of the decision (via the Environment counter or registered mail).
• You were not a party (third party): Term starts the day after the first day of the posting of the yellow poster (announcement).

Advice from Confianz: "In the latter case, do not blindly rely on the date on the yellow poster, as it is not mandatory to be mentioned. Always check the exact end date of the appeal period via the Inspection desk. Council jurisprudence generally accepts that you may proceed on the timeframe indicated digitally there."

How do you count correctly?

• Start: Day after notification/posting.
• Weekend: Does the term start on a Saturday or Sunday? Then it just counts.
• End: Does the 45th day fall on a Saturday, Sunday or legal holiday? Then the deadline is extended to the next working day.
• Note: Bridge days are not legal holidays.

How do I file a petition and what are the costs?

You file an annulment appeal via a formal petition, digitally via the DBRC office or by registered mail, paying a rolling fee of €200 per requesting party.

The petition must be legally based. You must show which rule of law (decree, decision, general principle of law) has been violated by the contested decision. Merely complaining about nuisance is insufficient; you must translate this into legal grounds (e.g. violation of the duty to state reasons, the duty of care or the principle of reasonableness).

More information on filing an annulment petition can be found at The Licensing Disputes Board website.

Fee schedule (Rolling Rights)

The costs must be paid immediately or at the latest within eight days of the registry's request.

Note: Therefore, if you file one petition together with neighbours, each person pays the full rolling fee.

What is the procedure? (Roadmap)

The procedure before the Council is largely in writing and has four set stages: screening, note exchange, hearing and judgment.

Below is a schematic overview of what to expect:

Step 1: Screening and Admissibility

After filing, the Council screens your petition for formal requirements and payment of rolling fees.

• Tip: Pay the roll duty immediately on filing and attach the proof. The regularisation period is very short and merciless.
• The Council assigns a colour code to the file (Green/Yellow/Orange/Red) based on priority and complexity (internal use).

Step 2: Response of the Counterparties

The registry will send your petition to the defendant (the government) and the intervening party (the licence holder).

• The government can a reply note submit (not mandatory).
• The licence holder can a written explanation submit to defend his licence (not mandatory).

Warning to licence holders: "The government does not always defend your permit with full conviction. As a permit holder, it is crucial to intervene yourself with an environmental law lawyer to safeguard your interests."

Step 3: Reply or Explanatory Note

As an applicant, you get the final say:

• Serve a reply note in if the government filed a reply note.
• Serve a explanatory note in if only the licence holder submitted a note or if none of the other parties submitted a note.

Step 4: Hearing and Judgment

You will be invited to a meeting. Today, the Council is moving towards a written procedure at which a hearing will take place only upon request or if the Council deems it necessary.

• Lead time: On average, the procedure takes 1 to 1.5 years. An abbreviated procedure can be completed in a few months.
• The Judgment: The ruling usually follows 3 months after the inquest.

What are the implications of the ruling?

The Licensing Disputes Board annuls the licence if it is illegal, but does not in principle decide itself whether the licence should be refused or granted. The latter can only be done in special cases. For example, when the government no longer has any margin for decision.

At a destruction the competent authority (usually the province) must make a new decision, taking into account the legal grounds in the judgment. The government usually has four months to do so.

Legal representation allowance (RPV)

Do you win the case? Then you will be refunded your role fees (€200 p.p.) by the losing government. In addition, you are entitled to a litigation fee (standard €840 per petition) as compensation for your legal fees.

• Are you losing? Then you will lose your rolling rights and risk having to pay an RPV to the government (if they request it, which rarely happens).

Cassation at the Council of State

Do you disagree with the RvVb's ruling? Then all that remains is to cassation appeal at the Council of State. However, this is not a 'third chance' to argue the facts. The Council of State only rules on whether the COE has applied the law correctly, not on the substance of the case itself.

FAQ: Frequently asked questions about proceedings at the RvVb

Can I continue to build during proceedings at the Licensing Disputes Board?

Yes, an annulment appeal has no suspensory effect. You may build at your own risk. However, if the permit is later annulled, you are building without a permit and risk demolition. A neighbour can, however, have a separate suspension request submit; if this is granted, the works must stop immediately.

As a builder, how do I know if an appeal has been filed against my permit?

The applicant should notify you, but this is not always done correctly. Contact the Council registry (by phone or e-mail). Ask whether an appeal is known on your OMV reference and whether the registry is "up to date" with processing incoming mail.

What is the difference between the Licensing Disputes Board and the State Council?

The RvVb is the competent court for Flemish environmental permits (substantively). The Council of State acts in this matter only as court of cassation: they only check whether the RvVb has not made procedural errors or misinterpreted the law, but no longer adjudicate on the building permit itself.

About the author: Niels Vansimpsen is an environmental law lawyer at Confianz. He supervises permit applications throughout Flanders. He also assists clients throughout Flanders with objections or appeals against submitted permit applications. He also provides assistance with construction and environmental offences and advises clients on the feasibility of their real estate project.

Update: December 2025