As an owner, developer or investor in Flemish real estate, you know better than anyone else: a permit process is a minefield of procedures. Nothing is more frustrating than a project being delayed - or even killed - by months because of a procedural error. One of those “silent project killers” is the debate surrounding the municipal road.
Recently, the Council for Licensing Disputes in a judgment of 7 May 2026 (no RVVB-2526-0775) tied an important knot.
The central question: when is a road a municipal road that requires prior approval by the municipal council? The answer is crucial for anyone constructing or modifying roads within a project.
The trap: “It's private land, so not a council road”
Many owners assume that if they build a road on their own land, manage it themselves and do not formally transfer it to the municipality, it is a private road. This seems logical: you pay for the construction and maintenance, so you decide.
The case before the Council involved the construction of a contractordorp (a temporary site zone) for the expansion of the UZ Leuven campus Gasthuisberg. The project included a bicycle connection that would be accessible to all, but which remained on private property and would be managed by the builder himself. The Flemish authorities therefore ruled that no prior approval from the municipal council was needed.
However, the Licensing Disputes Board firmly whistled back this reasoning.
The bottom line: public character is decisive
The most impactful lesson from this judgment is that it is actual use of a road outweighs who owns it or who does the maintenance.
According to the Municipal Road Decree, municipal roads are public roads under the management of the municipality. But the council clarifies that as an applicant, you cannot circumvent the power of the municipal council by simply saying, “I will manage the road myself”.
These are the two criteria you need to have in sharp focus:
- Public character: Is the road open to the public? In this case, the cycle link was intended for “soft road users” and publicly accessible. That makes it a public road.
- City Council's right of decision: Once a road is given a public designation, the municipal council has autonomous power to decide on it. This should not be eroded by an initiative of a private party.
In short, the fact that a road is on private land and maintained by a private party does not prevent it from legally being a municipal road if the public is allowed to use it.
Why this is risky for your project
If you provide a public link (such as a slow road or cycle path) in your planning permission application, but you do not pass the municipal council, your permit will be voidable. In this judgment, the absence of that prior municipal decision led directly to the annulment of the licence granted.
For an investor, this means:
- Financial loss: Legal aid costs and new litigation are mounting.
- Waste of time: In this particular case, the government was given five months to make a new decision.
- Uncertainty: The entire planning of the project is in jeopardy.
Our advice: avoid surprises
This ruling underlines that “unburdening” the construction process starts with a watertight legal analysis beforehand. You don't want to discover halfway through that a detail - such as the public accessibility of a cycle path - undermines your entire permit.
What can you do? Do not blindly assume that private management equals a private road. For every project involving the construction or modification of roads, have a check made as to whether the road is a public use according to the Municipal Road Decree. If this is the case, the file must first pass the municipal council before the actual permit can be issued.
Flemish licensing law is complex and constantly evolving. Professional advice is not a luxury here, but a necessary insurance for your investment. By proactive take the right steps, you will prevent your project from ending in a Council judgment, and you can focus on what you are good at: building and developing. Please feel free to contact us.
