Do you dream of an idyllic home surrounded by greenery, a charming weekend cottage in the woods, or a stable next to a nature reserve?
Wonderful, but be extremely vigilant when making a purchase. The Flemish inspection authorities are currently working on a clean-up campaign in so-called ‘spatially vulnerable areas’. After all, offences committed in spatially vulnerable areas are treated as a priority. Anyone buying property here that is in breach of planning regulations is stepping into a legal minefield. The key term you need to know? Conservation.
What is the offence of conservation?
In the case of a standard building offence – for example, an unauthorised extension in a residential area – it is build the offence itself. Such a building offence is generally subject to a limitation period (nowadays often extended to 10 years for criminal proceedings).
At spatially sensitive area (such as a nature reserve or woodland) the situation is fundamentally different. Here, not only is building illegal, but also maintain of that unauthorised structure. As long as the unauthorised building, the paving or the outbuilding remains in place, the planning offence is being committed every single day.
The harsh reality: Conservation never expires
Because the breach of conservation is committed anew every day, never expire. This means that the authorities can carry out inspections at any time.
It makes no difference to the inspectors whether the offence was committed by you or by a previous owner thirty years ago. In practice, we are currently seeing a sharp rise in the number of cases concerning the enforcement of conservation measures in spatially sensitive areas, sometimes even involving situations that have already 35 years of uninterrupted presence There is simply no ‘statute of limitations’ in nature reserves.
What are the consequences of enforcement?
When the inspectorate comes round, it usually doesn’t end with just an administrative fine. As these are ecologically valuable areas, the government is fully committed to progress in recovery. In practice, this means:
- Having to do everything break down of the unauthorised structure.
- Having to soften of unauthorised driveways, terraces or parking spaces.
- Restoring the site to its original condition, often at one’s own expense and under pressure from a hefty daily penalty that the infringement continues.
Our tip: Avoid making a bad purchase
When buying a property in the countryside, never be fobbed off with the statement: “It’s been there for thirty years; nobody pays it any mind anymore.”
- Obtain all the necessary permits: Carefully compare the plans from the municipal archives with the actual situation on site.
- Take a closer look at the urban planning information: Check whether there are any outstanding fines or claims for damages relating to the property.
- Call in an expert: If you have the slightest doubt about the legality of a development in a sensitive area, it is advisable to consult a specialist legal expert or solicitor before signing the preliminary agreement.
In a nature reserve, a planning offence is a ticking time bomb that will cost you dearly sooner or later. Don’t be caught off guard – forewarned is forearmed.
Do you have any questions about spatially vulnerable areas? Please feel free to contact on.
