Are you considering converting an old farmhouse into a B&B, or do you want to buy a property in the countryside? Then chances are you will have to deal with the status of a zoned property. Although these properties are often idyllically located, you are not allowed to carry out all the works. The Flemish Spatial Planning Codex (VCRO) imposes strict conditions.
In this article, we explain what your rights and obligations are so that you do not face any expensive surprises in your real estate project.
What exactly is a zoned property?
A zoned dwelling is a legally erected building located in a zone where housing is not the main function according to current zoning regulations (the regional plan).
Mostly, these are homes in agricultural area, woodland, park or nature reserve. This does not mean that the property is illegal. Often, the situation arose because the regional plans in the late 1970s gave the land a different zoning from its actual use at the time. It may also be a former farm house where agricultural activity has ceased, giving it a purely residential function.
Expert Insight: “Never confuse ‘zone alien’ with ‘illegal’. An illegal dwelling has been erected without a permit or in violation of it. A zoned dwelling is basically licensed, but no longer fits into the current zoning of the area.”
The distinction between zone alienation and building violation
It is crucial to know whether there is a building violation. An original permit is available for most zoned dwellings. Is one not there, or was construction done in violation of the permit? Then regularisation is necessary before you can carry out other works.
Read more about regularising a construction violation here.
Which works are permitted (The Zone's Basic Rights)?
You may remodel, rebuild and expand on a zoned property, provided you meet the strict conditions of the zonal basic rights. These rights are established by law to prevent the outlying area from becoming uncontrollably built up.
The following works are generally permitted, provided the property is not located in spatially sensitive areas:
- Rebuild: Internal and external modifications to the existing structure.
- Rebuild: Demolish the building and rebuild it in the same place.
- Rebuild on changed site: If this will benefit good spatial planning.
- Expand: Increasing the volume of the house.
- Repair works in case of destruction or damage due to extraneous cause: For example, if the property is destroyed by a fire or storm, you may rebuild it under certain conditions.
- Change of function: Changing use (e.g. from agriculture to residential, or residential to office), provided it appears on the limitative list.
The 1,000 m³ rule
In the case of rebuilding and extension, a hard upper limit applies. The building volume of the dwelling may, after works maximum 1,000 m³ amounts. This volume includes all outbuildings that physically form one unit with the house.
Exception: Spatially Vulnerable Area
Note: The rules are stricter in spatially sensitive area (such as nature reserve or forest area) and recreation area.
In these areas, you are only allowed to rebuild or repair after destruction or damage by foreign cause. Rebuilding, extensions or changes of function are not allowed here.
Note: A municipal Spatial Implementation Plan (RUP) can supplement but also limit these rights (e.g. by imposing a smaller maximum volume than 1,000 m³ when rebuilding).
Conditions for invoking basic rights
To avail of zoned basic rights (for conversion, rebuilding, extension, repair works or change of function), the property must meet three cumulative conditions.
The property should:
- Existing are: The building must be physically present at the time of application.
- Mainly licensed are: Most of the volume (90%) must have been created legally. This is often the biggest stumbling block for investors.
- Not being rotten: This is a technical criterion that looks at the stability of the house.
When is a property “dilapidated”?
A property is considered to be dilapidated if it no longer meets the basic requirements of stability.
- Are the load-bearing walls still intact?
- Is the roof structure still stable (apart from the tiles)?
- Is the foundation in order?
If you only buy a ruin whose walls are about to collapse, your zonal basic rights will expire. You will then not be allowed to rebuild this property.
Read more about applying for an environmental permit here.
Risk analysis for real estate investors
Why is an urban planning study essential? Purchasing a zoned building without prior analysis is a huge financial risk. In practice, we regularly see cases where the buyer has plans (e.g. a B&B or equestrian centre) that are legally unfeasible because:
- The building is located in spatially sensitive area.
- The building is labelled as “dilapidated” by the municipality.
- There are building violations on the plot that cannot be regularised.
At worst, the only option is to resell the property, often at a loss because the lack of opportunities is now known.
Conclusion and Advice About Zoning Home Buying or Rebuilding
Planning to invest in a zoned property? Get the status of the property checked before you sign the compromise. A thorough analysis of the permit status and options within the possible SIP will give you the legal certainty you need.
Frequently asked questions (FAQ)
Can I always extend a zoned property up to 1,000 m³? No, this is not automatic. Expansion up to 1,000 m³ is not allowed in spatially sensitive areas (such as nature reserves) or recreational areas. Moreover, a local SIP (Spatial Implementation Plan) may impose stricter restrictions on rebuilding.
What is the difference between a zoned dwelling and an illegal dwelling? A zoned dwelling was built legally (with a permit), but the land use was later changed (e.g. to agricultural land). An illegal dwelling was built without a permit or in violation of the permit.
Can I demolish and rebuild a dilapidated farmstead in agricultural land? This is only possible if the farmstead has not yet ‘rotted’. The structure must still meet basic stability requirements (load-bearing walls and roof structure must be intact). If the farmstead is a ruin, you lose the zonal basic rights.
Is a change of function to office or B&B possible in a zoned property? Yes, under conditions. There is a limitative list of permitted function changes. In most cases, the building must be structurally suitable for the new function and the load-bearing capacity of the surrounding area must not be exceeded.
About the author: Niels Vansimpsen is an environmental law solicitor at Confianz. He assists with permit applications throughout Flanders. He also assists clients throughout Flanders with lodging objections or appeals against permit applications that have been submitted. In addition, he provides assistance with construction and environmental offences and advises clients on the feasibility of their property projects.
