Do you want to build, convert or change a function of a property? If so, chances are you will need to apply for an environmental permit. Since 2018, this permit replaces the separate planning permission (building permit) and environmental permit. In this article, we will guide you through the procedure, deadlines and pitfalls.
Which works do not require planning permission?
Not every operation requires a permit; maintenance works and internal renovations without stability changes are usually exempted.
You need no apply for planning permission for mere conservation works (such as replacing roof tiles or windows with identical materials) or internal alterations where you do not extend the building volume or adjust the stability. Note that a notification requirement for smaller works that impact stability but do not change volume.
Expert Tip: “Many owners err on the side of local regulations. A regional exemption can be nullified by a stricter municipal ordinance or subdivision regulations. So always check the rules of your specific municipality first.”
Read more about the procedure to apply for an environmental permit.
Can I just add on to an existing house?
No, any volume extension such as a veranda, kitchen extension or canopy generally requires a permit or notification.
The legislation makes a distinction based on the total area of the outbuildings. If the total area of all outbuildings (including new ones) exceeds 40 square metres, a permit with the assistance of an architect is required. If you stay below this, a notification is often sufficient, provided you meet strict conditions in terms of height and distance from the plot boundary.
Find more information on the conditions to add to an existing house here.
Where should I apply for the environmental permit in Flanders?
Applying for an environmental permit is compulsorily done digitally via the Environment counter of the Flemish government.
Since the introduction of the digital building application, paper files are hardly accepted any more. A paper application is only allowed in very specific exceptional cases, such as when the cooperation of an architect is not required (as with certain garden houses). However, for smooth processing and traceability, Confianz always recommends the digital route.
What types of environmental permit exist?
The single permit is an umbrella instrument that combines four previous permits into one administrative procedure.
Since 1 January 2018, you apply for one licence for:
- Urban planning acts (building and remodelling).
- Parcelisation of land (splitting up plots).
- Operation of classified establishments or activities (environmental permit, IIOA).
- Vegetation changes (e.g. felling trees or relief changes).
The big advantage is efficiency: you go through the procedure only once, even if your real estate project includes both a construction and an environmental aspect.
Who handles my application?
The competent authority depends on the nature and scope of your project; in most cases, it is the Board of Mayor and Aldermen (CBS) of your municipality.
The division of powers is strictly defined by law through ‘project lists’:
- Municipal projects: Standard residential construction, renovations and local SMEs.
- Provincial projects: Class 1 environmental permits or large-scale infrastructure.
- Flemish projects: Strategic projects, such as golf courses (>18 holes) or regional roads.
How does the procedure work? (5 Steps)
The process from application to decision is strictly regulated. Below are the five crucial stages.
Step 1: Admissibility and completeness examination
Within the 30 days after submission, the government checks whether your file is complete.
- Incomplete? The government may request additional documents or the application inadmissible declare. In the latter case, the procedure stops immediately and you have to start over.
- Environmental review: Impacts on the surrounding area are considered through a screening note. For significant impacts, a comprehensive environmental impact report (EIA) is required.
Step 2: Organising public enquiry
If your case is admissible, the public enquiry will start (if required).
- Duration: 30 days.
- Action: You must have a yellow poster (A2 format) hanging out at the border of your plot and the public road.
- Objections: Neighbours and stakeholders can now file objections.
After this investigation, you can amend your application, if necessary, to accommodate objections (“loop procedure”). Please note that substantial amendments may require a new public enquiry.
Step 3: Sourcing advice
The licensing authority seeks advice from external bodies such as the Agency for Roads and Traffic, Agency for Nature and Forests or Real Estate Heritage.
- Term: Usually 30 to 50 days.
- Consequence: No opinion by the deadline usually means a “tacitly favourable” opinion. However, recent case law shows that governments are sometimes obliged to take late, substantively essential advice into account anyway.
Step 4: Decision competent authority
The environment officer prepares a report. The government must decide within a strict deadline:
- 105 days: Procedure with public enquiry.
- 120 days: Procedure with provincial or regional environmental permit committee.
- 60 days: Simplified procedure without public enquiry.
Overrun deadline: In most cases, if the government fails to make a timely decision, the licence is deemed to be refused. You should then appeal.
Step 5: Publication and posting
After approval, you will need to revisit the yellow poster hanging out (“posting”).
- The 30-day appeal period starts only on the first day of this posting.
- You must register the start date of the posting in the Environment Counter.
You can find more information about the billboard here.
Feasibility: When can you start the works?
You may only start the works 36 days after the first day of posting, provided no appeal has been filed.
If a neighbour or advisory body lodges an appeal with the deputation or the Flemish Government, the permit will be suspended. The person lodging the appeal is obliged to notify you of the appeal by registered mail.
What does an environmental permit application cost?
Costs are variable and consist of three pillars:
- Honours: Architect, surveyor, and possibly an environmental law lawyer.
- Municipal fee: An administrative cost that varies by municipality (ranging from €50 to several hundred euros).
- Study costs: For complex files (e.g. archaeology note or EIA screening).
Here is an overview of the cost of applying for an environmental permit.
Update: The Modular Environmental Permit
The Flemish government is working on a decree for the modular environmental licence. This will replace fixed deadlines with a flexible system: a basic 60-day procedure extended by “module” (such as a public enquiry). This legislation is currently not yet in force; the system described above remains the norm.
Frequently asked questions (FAQ)
1. How long does it take to get an environmental permit? In standard proceedings (without public enquiry), it takes a maximum of 60 days after admissibility declaration. In proceedings with public enquiry, this rises to 105 or 120 days. An extension of 60 days is possible in case of administrative complications.
2. What happens if I start building without waiting for the appeal deadline with the province or the Flemish Government? In this case, you are committing a construction offence. You then risk an order to stop the works, fines or even a restoration claim (demolition) if the permit is refused on appeal.
3. Is an architect always required for an environmental permit? No, not always. For smaller works, you may submit the application yourself. For works with impact on stability or the main building, an architect is required by law.
4. Can I appeal my own licence if I am not satisfied with the conditions? Yes, as an applicant, you can appeal the conditions or charges that the government attaches to your licence if you consider them unreasonable or illegal. Be careful with this, however. After all, in the event of an appeal to the province or the Flemish Government by yourself, your permit will also be suspended. That is to say, you will be here pending the appeal lodged by yourself no allowed to use it. You also run the risk of the province or the Flemish Government imposing stricter conditions or charges than the municipality on appeal, or even refusing the permit altogether. Read more about the refusal of an environmental permit here.
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.
