{"id":33676,"date":"2026-05-11T18:09:43","date_gmt":"2026-05-11T16:09:43","guid":{"rendered":"https:\/\/www.confianz.be\/?p=33676"},"modified":"2026-05-11T18:09:45","modified_gmt":"2026-05-11T16:09:45","slug":"municipal-or-private-road","status":"publish","type":"post","link":"https:\/\/www.confianz.be\/en\/gemeenteweg-of-private-weg\/","title":{"rendered":"Municipal road or private road? This recent ruling by the Licensing Disputes Board provides clarity"},"content":{"rendered":"

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 \u201csilent project killers\u201d is the debate surrounding the municipal road<\/strong>.<\/p>\n\n\n\n

Recently, the Council for Licensing Disputes in a judgment of 7 May 2026 (no RVVB-2526-0775) <\/a>tied an important knot. <\/p>\n\n\n\n

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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.<\/p>\n<\/blockquote>\n\n\n\n

The trap: \u201cIt's private land, so not a council road\u201d<\/h3>\n\n\n\n

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.<\/p>\n\n\n\n

The case before the Council involved the construction of a contractordorp<\/strong> (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.<\/p>\n\n\n\n

However, the Licensing Disputes Board firmly whistled back this reasoning.<\/p>\n\n\n\n

The bottom line: public character is decisive<\/h3>\n\n\n\n

The most impactful lesson from this judgment is that it is actual use<\/strong> of a road outweighs who owns it or who does the maintenance.<\/p>\n\n\n\n

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, \u201cI will manage the road myself\u201d.<\/p>\n\n\n\n

These are the two criteria you need to have in sharp focus:<\/p>\n\n\n\n

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  1. Public character:<\/strong> Is the road open to the public? In this case, the cycle link was intended for \u201csoft road users\u201d and publicly accessible. That makes it a public road.
    <\/li>\n\n\n\n
  2. City Council's right of decision:<\/strong> 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.
    <\/li>\n<\/ol>\n\n\n\n

    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.<\/p>\n\n\n\n

    Why this is risky for your project<\/h3>\n\n\n\n

    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<\/strong>. In this judgment, the absence of that prior municipal decision led directly to the annulment of the licence granted.<\/p>\n\n\n\n

    For an investor, this means:<\/p>\n\n\n\n