Two Flemish Government Decrees, dated 17 July 2015 and 30 October 2015, have amended older Government decrees regarding function modifications requiring a permit and admissible function modifications not in conformity with zoning law. These amendments entered into force on 29 November 2015.
The list of function modifications requiring a permit has been drastically amended. As a consequence, today more function modifications require a building permit. Apart from a number of changes in terminology, certain function categories have been further subdivided, and two categories have been added to the list of function modifications requiring a permit – "community services and public utilities" and "the military function".
The list of admissible function modifications not in conformity with zoning law has been adapted in favour of emergency accommodation for asylum seekers and homeless persons, and for the benefit of accelerated redesignation of old industrial sites.
The Flemish Government Decrees dated 17 July 2015 and 30 October 2015 amending the Flemish Government Decree of 14 April 2000 determining the function modifications requiring a permit and the Flemish Government Decree of 28 November 2003 determining the list of admissible function modifications not in conformity with zoning law were published in the Official Gazette on 19 November 2015 and entered into force on 29 November 2015.
Third sector
The previous function category "commerce, catering, offices and services" has now been subdivided into three new main functions: (i) retail business; (ii) dancing, restaurant and bar; and (iii) office function, services and liberal professions. This means that a permit is now also required for the modification of a function from, for example, retail business to office function; such modifications did not require a permit before. The reason for this change is that these functions have a different planning impact. According to the report to the Government, this subdivision also fits in with the future development of the environmental permit for retail activities (integrating the existing socio-economic permit into the environmental permit, as announced in the government agreement).
Community services and public utilities
Under the old regime, a building permit was only needed for changing the function "community services and public utilities" to a main function mentioned in the decree. A reverse function modification did not require a permit. Because, among other considerations, such services and utilities are increasingly provided by private and commercial initiatives and sometimes give rise to unwelcome planning developments, the function of "community services and public utilities" has been made into a full main function requiring a permit. As a consequence of this amendment, the public authority granting the permit will be able to take into account compliance with this function with proper planning when assessing projects which entail a function modification to "community services and public utilities".
Accelerated redesignation
In the decree of 28 November 2003, the possibility has now been created to redesignate, under strict conditions, buildings or building complexes in urban areas in an accelerated manner, while awaiting completion of the planning process. Consider the redesignation of old industrial sites, where the development of new industrial activity is no longer desirable, and where therefore the designation as an industrial area needs to be changed. The acceleration provided for by the new regulation consists in the possibility of issuing temporary permits (with a maximum validity of three years, renewable once for a maximum of three years) while awaiting completion of the planning process with a view to the redesignation.
Military function
Because of their very distinct planning impact, buildings with a military function have been given a separate main function. As a result, from now on, the attribution of new functions to former military buildings requires a permit.
The exemption from a building permit has been taken into account (see article 8.3 of the Flemish Government Decree of 16 July 2010 determining actions not requiring a building permit). Therefore, a permit is not required, in areas designated as a military domain, for modification from another main function to a military function, insofar as installations or buildings of strategic military significance are concerned.
Emergency accommodation
In view of the above, a function modification of buildings from a military function to community services and public utilities now requires a permit. However, an exception has been provided for, allowing the main function of built property to be changed without a prior building permit to a main function consisting of the (temporary) (grouped) emergency accommodation of asylum seekers, homeless persons or citizens whose home is uninhabitable, when unforeseen circumstances give rise to an urgent need for accommodation for humanitarian reasons.