The regime for building notification in the Flemish Region was thoroughly reformed by the decree of 18 December 2015 introducing miscellaneous provisions relating to the environment, nature, agriculture and energy.
The decree of 25 April 2014 introducing a single permit already significantly modified the notification of urban operations and exploitation of classified equipment or actions. The decree introducing a single permit will enter into force on 23 February 2017 (see Eubelius Spotlights March 2016).
Analogous provisions have now been implemented in the Flemish urban planning code ("VCRO"). According to the Flemish legislator, it was not expedient to await the entry into force of the decree introducing a single permit before implementing this more efficient notification procedure.
Evaluation of the notified works
The new procedure was implemented at the request of the municipalities. The Board of Mayor and Aldermen will henceforth evaluate whether the notified works are indeed subject to the notification obligation, and whether they are not prohibited in or by virtue of article 4.2.2, §1 VCRO. The evaluation is limited to that aspect, however, and does not entail a judgement regarding the appropriateness of the notified works.
If the works are accepted within the notification obligation, the notifying person will be informed accordingly in an acknowledgement of the notification.
If the works are not accepted because they are subject to a building permit, because they are in conflict with the applicable planning regulations, or because they are not subject to the notification obligation (e.g. because they are exempted), the Board of Mayor and Aldermen will refuse to issue an acknowledgement, and it will not take any further action in relation to the notification. Previously, the Board always had to acknowledge the notification, and could merely indicate to the notifying person, in an accompanying letter, that the works were subject to a building permit or were exempted.
Conditions
The Board of Mayor and Aldermen can henceforth impose conditions in the acknowledgement of the notification. These conditions cannot limit or prohibit the notification.
Acknowledgement of the notification will be integrated in the building permit
In cases where a permit application includes both works subject to a building permit and works subject to notification, the building permit will serve as acknowledgement for the works subject to notification.
Display
A notice indicating that a notification was acknowledged must be displayed by the notifying party for 30 days on the premises to which the notification relates.
Appeal before the Council for Permit Disputes
The acknowledgement of the notification by the Board of Mayor and Aldermen can be directly contested before the Council for Permit Disputes by the persons concerned mentioned in article 4.8.11, §1 VCRO. The acknowledgement cannot be contested by means of an administrative appeal.
Enforcement
The explicit provision in the VCRO allowing regularisation of a notification has been abolished. The same applies to the reference to the municipal administrative sanctions that could be imposed for regularising (and therefore late) notifications, on the basis of article 119bis of the New Municipal Code ("Nieuwe Gemeentewet"). The municipal regulations imposing administrative sanctions for the belated notification of works remain valid.
When the decree of 25 April 2014 regarding the enforcement of the single permit enters into force (the date for this is still unknown), the execution or pursuit of works subject to mandatory notification prior to service of the acknowledgement will be punishable by an exclusive administrative fine of a maximum of EUR 50,000. As of that date, the municipal regulations providing sanctions for the execution of works prior to a notification will be assumed to be no longer applicable.
Entry into force
The modified building notification regime entered into force on 8 January 2016.