Interested in planning law in the Brussels-Capital Region? This article is designed to help you understand planning law in Brussels, and to give you the resources and acronyms you need to study the feasibility of a project.
Introduction
Spatial planning and urban development are two related concepts, but distinct in their scope and objectives:
- Spatial planning involves the planning and management of a territory as a whole, with the aim of promoting balanced, sustainable development by organizing the use of natural, economic and social resources. It addresses broader issues such as transport, the environment, public facilities and the preservation of natural areas.
- Urban planning focuses on the organization and management of urban spaces, whether already urbanized or planned. It studies the layout of buildings, the organization of neighborhoods, public spaces and urban infrastructures, with the aim of creating functional, aesthetic urban environments that are adapted to the needs of residents. It takes into account factors such as population density, mobility, architecture, accessibility and urban aesthetics.
Town and country planning is a regional responsibility. As such, each region has its own legal basis, a code, (CoDT, CoBAT, VCRO) defining the organization of this competence and its modalities. These texts specify the following elements in particular:
- acts requiring a permit (e.g. do you need a permit to build a swimming pool?)
- the competent authorities (e.g. which authority will decide on which type of act, who draws up which plan, etc.).
- remedies
- planning tools: these are all the tools needed to establish strategies and define development and urban planning rules.
This article focuses on planning tools in Belgium.
The legal basis: CoBAT
The legal basis for urban planning in the Brussels-Capital Region is the Code Bruxellois de l'Aménagement du Territoire (CoBAT). As such, the CoBAT governs the major mechanisms of town and country planning in Brussels:
- Planning (strategic development plans, allocation plans, etc.)
- Urban planning regulations (RRU, RCU)
- Permit applications (which works require a permit, which authorities are responsible, deadlines, appeal procedures, etc.).
- Heritage protection
- The right of pre-emption (a right of pre-emption is a legal or contractual right granted to certain private or public persons to acquire a property in priority to any other person, when the owner expresses his wish to sell it).
- Urban planning information (urban planning context for a specific property, required for all property sales)
Strategic plans
Strategic plans are documents that define and represent the strategy to be followed to achieve specific objectives. These objectives are generally related to land-use planning. Strategic plans establish the main directions to be followed and become the fundamental principles of territorial planning.
It is important to note that, in the majority of cases, strategic plans are indicative (non-binding). The main regional development plans in force in Brussels are discussed below.
Regional Development Plan (PRD)
The Regional Development Plan (PRD) sets out the region's development objectives and priorities, based on economic, social, environmental and mobility needs.
In 2009, a second "D" for sustainable was added to the PRD, symbolizing the region's determination to meet the major challenges of the century in terms of the environment and sustainable development.
Community Development Plans (CDP)
Plans Communaux de Développement (PCD) cover the entire municipal territory and are comprehensive planning tools for the sustainable development of municipalities. They are aligned with the orientations of the PRD and respect the Plan Régional d'Affectation du Sol (PRAS), another regional development plan.
It is a comprehensive planning tool for the development of communes. It establishes the following points:
- General and specific objectives and development priorities, including land-use planning, required to meet economic, social, cultural, mobility, accessibility and environmental needs;
- Cross-cutting and sectoral measures to be implemented to achieve the defined objectives, including a cartographic representation of some of these measures;
- Identification of the commune's priority intervention zones;
Regulatory plans
In contrast to strategic plans, development plans with regulatory value determine the functions that can be established in the various zones of Brussels.
Regional Land Use Plan (PRAS)
The Plan Régional d'Affectation du Sol (Regional Land Use Plan ) follows the guidelines of the Plan Régional de Développement (PRD) (Regional Development Plan) and determines the land uses of the Brussels-Capital Region and the rules that apply to them. For example, the PRAS defines the priority use of an area (housing, commerce, etc.). A zone is defined by one or more blocks of land. The smallest graphic entity in the PRAS is the urban block.
The PRAS is in fact a set of maps (plans) and literal prescriptions (texts).
The 6 PRAS cards
| Card title | Value | Description |
|---|---|---|
| Existing de facto situation | Indicative | The current assignment situation as it stands today. |
| Existing legal situation | Indicative | Planning, heritage and environmental provisions applicable to the zone. |
| Assignment map | Regulatory | The equivalent of the Plan de Secteur in Wallonia, it defines authorized uses by zone (residential, commercial, etc.). |
| Map of eligible office balances | Regulatory | Map showing the remaining m² of office space eligible for conversion. |
| Road map | Regulatory | Regulatory map showing roads and freeways in the Brussels area. |
| Public transport map | Regulatory | Regulatory map of the public transport network, including underground and above-ground lines. |
The literal prescriptions of the PRAS
There are different types of literal prescriptions, depending on their geographical or thematic scope of application:
- General regulations for all zones. Unless otherwise stated, the general regulations apply to all PRAS zones.
- Specific requirements for the various zones on the allocation map (housing, shops, facilities, green spaces, etc.).
- Special requirements for roads and public transport.
- The ZIR (Zones d'Intérêt Régional) and ZIRAD (Zone d'Intérêt Régional à Aménagement Différé) programs.
Here's an example of special regulations applicable to residential areas:
PRAS: Special requirements for residential areas
- Outside the boundaries of commercial nodes, the first floors of buildings may be used for commercial purposes. The second floor may also be used for retail purposes, where local conditions allow, and after the deeds and works have been subject to special publicity measures.
- The floor area allocated to shops may not exceed 150 m² per project and per building.
- However,at least one dwelling must be maintainedin the building.
✅ It's important to note that zones are not always mutually exclusive. This implies that a parcel may, for example, be included in a Housing Zone AND in Zones of Cultural, Historical, Aesthetic or Embellishment Interest, one not excluding the other.
Master Development Plan (PAD)
The Master Development Plan (PAD) is unique in that it defines both the strategic and regulatory aspects of a development strategy. Like the PRAS, the PAD is defined at regional level, but concerns a specific location.
All PADs are listed in the PAD dashboard. For example, the following PADs are listed here: Bordet, Delta Hermaan-Debroux, Heysel, ...
The Special Land Use Plan (PPAS)
The purpose of the Plan Particulier d'Affectation du Sol (PPAS) is to clarify and complement the Plan Régional d'Affectation du Sol (PRAS). It conforms to the guidelines set out in the Communal Development Plan (CDP) and establishes detailed allocations for the various zones. It regulates land use by delimiting buildable and green zones, as well as the rules associated with them. It may also contain other provisions such as :
- Indications of the location, dimensions and aesthetic appearance of buildings and their surroundings.
- Road layout and development measures, as well as related regulations.
You can find these plans on the BruGIS platform: https: //gis.urban.brussels/brugis/#/
Regulations
Regional Planning Regulations (RRU)
The regional town planning regulations include 8 chapters (called "Titles"), which define very specific aspects of buildings and their surroundings:
| Title | Description |
|---|---|
| Title I | Characteristics of buildings and their surroundings |
| Title II | Housing standards |
| Title III | Chantiers title partially repealed - see coordinated version of Title III currently in force |
| Title IV | Building accessibility for people with reduced mobility |
| Title V | Thermal insulation of buildings title repealed in its entirety |
| Title VI | Advertising and signs |
| Title VII | The roadway, its accesses and surroundings |
| Title VIII | Off-street parking standards |
In Title I, for example, you'll find an explanation of the notions of alignment, party lines and so on. These notions define the building's external visual characteristics.
Title II defines standards of habitability, in terms of ceiling height and minimum floor area.
The Communal Town Planning Regulations (RCU)
The Règlements Communaux d'Urbanisme (local planning regulations) define additional rules to the RRU, but cannot contradict it. Depending on the commune, these regulations may concern buildings, the placement of satellite dishes or sidewalks, and apply to the whole commune or just part of it.
Some communes make their RCU freely available on urbanisme.irisnet or on their own website, while others require you to visit the commune to obtain the information.
Summary
In the Brussels-Capital Region, the Code Bruxellois de l'Aménagement du Territoire (CoBAT) governs town and country planning. This code defines the rules, deadlines, competent authorities and planning tools required to implement an urban planning policy.
Among these tools, Strategic Plans guide planning policy from the regional to the municipal level. These plans are not directly useful to permit applicants.
The Regulatory Plans, on the other hand, are binding on the project developer. There are 3 of them:
- PRAS: The Regional Land Use Plan defines possible land uses on a regional scale.
- PPAS: The Plan Particulier d'Affectation du Sol (Specific Land Use Plan) is a municipal tool that defines development rules for a given neighborhood.
- PAD: Le Plan d'Aménagement Directeur (Master Development Plan) is a regional planning tool that defines the strategic and regulatory aspects of an urban strategy in a single movement. This plan applies only to certain specific zones.
In the Brussels-Capital Region, the communes are responsible for issuing planning permission. In the event of an administrative appeal (following refusal of authorization), permits are issued by the Government of the Brussels-Capital Region.
