Detecting Building Infractions and Planning Permits via the Flemish Real Estate Information Platform
How do you detect unpermitted verandas or home extensions in the town planning certificate? Expert tips on regularisation and protective conditions in the compromis.
Key Takeaways for Property Buyers
- The town planning extract forms part of the statutory property information packet the buyer must receive prior to signing the compromis.
- Always compare actual physical property conditions with archived permitted plans: unpermitted verandas, side extensions, or subdivided student rooms constitute serious planning infractions.
- Under modern Flemish planning enforcement (VCRO), restoration orders for building violations do not readily expire; authorities can mandate demolition or financial restitution.
- When in doubt, always include an explicit condition precedent of town planning regularisation in your purchase offer or compromis.
1. What Does the Town Planning Extract Disclose?
The extract contains two central registers: the plan register (zoning designation under the regional plan or municipal land use plan, e.g., residential area or rural zone) and the permit register (all granted and refused building and environmental permits).
Specifically verify whether any formal police report (proces-verbaal) of planning infraction is recorded or any pending summons from the municipal planning inspector.
In Flanders, town planning information is increasingly retrieved centrally through the VIP platform. This comprehensive report consolidates building permits, environmental records, statutory pre-emption rights, and heritage listings into one uniform document.
2. How Does Town Planning Regularisation Work?
If a previous owner built an extension, dormer window, or outbuilding without an official permit, a regularisation application (regularisatie-aanvraag) can be filed with the municipal authorities.
Caution: regularisation is never guaranteed. The construction must satisfy current planning bylaws and sound spatial planning principles (such as maximum building depth, boundary setbacks, and daylight impact on neighbors).
Frequently Asked Questions
Who is liable for a historical planning infraction after completion?
The new property owner can be pursued by enforcement authorities to remediate the violation (including demolishing an illegal extension), even if they did not commit the infraction themselves.
What is the statutory presumption of permit for older buildings in Flanders?
Constructions built prior to the entry into force of the Town Planning Act (April 22, 1962) or before initial regional zoning plans are legally presumed to be permitted, provided uninterrupted existence can be proven.
Relevant documents to request for this subject
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