Change of use: how to comply?

Contents

Understanding change of use and assignment

When is a permit required?

How do I apply for a change-of-use permit?

Mistakes to avoid when making a change of use

Regularization of an undeclared change of use

Tax implications and consequences of a change of use

Trends and developments in change of use

FAQ

When is a permit required?

A permit is required as soon as the change alters the use or structure of the property.

Work requiring planning permission

Certain constructions or modifications require compulsory planning permission. This document formalizes compliance with planning regulations in each region.

1. Building a new house or apartment always requires planning permission, whatever the region.
2. Modifying the load-bearing structure of an existing building requires this type of permission. For example, knocking down a load-bearing wall in Wallonia requires this document.
3. Extending an existing building also requires this authorization, as does adding an annex or extending a room in Flanders.
4. Work affecting the external appearance of a building, such as changing the façade or applying new rendering, is subject to planning permission in Brussels and elsewhere.
5. Changes to the volume or interior layout of the dwellings require a permit to guarantee stability and comply with local standards.
6. Changing the use of a space (e.g. from an apartment to a workshop) is subject to a regularization procedure approved by the competent authority.
7. The complete demolition of a building also requires this authorization before any concrete action can be taken on the plot concerned.
8. In Wallonia and Brussels, any modification to the relief of the ground must be registered with the local public service.
9. Affixing or installing certain visible elements in public spaces, such as signs or permanent structures, may require a specific permit, depending on local regulations.

The following steps explain how to submit a change-of-assignment request to the appropriate department in your region.

Change of use subject to authorization

A change of use can have a major impact. It is often subject to strict rules, depending on the region in Belgium.

1. In Brussels, planning permission is required to change the use of a property, even without any work. Changes of use also require a permit if they appear on a regional government list.
2. In Wallonia, any change of use requires planning permission. This applies whether or not work is planned on the property concerned.
3. In Flanders, a permit is required if the main function of the property changes. This rule follows current regional regulations.
4. Owners must submit an application to the relevant local authority. They must provide the application form and all the documents required in the file.
5. The decision is made by the local planning department or the local issuing authority concerned by the application.
6. Some projects may include additional acts and works subject to a public inquiry or special plan, depending on their nature.
7. Times vary according to the complexity of the project and the region in Belgium (Brussels, Wallonia or Flanders). Administrative costs are also incurred to finalize the necessary paperwork.
8. Any infringement related to an unauthorized change can result in significant legal penalties for the owner responsible for the property concerned.

Cases where a permit is not required

In certain situations, you don't need to apply for a permit. The rules vary according to the region and the work envisaged.

1. Temporary work (less than 90 days) is exempt, as is a temporary change of assignment. This period must never be exceeded.
2. In the Brussels-Capital Region, interior alterations with no impact on the load-bearing structure or external appearance are exempt from the permit requirement. This also includes work that has no impact on the number or use of existing dwellings.
3. In Wallonia, certain simple interventions are defined in the Code du Développement Territorial (CoDT). For example, minor alterations can be carried out without the need for an architect or planning permission, provided local regulations are respected.
4. In Flanders, small constructions or non-structural modifications can be authorized without any formal procedure. However, check with local authorities to ensure that no specific conditions apply.
5. Projects involving protected or listed buildings must comply strictly with the local regulatory framework, even if certain minor details appear to be exempt.
6. In all regions, there is no need to submit an application if certain legal thresholds are not met, depending on the surface area or intended use.

Each case depends on the precise points stipulated by each region and its planning authorities.

Documents to be supplied

To apply for a change-of-use permit, certain documents are essential. These documents enable us to assess the project and its compliance with the rules.

1. Accurately completed application form.
2. Detailed plans showing existing condition and proposed modifications.
3. Technical description clearly explaining the proposed work.
4. Recent photos of the property in its current condition for a better understanding.
5. Impact studies, such as the effect on the environment or mobility, if necessary.
6. Proof of ownership or written authorization from the owner if you are not the legal owner of the property.

It is essential to contact your local housing or urban planning department to ensure that all documents specific to your area are included before submission. As for compulsory notification, even in the case of a permit exemption, it remains crucial to avoid any future legal sanctions under the general code applied in your area (Brussels, Wallonia or Flanders).

Key steps in the administrative process

Applying for a change of use involves a number of steps. Each step ensures that your project complies with local building regulations and requirements.

1. Consult your local planning department. This will help you obtain information on the applicable rules, the types of changes possible and the change documents required.
2. Prepare a complete file. Include title deed, existing plans, details of work subject to permit and requested change authorization.
3. Submit the application to the local council or delegated official. This step officially launches the administrative process.
4. Follow the administration's study of the file. This may include a public inquiry or other consultations prior to potential entry into force.
5. Receive the official decision in writing. This decision approves or refuses the permit according to the rules for legally changing the use of a property.
6. Display the permit on the site concerned for the required period, except in exceptional cases determined by the region (Brussels, Wallonia or Flanders).

These administrative procedures often precede the step on how to avoid mistakes in a change of assignment.

Time and costs involved

Timescales depend on the region and the complexity of the change of use. On average, it takes several months to obtain a decision. Processing may be faster for smaller projects, but this is rare.

In Brussels, Wallonia and Flanders, deadlines vary according to local rules.

Fees include administrative costs, even in the event of refusal. Architect's or surveyor's fees may also be added. For multi-family dwellings, supplements per m² often apply.

Some municipalities also require specific technical studies. Here are some common mistakes to avoid during the process.

Regional differences (Brussels, Wallonia, Flanders)

Changing the purpose or use of a property varies from region to region in Belgium. Specific regulations apply in Brussels, Wallonia and Flanders. Here is a summary of the regional distinctions:

Not anticipating the costs involved

The administrative procedures involved in a change of use can be costly. Procedural costs vary from one commune to another. Even in the event of refusal, these fees are still due.

Hiring an architect also involves fees, which are often high.

Specific taxes may be added depending on the new use of the property. For example, the creation of a commercial space could entail new tax obligations.

It's essential to plan ahead to avoid unpleasant surprises.

Neglecting the impact on property taxation

A change of use can increase property tax. For example, converting an existing building into office space can lead to an increase in cadastral income. A change in the use of the property can also affect the property tax.

Failure to take these changes into account can result in unexpected costs.

The changeover from residential to commercial activity also has an impact on VAT. This type of realization may entail different tax obligations. Anticipate these changes to avoid legislation-related penalties.

Beware of infringements that could complicate the resale of your property at a later date.

Ignoring energy and environmental implications

Neglecting the energy implications can result in legal sanctions. Converting a 50-year-old workshop into a home requires upgrading. Thermal insulation and fire safety must meet current standards.

This work may affect the regularization permit and administrative procedures.

If a project doesn't comply with the regulations, there's a risk that it won't be regularized. For example, a poorly insulated building can also increase energy costs. It's best to plan these adaptations from the outset, to avoid fines or administrative rejection.

Installing a compliant system helps secure the necessary authorization.

Regularization procedure and legal deadlines

Regularizing a change of use requires several steps. The file must include plans of the work already carried out, photos, cadastral extracts and other administrative documents.

An architect is often required to prepare the plans. The next step is to submit the file to the local authority. The review may include a public inquiry or consultations with various departments.

Delays depend on the commune and the level of complexity of the file. In some cases, the wait can exceed several months. Ubex can help, from start to finish.

Risks involved

Infringements of the change-of-use rules can result in substantial financial penalties. For example, it is illegal to convert a commercial first floor into residential accommodation without a permit.

The authorities can also demand that the property be returned to its original state. If this is not complied with, demolition of the illegal work becomes an extreme solution.

An infringement also complicates the sale of the property. Notaries are required to check urban planning compliance prior to any transaction. In the event of a problem, the deed could be blocked.

These non-compliant administrative procedures also cause significant delays in regularizing a change of use, impacting the overall project.

Can a planning violation be rectified after the fact?

Urban planning violations may be rectified after the fact, but this is never guaranteed. New uses or allocations must comply with the standards in force at the time of application.

If compliance is not proven, the authorities may refuse to regularize the building. This may require costly modifications or even demolition.

As each application is unique, precise documentation must be provided to justify the situation. Administrative procedures must also demonstrate that the project does not contravene the subdivision permit or other local regulations.

Calling in experts increases your chances of success and limits the penalties provided for by legislation.

Change of use and VAT

Work linked to a change of use may be subject to VAT. The standard rate is 21%. A reduced rate of 6% is sometimes applied for renovations to private dwellings over 10 years old.

This reduction also applies to regions such as Brussels, Wallonia and Flanders. Make sure your work meets these criteria.

The nature of the work and its impact play a key role. For example, converting an existing house into offices can change the VAT applicable. Anticipate these costs in your administrative procedures to avoid tax surprises.

Resale of a property with a new allocation

The resale of a property with a new purpose may involve tax changes. If the property is classified as new after work, VAT at 21% may apply. A reduced rate of 6% remains possible for demolition and reconstruction projects if carried out before December 31, 2023.

Some communes impose specific rules depending on the local PPA or GRUP. The buyer must check that the current use complies with the legislation. Undeclared or irregular use could lead to sanctions or complicate the transaction.

Urban planning and new forms of housing

New forms of housing, such as coliving and light housing, are developing rapidly. In Belgium, their legal recognition remains uneven from region to region. In Brussels, planning permission is now required to create or close a coliving unit.

However, light housing still lacks a precise legal framework.

In Wallonia, certain alternatives are recognized, but legal uncertainties persist, especially for light housing. In Flanders, too, these innovations await clear legislation.

Discussions are underway, however, to integrate these shapes into local town planning schemes.

The future of planning regulations in Belgium

Urban planning regulations in Belgium are evolving to meet new needs. Brussels aims to provide a framework for new forms of housing while preserving urban diversity.

In Wallonia, administrative procedures are simplified to encourage innovation. In Flanders, the emphasis is on sustainability and integrating projects into the existing urban fabric.

Recent relaxations allow temporary changes of use for up to 90 days without a permit. However, notification of the commune remains mandatory. These changes are aimed at adapting legislation to environmental challenges and societal expectations, while at the same time ensuring control of infringements linked to land use.

Author : CORNIL Olivier

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