Antoine HORENBEEK
Installing a fence or building a wall without permission can cost you a lot more than a mason's estimate. Many homeowners are unaware that a simple development on the boundary of a property may require planning permission in Belgium.
Depending on height, location and zone, a fence or wall must comply with precise rules laid down by town planning regulations. Without prior authorization or a proper town-planning declaration, the work may be considered an offence.
This article explains when a permit is required, how to avoid penalties and what steps to take to secure your property for the long term.
In Belgium, a fence is an arrangement designed to mark a property boundary or prevent access, without carrying any structural load linked to a building. It can take the form of a hedge, a wire fence, a palisade or a wall.
The term "wall" generally refers to a masonry or prefabricated structure (brick, concrete, stone, etc.) that may or may not serve as a fence. These constructions are governed by the Code du Développement Territorial (CoDT) in Wallonia, the BWRO in Brussels and the VCRO in Flanders. In addition to these regional texts, local regulations are often more detailed or restrictive.
A common fence is located exactly on the dividing line between two properties belonging to different owners. Maintenance is generally the responsibility of both parties, unless otherwise agreed. Vegetated fences, such as hedges or trees, must respect minimum distances from property lines, as well as height rules that vary from one municipality to another.
Because of their inertia and visual impact, solid walls are more strictly regulated than light fences or wire mesh.
The choice of materials, location (e.g. on the front facade) and height are all criteria that influence urban planning obligations.
Planning regulations are governed at regional level. The CoDT applies in Wallonia, the BWRO in Brussels, and the VCRO in Flanders.
Nevertheless, each municipality has a certain degree of autonomy through its own municipal planning regulations or specific guides.
The commune is the place to go for precise information or to apply for a permit. The regional framework lays down the broad outlines, while the commune refines the rules according to local specificities.
To sum up: In Belgium, regulations on fences and walls vary from region to region and municipality to municipality, with specific rules on materials, height and location.
As soon as a fence exceeds the heights set by local or regional regulations, planning permission is required.
In Wallonia, the standard limit is often 2 metres, but some communes lower this threshold, particularly on the front facade.
In Brussels, a distinction is also made according to visibility and location. Exceeding these heights is considered a significant change to the landscape, and therefore requires prior authorization.
Antoine HORENBEEK
Fences on the front facade or visible from the street are subject to increased surveillance. The authorities are keen to preserve the visual harmony of neighborhoods.
Even a fence of modest height may require a permit if it is judged to be out of keeping with the surroundings. Materials and aesthetics are also taken into account in the analysis of the file.
In sensitive areas such as agricultural, forestry or protected areas, the installation of walls or fences is strictly regulated. Permits are often required, and special conditions apply to the materials to be used and the maximum height.
In Natura 2000 areas, for example, any new installation may be subject to strict prohibitions or a prior notice procedure.
Setback zones, as defined in development plans or municipal bylaws, are often deemed unbuildable.
It may be an offence to erect even a modest fence or wall without a permit. The same applies to public easements and buffer strips. It's a good idea to check the exact nature of these zones before starting any work.
Fences installed near a listed monument must comply with strict constraints on style, color and materials.
This requirement is designed to ensure coherence between the new building and the existing heritage. A permit is required, often accompanied by a prior opinion from the heritage administration, without which the owner risks a double penalty (urban planning and heritage).
If a wall or fence causes a nuisance to the neighbor (e.g., loss of sunlight or encroachment), a permit may be required, even if the heights are legal.
Compliance with the Civil Code, in particular the rules governing joint ownership, as well as with local planning regulations, requires consultation with your neighbor, and sometimes even formal agreement. Ignoring this step can lead to disputes and even legal proceedings.
In short: Planning permission is required whenever a fence exceeds certain heights, alters the landscape or interferes with sensitive or protected areas.
On a related subject: Carports and garages: what are the rules?
Low fences or fences made of inconspicuous materials, such as wire mesh, are generally exempt from planning permission. As a general rule, if the fence does not exceed 1.20 m in height at the front or 2 m at the back, and does not form an opaque visual barrier, no formal authorization is required.
This type of system is considered to have little impact on the landscape or natural drainage. However, it is crucial to check the standards in force in your locality.
When a fence is placed at the rear of a dwelling, hidden from view from the public space, it benefits from a certain tolerance, provided that the maximum heights laid down locally are respected.
This exemption is designed to preserve the freedom of homeowners while limiting the impact on the aesthetics of the neighborhood. Backyards therefore often remain a more flexible area in terms of urban planning.
Replacing an identical fence generally requires no permit: same materials, dimensions, position.
This makes maintenance and repair easier, without the need for a lot of red tape. But beware: the concept of "identical" is strictly interpreted. Changing the material, even slightly, or increasing the height, may require a permit.
Some towns and cities have introduced more flexible or specific regulations in their development plans or town-planning guides.
These regulations may provide for exemptions depending on the neighborhood or type of fence. They are sometimes compiled in documents such as RCU (règlements communaux d'urbanisme). Careful reading of these documents can help you anticipate the exceptions that apply to a given situation.
To sum up: Some low, discreet fences, or fences that have been replaced with identical ones, can be installed without a permit, but it's important to check the rules specific to each commune.
On a related subject: Terrace and planning permission: what you need to know
Building a fence or wall without the required permit is considered an urban planning offence.
Fines can be imposed, up to several thousand euros.
In the event of recidivism or non-cooperation, criminal proceedings may be initiated. To avoid this kind of situation, we recommend that you act quickly and, if still possible, apply for an a posteriori regularization.
Click here for detailed information on how to deal with planning violations.
Antoine HORENBEEK
In addition to financial penalties, the authorities can force the owner to bring his property into compliance.
If the fence or wall cannot be brought up to standard, the only solution is often to remove the structure, which can entail considerable demolition costs. If it is possible to bring the structure up to standard, it may be possible to regularize it by applying for a late permit, subject to certain conditions.
A control may be triggered by a complaint from a neighbor, or when a municipal agent visits the neighborhood. If an infringement is found, the owner generally receives a procès-verbal, followed by a formal notice to rectify or remove the problem. Ignoring these warnings can worsen the situation, making it more difficult, if not impossible, to regularize the situation.
In short: Building a fence without the required permit can result in fines, the obligation to demolish and complications in the event of an urban planning inspection.
Installing a fence without a permit may seem trivial, but the consequences can be very real. Before it becomes a problem, it's best to secure the situation and protect your property.
Our experts will be with you every step of the way, with no jargon and no surprises. Make an appointment with our multi-disciplinary team: an initial discussion is often all it takes to see things more clearly... and then sleep easy again.
In general, up to 2 m high at the rear of a house, and 1.20 m at the front. But these thresholds vary according to your commune. It's best to check the local by-laws or ask for advice to avoid a surprise parking ticket.
Yes, if the fence is shared (placed on the boundary), your neighbor's agreement is essential. You can even draw up a written agreement to avoid any disputes later on.
Yes, if you're building an identical fence (same height, same materials, same location). If you make even the slightest change, the permit rule may apply.
An administrative fine, or even the obligation to demolish the structure. A municipal inspection may be carried out following a complaint or the sale of your property.
Author : CORNIL Olivier
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