Planning violations: everything you need to know

Contents

What is a planning violation?

Types of planning violations

How is an offence recorded and documented?

Fines, Penalties, and Consequences of a Zoning Violation

Selling a property in breach of town planning regulations: solutions and advice

Planning regularization: process, costs and deadlines

Legislation and new developments in town planning offences

FAQ

What is a planning violation?

A planning violation occurs when planning regulations are not respected. These rules define how land and buildings can be used.

Typical offences include :

• Construction or part of construction without planning permission
• Modification of a building without authorization
• Use or allocation of a building for unauthorized purposes

Visit planning permission is crucial. It ensures that projects comply with planning codes.

An extension, for example, can be an offence if carried out without a permit. Local authorities often monitor such violations.

The consequences of a violation include :

• Fines
• Obligation to restore the site
• Compliance of work
• Total or partial demolition of structures

Understanding and following planning regulations is essential to avoid complications.

On a related subject: Change of use: how to comply?

Modification of space Altering a building without authorization is illegal.

This includes :

• Unauthorized expansion For example, adding a storey, enlarging a room or merging two apartments into a single unit.
• Change of use For example, to use a residential dwelling as an office or business premises, or to convert a garage into an apartment, or a cellar into living space.
• Unauthorized division Unauthorized division: dividing a single-family home into several apartments without a permit, or converting basements into rental space.

• Creating a dwelling: creating a new dwelling unit in an existing building.

Unauthorized construction All new construction is subject to prior authorization. Unauthorized construction can result in severe penalties.

Examples:

• Outbuildings Building outbuildings such as carports, sheds, greenhouses or pool houses without a permit.
• Leisure facilities In-ground swimming pool, fixed Jacuzzi, tennis court or unauthorized sports field.
• Development of commercial premises The creation of a warehouse, commercial premises or industrial annex without prior authorization.

Façade and roof alterations Any change to the exterior appearance often requires a permit, for example:

• Façade modification : new rendering with insulation, change of cladding, painting of a facade in an unauthorized color, opening of a new window or installation of solar panels installation of solar panels visible from the street.
• Work on the roof Installation of solar panels without a permit, addition of dormers or modification of roof pitch.

How is an offence recorded and documented?

Urban planning infringements are treated with the utmost care by the authorities, who are responsible for enforcing the law. The process involves experts and follows a precise legal procedure, involving meticulous documentation and strict formalities.

The role of reporting officers

The reporting officers play a key role in identifying urban planning violations. They often come from the urban planning department and are trained to spot violations of town planning regulations.

When they observe an infringement, they draw up a procès-verbal de constation.This document must describe in detail the elements of the infringement, the place, the date and the name of theperpetrator. Officers may work in collaboration with an architect to assess the technical aspects of the constructions concerned.

The procedure for recording offences is governed by strict legal rules. And once the offence report has been drawn up, the administration can submit a complaint to the delegated official or to the King's Public Prosecutor, who decides whether to initiate criminal proceedings. This is a standard step in the handling of offences and in the framework of the law.

Formalities and documents to be respected

Visit formalities associated with a statement of offence include a set of documents that may be useful for the regularization procedure. The official report is one of the official documents sent to the owner and several other entities, including the Public Prosecutor and the municipal college.

Any holder of a real right linked to the property must be informed.

In the letter sent to the owner, the administration generally proposes to restore the property to its original state, or to apply for planning permission to regularize the situation within a given timeframe, often 6 months.

Administrative follow-up is crucial to the outcome of the procedure. If these formalities are carried out rigorously, the documentation serves not only as evidence, but also as a solid basis for any eventual control or legal proceedings.

Fines, Penalties, and Consequences of a Zoning Violation

In Wallonia, a zoning violation is punishable by a fine ranging from €250 to €25,000, calculated by volume or per unit [1]. In Brussels, the penalty is an administrative fine ranging from €250 to €100,000 [2]. In both regions, the penalty requires an official citation. It is in addition to the costs of bringing the situation into compliance. And paying the fine does not resolve the issue: a permit must still be obtained [1][4].

From Finding to Penalty: The Process and Its Timelines

1. The finding. An enforcement officer from the municipality or the Region, or a police officer, records the violation. In Wallonia, the officer generally issues a preliminary warning. The deadline for compliance ranges from one month to two years (CoDT, Art. D.VII.4) [1].
2. The official report. If no action is taken, an official report is drawn up and served on the owner. In Brussels, it is forwarded to the Public Prosecutor within ten days (CoBAT, Art. 300/1) [2].
3. The prosecutor’s decision. The prosecutor has 45 days in Brussels to decide whether to proceed (Art. 313/4) [2], and 90 days in Wallonia; otherwise, the case is deemed closed without further action (Art. D.VII.16) [1].
4. No Prosecution: Administrative Sanctions. In Wallonia, the designated official and the municipal council propose a settlement (Art. D.VII.19). In Brussels, the regional sanctioning official imposes an administrative fine (Art. 313/2) [1][2].
5. With further proceedings: the court. Criminal penalties, restoration of the property to its original condition, and possible forfeiture of rent from housing units built without a permit.
6. The permit. Whether before or after the citation is issued, it is still possible to apply for a permit to regularize the situation (Art. D.VII.18) [1]. However, in Wallonia, the permit is issued only after the fine has been paid.

In Wallonia: The Transaction and Its Fee Schedule

A settlement is a payment that extinguishes the public prosecution. Once paid, there will be no further criminal prosecution for these offenses (Art. D.VII.19) [1]. It ranges from €250 to €25,000. The amount is not left to discretion: it follows a regulatory scale, updated by the decree of April 25, 2024, effective as of August 1, 2024 (Art. R.VII.19-1). Any references still citing €15 and €25 per cubic meter are outdated.

Calculation example: A 25 m² sunroom with a height of 2.80 m has a volume of 70 m³, which amounts to a transaction fee of €1,575. Replacing six window frames costs €2,250. A house divided into two units without a permit costs €1,500.

If payment is not made within six months of the authority’s request, the regularization permit expires (Art. D.VII.20) [1]. Payment in installments is possible for up to eighteen months. If the prosecutor brings charges, the criminal court may impose a prison sentence of 8 days to 3 months and a fine of €100 to €50,000 (Art. D.VII.12) [1]. For a professional, the fine ranges from €2,000 to €100,000.

In Brussels: Administrative Fines

In Brussels, there is no plea bargain. Without criminal prosecution, the offender is liable to an administrative fine ranging from €250 to €100,000 (CoBAT, Art. 313/2) [2]. The amount depends on “the number and severity of the violations found.” The amounts are doubled if a new violation is detected within five years (Art. 313/11) [2]. Payment of the fine does not constitute compliance: the Region itself emphasizes this [4].

If the prosecutor presses charges, penalties range from 8 days to 1 year in prison and a fine of €100 to €25,000 (Art. 306) [2]. For a professional: 15 days to 2 years, and a fine of €500 to €50,000. Maintaining work performed without a permit is an offense in itself (Art. 300) [2]. This applies to both the person who performed the work and anyone who knowingly maintains it.

The Two Regimes Side by Side

What a Fine Cannot Erase

• The permit. The penalty punishes the violation; it does not regularize it. An application for a permit is still required, with the same requirements as a standard permit, and it may be denied [1][2].
• The municipality’s application fees, plus a surcharge. Several municipalities charge a higher fee for applications submitted after a formal notice or a traffic citation [3]. In Ixelles, the fee is €190 for a standard permit and €590 after a citation. In Schaerbeek, the fee is €170 and then €1,500. In Brussels City, the fee doubles for retroactive compliance. In Liège, there is a 50% surcharge.
• Restoration. If compliance is impossible, the court may order demolition or restoration. At the owner’s expense. In Wallonia, the designated official may also impose restitution measures (Art. D.VII.21) [1].
• The sale. The defect must be disclosed to the buyer. The notary includes it in the deed. In Wallonia, the date of the most recent work requiring a permit is included in the deed, based on the seller’s declaration (Art. D.IV.99) [1].

And what about over time?

In Wallonia, the CoDT irrefutably presumes certain older construction projects to be compliant. Ten years after completion, provided the deviation from the permit is less than 20 percent. Twenty years for other violations. Never for housing constructed after August 20, 1994, a listed property, or a protected site (Art. D.VII.1/1) [1]. This time limit has been in effect since the decree of November 16, 2017. As of June 1, 2024, it constitutes a presumption of compliance and no longer merely the end of legal proceedings. In Brussels, there is no such presumption: continuing work without a permit remains an offense. The time limits, exclusions, and proof of date are detailed on our page regarding the statute of limitations for urban planning offenses.

Impact of a statement of offence on the sale of a property

A finding of violation has a major impact on the sale of a property. When a potential buyer is informed of the irregularity, he or she may renounce the purchase or ask for a reduced price. The purchaser may be reluctant to buy because of the risks associated with the nullity of the deed of sale.

In any case, it is the responsibility of the seller, the notary, and the real estate agent to inform prospective buyers of any known zoning violations affecting the property being sold as soon as possible.

What's more, if the property is sold without being brought up to standard, responsibility for the irregularities may be transferred to the new owner, increasing the burden of compliance procedures.

This includes possible legal and financial action to regularize the property's urban planning status. For a seller, failure to comply with the rules can make the property less attractive and more difficult to sell.

Sales alternatives: public sale, sale as is

To sell a non-conforming property, the seller may consider sale as iswhere the buyer accepts the property as is. This means that the buyer is aware of the infringements and accepts responsibility for them. This approach requires clear communication between seller, buyer and, if necessary, a real estate agent.

The public sale is another alternative. At an auction, competition between buyers can offset some of the negative aspects. Although often perceived as less profitable, this strategy can be effective for goods that are difficult to sell in other ways. This option also reduces the length of time the item remains unsold, which is advantageous for the seller.

Contact UBEX today for a free consultation!

Don't let regulatory changes take you by surprise. Anticipate and act with UBEXyour partner in real estate regulation.

Planning regularization: process, costs and deadlines

Urban planning regularization is essential to bring into line constructions or developments carried out without prior authorization. This process, though complex, can be greatly simplified thanks to our expertise.

Three-stage regularization process

• Initial assessment Initial assessment: we begin with an in-depth analysis of your situation to determine the specific steps required for regularization. This may involve preparing an application for planning permission, which we usually complete in 3 to 8 weeks if we have all the necessary information from the authorities and the applicant.
  
• Application submission Once the file has been completed, we submit it to the relevant authorities.

  In the absence of a request for further information, processing times for planning permission vary from region to region: in Wallonia, they are generally 120 days; in Flanders, the process is often quicker. In Brussels-Capital, on the other hand, processing times are notoriously long. This frequently-criticized administrative slowness has been highlighted in numerous press articles and has prompted interventions by the Ordre des Architectes.

• Request for further information: the administration almost always requests further information. This is an opportunity to discuss and negotiate with the agent the direction and adjustments to be made to the file to increase the likelihood of its success.

• Follow-up and finalization We ensure rigorous follow-up of your file, responding to any additional requests from the authorities until you receive your regularization permit.

Estimated costs and lead times

The costs of resolving the matter vary depending on the complexity of the violation and the size of the case.

We detail the costs associated with an urban planning regularization—including application fees, surveying, studies, and professional fees—in a dedicated guide. We use an hourly rate to ensure a fair and transparent price. Our goal is simply to ensure that our experts’ hours of work are covered. This gives you the advantage of being able to pause or stop the regularization process at any time during the process.

Upon confirmation of your request for an assignment, we will ask you to pay a set-up fee of €350 (€423.50 incl. VAT) to cover 1/4 of the costs we have already advanced on your file at this stage (insurance, professional dues, administration, legal watch, etc.).

We will then provide you with an estimate of the services required, which will be adjusted according to the progress of your case. Prior to each of our interventions, we will inform you of the estimated hours of our experts' services, to avoid any surprises.

In terms of lead timesthe whole process can take several months, depending on the nature of the offence and the responsiveness of the local authorities. Thanks to our expertise and our relations with the planning authorities, we do our utmost to reduce these delays.

Our experience and statistics on several hundred cases have shown us that when it comes to urban planning regularization, time is an ally in achieving a smooth resolution. Our statistics show that the more pressure you put on a case, the more the positive results obtained diminish.

Why choose Ubex ?

At Ubex, our team is made up of planning experts, architects and specialists in urban planning legislation. Our in-depth knowledge of local procedures and regulations enables us to propose solutions perfectly adapted to each situation, ensuring efficient regularization in compliance with current standards.

Continuous updating: we continuously update the legislative framework in all three regions, and our experts undergo ongoing training.

That's all we do, and that's why we do it well. 

A network of contacts: for over 30 years, we've been building up our network of contacts, particularly with government agencies, by positioning ourselves as mediators rather than confronters. 

Guaranteed independence: we are uncompromising on this subject, and want to remain the actor and mediator on our customers' side. We don't work for any government body.

By entrusting your project to us, you benefit from personalized support at every stage of the regularization process, guaranteeing that your property is brought into compliance under the best possible conditions.

Application for planning permission without an architect

In certain specific cases, it is possible to submit a planning planning permission without the assistance of an architect. However, this approach is not without its difficulties, and requires technical expertise to ensure the accuracy of the required documents.

Applying for planning permission without the services of an architect involves the same steps and the same documents to prepare as applying for permission with the services of an architect: plans, elevations, sections, administrative forms, statistical forms, etc.

Ubex positions itself as a trusted ally for your permit applications, even without the intervention of an architect, optimizing your chances of success in your regularization procedures.

For example, adjustments have been made to provisions concerning building permits, making certain procedures less complex in all regions. As a result, Belgium's towns and municipalities benefit from a reduction in administrative burdens, making it easier to deal with minor infringements and offering greater legal clarity.

One of the significant changes in these regions concerns the introduction of presumptions of conformity. In Wallonia, certain work carried out before a specific date is now considered to be compliant, and similar arrangements apply in Brussels and Flanders, under certain conditions. These developments make it possible to regularize certain situations without the need for complex procedures for long-standing infringements.

Amnesty for previous offences

For earlier offenses, amnesty measures have been adopted to alleviate litigation linked to regularizations. In Wallonia, a partial amnesty is possible for acts carried out before March 1, 1998, provided that no official report has been drawn up and that the property complies with the sector plan. Similar arrangements exist in Brussels and Flanders, although the reference dates and conditions may vary slightly according to regional regulations.

These amnesty measures offer citizens and local authorities an opportunity to regularize situations without incurring heavy penalties. This helps to reduce administrative disputes and improve the local legal climate. This change reflects the efforts of each region to ease the legal constraints weighing on their respective territories and offer citizens simplified access to compliance procedures.

So, whether you're in Wallonia, Brussels or Flanders, these legislative changes represent a more accessible opportunity for compliance, helping to reinforce harmonious urban development that complies with local regulations.

What are the statutes of limitations for planning offences in Wallonia?

The CoDT provides for a presumption of compliance (Art. D.VII.1/1). Ten years after the completion of construction, provided the deviation from the permit is less than 20 percent. Twenty years for other violations. This presumption never applies to housing constructed after August 20, 1994, a listed property, or a protected site. This time limit has been in effect since 2017; as of June 1, 2024, it constitutes a presumption of compliance rather than merely the cessation of legal proceedings. It does not exempt the owner from declaring the situation at the time of sale, and it has no equivalent in Brussels.

What are the consequences of a planning violation?

Consequences can include fines, the obligation to restore the property to its original state, or restrictions on use. In some cases, a ban on occupation may be imposed until the situation has been regularized.

How to verify the existence of a planning violation?

You can verify the existence of a violation by consulting the town planning registers at the commune, or by requesting an inspection by the local authorities. Authorized agents will then make an official finding of any infringements present.

Sources

1. Territorial Development Code (CoDT), consolidated version as of October 1, 2026, SPW Territoire: Art. D.IV.99, D.VII.1/1, D.VII.4, D.VII.12, D.VII.16, D.VII.18, D.VII.19, D.VII.20, D.VII.21, R.VII.19-1 (amounts adjusted by the order of April 25, 2024). https://territoire.wallonie.be/storage/territoire/documents/content/page/codt/codt.pdf
2. Brussels Land Use Planning Code (CoBAT), Justel-coordinated version as of August 10, 2026: Articles 300, 300/1, 306, 313/2, 313/4, 313/11, 330. https://www.ejustice.just.fgov.be/cgi_loi/change_lg.pl?language=fr&la=F&cn=2004040935&table_name=loi

3. Municipal regulations on application fees for urban planning permits: Ixelles, regulation on fees for administrative documents and files related to urban planning, fiscal year 2026 (https://www.ixelles.be/site/fr/download/taxes/2026/documents-admin-urba.pdf); Schaerbeek, regulation on fees for voluntarily requested services, Municipal Council meeting of March 25, 2026 (https://www.1030.be/data/media/document/reglementfixantlesredevancessurlesservic-deliberation_0.pdf); City of Brussels, regulation on fees for administrative services and procedures related to urban planning, City Council resolution of December 15, 2025 (https://www.bruxelles.be/sites/default/files/bxl/152%20FR%20Redevance%20pour%20les%20services%20et%20prestations%20administratifs%20Urbanisme.pdf); City of Liège, Regulations Governing Fees for Administrative Services 2025–2031, City Council meeting of April 28, 2025 (https://www.deliberations.be/liege/publications/adoption-du-reglement-relatif-a-la-redevance-sur-les-prestations-administratives-2025-2031).

4. urban.brussels, “Urban Planning Violations,” accessed October 27, 2026. https://urbanisme.irisnet.be/lepermisdurbanisme/infractions-urbanistiques

Author : CORNIL Olivier

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