Do I need planning permission for a garden shed?

Contents

What criteria determine the need for planning permission?

Specific regulations by region

Frequent special cases

What to do in the event of a planning violation?

FAQ

What criteria determine the need for planning permission?

The size of the shelter plays a key role: below a certain surface area, it may be exempt. Location and distance from property boundaries are also important criteria to check.

Criteria common to all three regions

To determine whether planning permission is required for a garden shed, several common criteria apply in Belgium:

• Maximum surface area without a permit:
  In Wallonia, a garden shed can be installed without a permit up to 20 m².
  In Flanders, this limit is higher, at 40 m².
  In Brussels, regulations are more variable; it is necessary to consult the commune directly.

• Maximum height:
  In all regions, garden sheds must not exceed 3 metres in height.

• Location on the lot:
  Shelters may only be built in the rear or side area of the lot. Construction on the front is generally prohibited without a permit.

• Distance from property boundaries:
  The shelter must be set back at least 1 metre from the neighbor's boundary fence.

• Type of zone:
  The nature of the land (residential, agricultural, protected...) also influences obligations. Some sites are subject to special rules and may require a permit, even for a small shelter.

• Competent authorities:
  In all cases, we recommend that you contact your local planning authority to confirm the criteria applicable to your situation.

Even if your project seems to meet these general criteria, we invite you to consult the list of works that require planning permission.

Wallonia

In Wallonia, you don't need planning permission to build a garden shed if certain conditions are met. The maximum surface area allowed is 20 m².

The total height of the shelter must not exceed 3.5 metres, with the height under the cornice limited to 2.5 metres. The shelter must be set back at least 1 metre from party boundaries and located to the rear of the main dwelling.

For any shelter exceeding these thresholds , planning permission or prior declaration is required. Applications must be submitted to the relevant public authority. This involves filling in a specific form and handing it in or sending it by post.

Compliance with these rules avoids penalties for illegal construction.

Flanders

In Flanders, planning permission is not required if the garden shed complies with certain rules. The maximum surface area is 40 m². Total height may not exceed 3.5 meters.

The building must be set in the side or rear garden and maintain a minimum distance of 1 metre from party boundaries.

If these criteria are not met, a permit is required. The application must be submitted to your local municipal office. Take into account local regulations and decisions taken by the commune before starting your project.

Frequent special cases

A garden shed located in a Natura 2000 zone or near a protected monument requires special attention. These areas may impose strict restrictions, such as a specific choice of materials or a maximum height.

In such cases, prior consultation with the local authority is essential to avoid any problems.

A garden greenhouse, often likened to a garden shed, may also have different rules. For example, some regions require a permit if the surface area exceeds 20 m², or if it is attached to a detached house.

Protected areas make this even more stringent. Always check these details before installation.

What to do in the event of a planning violation?

Urban planning infringements can be corrected through a regularization process. Consult an expert to guide your actions and avoid penalties.

Regularization after building a shelter without a permit

Building a garden shed without a permit can lead to problems. There are specific steps you can take to regularize the situation.

1. Contact the local authority promptly to report unauthorized construction. This will avoid additional penalties.
2. Put together a complete file including plans, a detailed description (materials, dimensions, roofing) and the exact location of the shelter on your plot.
3. Hand in your application at the commune's reception and service office. Some communes also accept online applications.
4. Obtain a signed receipt at the time of filing, to make it easier to follow the file as it is processed.
5. Check that the shelter complies with all the measures and rules of the Walloon Code or other territorial code applicable in your region, such as the maximum surface area allowed (e.g. 20 m²).
6. In the event of refusal or difficulty, ask a professional, such as Ubex, to help you complete your application correctly and submit it on time.

Acting quickly reduces the risk of penalties such as heavy fines or even the obligation to demolish the shelter!

Potential penalties for non-compliance

Failure to register a garden shed can result in penalties. The consequences can be serious and costly.

1. You risk an administrative fine. The amount depends on your region and can reach several thousand euros.
2. In some cases, there is a risk of imprisonment. This applies in particular to serious or repeated offences.
3. You may have to destroy the illegal shelter. This obligation is designed to re-establish the rules of land use planning.
4. Post-construction regularization is sometimes refused. If your project does not comply with regulations, no approval will be given.
5. The commune can report the offence to the relevant authorities. This makes the procedure even longer and more complex.
6. An infringing file can block a real estate sale. The buyer may refuse to purchase the property.
7. Legal fees in the event of a dispute can be added to the initial costs, further increasing your total outlay.
8. A prolonged absence of regularization reduces the value of your property on the local real estate market.
9. Neighbors can lodge a complaint with the authorities for visible non-compliance with the legal framework.
10. Any infraction recorded in your official records will make it difficult to obtain future permits in this zone.

The importance of acting quickly in the event of an infringement

Acting quickly limits legal and financial risks. Urban planning violations, such as building a garden shed without a permit, can result in heavy fines. In the event of non-compliance, they can exceed several thousand euros.

A prison sentence is also possible in certain serious cases. Contact the town planning department as soon as possible to regularize your situation.

An incorrectly filled-in or missing permit makes the job harder. Filing or completing your application as soon as possible avoids future complications. Letting an infringement drag on can worsen relations with the local authorities.

Administrative procedures can take a long time, so don't wait to take action.

Do I need a special permit for a wooden shelter?

A wooden shelter can be exempted from the permit requirement if it complies with Walloon regulations, particularly with regard to the dimensions and function of the building.

What types of shelters are subject to restrictions?

Sheds with gutters or flat roofs, like those with acroteria, may be subject to specific rules. The tone and materials used must also comply with your local regulations.

What if I'm planning a house with a garden?

If your project involves a garden adjoining a house, check local regulations. In some cases, you can build without a permit if the work has been carried out beforehand and complies with the rules.

Author : CORNIL Olivier

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