infraction et régularisation urbanistique

Do I need a permit to build a pergola in Belgium?

Antoine HORENBEEK

Building a pergola in your garden may seem trivial... but town planning never is. In Belgium, depending on size, structure and region, your pergola may require planning permission, or even the intervention of an architect. Before you go ahead, make sure you're not breaking the law.


When does a pergola require planning permission?


Three main factors determine whether your pergola is subject to authorization:


  • Surface area (especially over 20 m²)
  • Height (generally limited to 3 or 3.5 metres)
  • Location (protected area? property line? visible from the public highway?)


In many cases, a simple planning declaration is enough. But as soon as you exceed certain thresholds or modify the appearance of the building, a permit is often required.


What are the rules for each region?


Wallonia


  • No permit required if the pergola is less than 20 m², max. 3 m high, and more than 2 m from property boundaries.
  • Urban planning declaration possible in most simple cases.


Permits are required in protected areas, near listed monuments or for larger pergolas.


Brussels-Capital


  • The rules are stricter.
  • A detached pergola of less than 20 m² can sometimes be exempted.
  • Any project visible from or modifying a protected façade requires a permit.
  • Classified zones require a full dossier and sometimes the opinion of an architect.


Antoine HORENBEEK

Flanders


  • Up to 40 m², an open pergola can be exempted from permits (if it complies with distances and heights).
  • Height must not exceed 3.5 m.
  • Bioclimatic or demountablepergolas may be exempt, depending on their visual and technical impact.


A permit is required if the pergola is located in a protected area or significantly alters the plot.


What if I build without authorization?


Don't underestimate the consequences of an unregistered pergola. In the event of an infringement of town-planning regulations, you run the risk of heavy penalties: administrative fines can be imposed, sometimes high depending on the seriousness of the irregularity.


But above all, the authorities may demand costly regularization, or even order the complete demolition of the structure.


Finally, a non-compliant pergola can seriously complicate the sale of your property or block a mortgage application, as banks and notaries require an impeccable compliance file.


Can I get a permit exemption?


Here are the conditions generally required to be exempted from licensing:


  • Surface area less than 20 m² (Wallonia/Brussels) or 40 m² (Flanders)
  • Height under 3 to 3.5 m depending on type
  • Non-enclosed structure (open on the sides)
  • Located more than 2 m from property lines
  • Not visible from the public space
  • Outside protected, classified or sensitive areas


Even without a permit, an urban planning declaration may still be required. Always contact your local authority before starting any work.


On a related subject: Planning permission for a swimming pool in Belgium: what are the rules?


FAQ


Do I still need a permit for a pergola?


No. Many small pergolas can be installed without a permit. But there are strict rules, depending on region, surface area, height and location.


What's the difference between a pergola and a veranda?


The veranda is closed, considered a habitable extension. The pergola is open, lighter and generally unheated.


Does a demountable pergola come under the rules?


Yes, in some cases, even a demountable pergola may be subject to a declaration requirement, especially in protected areas.


Do I need an architect?


Yes, if the pergola is large, backs onto a protected building or is located in a listed area.

Author : CORNIL Olivier

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