infraction et régularisation urbanistique

Do I need planning permission for a garden greenhouse?

Antoine HORENBEEK

Do you want to install a garden greenhouse, but are wondering whether a permit is required? In Belgium, the rules depend on the size and height of the greenhouse. This article explains the regulations in your region and how to avoid problems.


Brussels regulations


In Brussels, a garden greenhouse of less than 6 m² and a maximum height of 2.5 m requires no authorization.


It must be placed at least 2 metres from the property boundary.


Installation must be in the side or rear of the house.


If the greenhouse exceeds 6 m² or is too close to property boundaries, planning permission is required. Depending on the commune, a prior declaration may also be required.


It is advisable to check with the local planning department before starting any project.


Regulations in the Walloon Region


In the Walloon Region, a garden greenhouse can be installed without a permit if certain conditions are met.


Its surface area must be less than or equal to 20 m². The height under the cornice must not exceed 2.5 m.


It must be located at the rear of the property and at least 1 m from neighbouring boundaries.


If these criteria are not met, planning permission is required.


For example, a large greenhouse with a height of over 3 m or a surface area of over 10 m² will need to be registered with the local authority.


Compliance with these rules avoids penalties, such as fines of up to 25 euros/m³.


Antoine HORENBEEK

Regulations in the Flemish Region


In the Flemish Region, no authorization is required for a garden greenhouse up to 40 m². Height must not exceed 3.5 m. The structure must be at least 1 m from the neighbor's boundary.


These rules apply if the greenhouse is not used as living space.


If the greenhouse exceeds these dimensions, planning permission is required. The authorities may require a detailed application file. Check with your local authorities to avoid any infringements.


Risks of non-compliance


Ignoring the rules can result in heavy fines. There's also the risk of having to dismantle your greenhouse.


Planning violations: what are the consequences?


Urban planning violations can result in heavy fines. In Wallonia, these range from 15 to 25 euros per m³, depending on the volume involved. Compliance is often mandatory.


This may involve regularizing the construction or dismantling the installed greenhouse.


Refusal to regularize may force demolition. Such a situation also complicates the sale of the property, as the buyer will require prior regularization. Future steps, such as applying for a permit for a new building or extension, can also become more complex.


Urban planning regularization: how to proceed?


A greenhouse installed without authorization can pose a problem, but it is possible to regularize the situation by following a number of steps.


  • Contact the local authority to apply for planning permission.
  • Assemble a complete file with :
    • Detailed plans of the greenhouse,
    • Recent photos,
    • Required forms,
    • And, if necessary, the assistance of an approved architect for greenhouses exceeding certain sizes. Pay the application fee set by the local authority and, if applicable, a fine related to the original offence.
  • Check that the greenhouse complies with current regulations: correct siting, conformity with the sector plan, and acceptable visual impact.
  • Wait for the local authority's decision, which will analyze these elements and decide whether or not to approve your application. If your application is rejected, you will have to dismantle the greenhouse at your own expense.
  • Before starting any future project, carefully consult the list of works without planning permission to avoid any infringements.


Calling on experts like Ubex can simplify the process and limit the risk of failure when filing a planning application.


FAQ


Do I need planning permission to install a greenhouse?


This depends on the size and footprint of your greenhouse. If the floor area is less than 5 m², you don't need a permit. For greenhouses between 5 and 20 m², you'll need to submit a preliminary building declaration.


What materials can be used to build a greenhouse?


You can choose materials such as glass, aluminum or plastic for the walls. Agricultural tunnels often use lightweight structures adapted to the crop.


Is there a tax for a garden greenhouse?


Small greenhouses, with a footprint of less than 5 m², are generally not taxable. However, check with your local utility to find out the precise rules.

Can I install a greenhouse near a house or historic monument?


In a protected area or near a historic monument, specific rules apply. You may need to apply for a permit, or consult local regulations on your city's website.


Where to place your greenhouse to make the most of the sun?


Choose a spot with good exposure to the sun, away from public thoroughfares and sheltered from the wind. Good orientation improves conditions for growing vegetables and vegetable plants.


On a similar subject, we invite you to read our article on planning permission for garden sheds.


Author : CORNIL Olivier

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