Antoine HORENBEEK
Contents
What types of work are subject to the declaration requirement?
What recourse does the buyer have in the event of undeclared work?
How to regularize a planning violation after purchase?
What are the penalties for the seller in the event of non-disclosure of work?
How to avoid disputes when buying or selling a property?
Buying a house is a big project. But sometimes, work not declared by the seller can cause problems. Such work often gives rise to urban planning violations.
This can have an impact on the value and conformity of the property.
The seller must be transparent about the property's urban planning status. This is a legal obligation. This transparency is crucial to avoid disputes. In Brussels, Wallonia and Flanders, the rules may vary.
What should you do if you discover undeclared work? Find out about your rights and solutions here.
Any work that increases the living area or modifies the external appearance of the property requires a declaration. Installing windows under the roof to convert an attic, or transforming a garage of over 5m² into a living room, all require a declaration.
Installing a French window or modifying a garage door may also require a declaration.
Extensions between 5m² and 20m² (or 40m² in PLU zones) must also be declared, as must uncovered swimming pools between 10 and 100m².
Certain works affecting the structure or use of a property require planning permission. This includes changes of use and structural modifications. In Flanders, obligations for sellers are reinforced by a permit register.
Wallonia proposes an amnesty for offenses dating from before 1998. Brussels imposes strict controls on authorizations.
A declaration is often required as soon as the volume or use changes.
On a similar subject, we invite you to discover the consequences of the sale of a property in breach of town-planning regulations.
The buyer can contest the situation and ask for solutions. There are legal steps you can take to protect your rights.
Cancellation of the sale or price reduction
A lack of information about undeclared work constitutes a hidden defect. The new buyer can request annulment of the sale on the grounds of fraud or substantial error. This option is available if the illegal work has a significant impact on the value of the property or its compliance with town planning regulations.
For example, failure to obtain planning permission for additional floor space can result in significant depreciation.
A price reduction can also be negotiated. This reduction is used to cover the costs of rectifying the situation or restoring the property. If administrative fines or compliance obligations are imposed, they directly affect the sale price.
If no agreement is reached between buyer and seller, a court of law may intervene.
Antoine HORENBEEK
If the undeclared work causes damage to the buyer, he or she can take legal action. The aim is to obtain compensation or penalize the seller.
Procedures vary from region to region. In Flanders, the seller must declare any infringement of planning permission in the advertisement. This rule is strict and protects the buyer.
In Wallonia, undeclared offences dating back more than 10 years can be regularized simply by applying for a regularization permit. In Brussels, a buyer can request an urban planning guarantee clause in the sales agreement to avoid unpleasant surprises.
Processing times also differ. In general, processing times for planning applications in Wallonia vary from 30 to 130 days, depending on the complexity of the project and the specific procedures required.. In Brussels, processing times can be as long as 160 days for certain types of application.
This period sometimes includes the obligation to work with an architect to regularize work carried out without prior authorization.
Protected areas also apply stricter standards, often affecting the time and cost required to obtain final regulation. From a legal point of view, consulting local planning authorities guarantees an efficient administrative process.
Identify the offence and consult an expert to find appropriate solutions.
Consult the local planning department to check the conformity of the work carried out. Compare cadastral documents, planning permission and plans provided by the previous owner.
Use Google Maps or old photos to assess undeclared constructions. The absence of a prior declaration of works or planning permission can lead to irregularity.
An infringement affects the value of the property and complicates access to financing. Certain irregularities dating back more than 10 years are statute-barred, but cannot be legally rectified.
This may reduce the possibility of selling or increasing the asking price. The notary must be informed to avoid future disputes over a well-drafted contract.
A regularization file often requires the services of an architect. The architect checks that the work complies with current town-planning regulations. Costs include the architect's fees, administrative costs and, in some cases, a fine.
This process can take from a few months to over a year, depending on the complexity of the project. A specialized company can carry out complete diagnostics to carry out regularization work.
Ubex helps property owners to regularize their town-planning infringements. Our expertise simplifies the process and optimizes the chances of acceptance. We assess the situation, negotiate with the authorities and propose alternatives in the event of refusal.
It's an ideal solution for obtaining a regularization permit quickly and efficiently. Regulations can be modified, and this new approach provides a structured response to existing problems.
In Belgium, each region has its own rules for regularization applications. In Brussels, the process is strict. A refusal can result in a heavy tax fine.
Wallonia offers a more flexible approach. It often accepts the regularization of old, non-compliant work. In Flanders, the permit register plays a key role. Certain types of work benefit from specific limitation periods.
The seller risks legal sanctions if he fails to declare the work. This can have serious consequences for the sale and its obligations.
An infringement of town-planning regulations can result in a fine of between €250 and €100,000. The amount depends on the seriousness of the undeclared work. A formal notice can be issued by the commune or a delegated official.
The seller may also be required to restore the property to its original condition. Signs can also be installed to indicate any alterations caused by the new work.
In the case of illegal work, demolition may be required. A ban on activity in the building concerned may be applied. The premises may also be sealed.
This is a measure to ensure compliance with public planning regulations.
The seller risks criminal prosecution in the event of non-disclosure of work requiring authorization. This offence can result in a fine, or even imprisonment in serious cases.
For example, renovations without planning permission can be considered a continuing offence.
The court may also order that the property be restored to its original condition. If the property sold is in breach of the law, the buyer may be held liable. This is true even if the infringement dates from before the purchase.
In Belgium, the rules vary from region to region. In Brussels, fines can be very high. The Public Prosecutor's Office can also intervene in cases of serious routine offences. In Wallonia, transactions are possible to regularize a planning infraction.
This helps to find a quick solution. In Flanders, penalties depend on the value added to the property by the undeclared work. Administrative costs and architect's fees also vary from region to region.
Limitation periods also differ. An offence that has gone unreported for more than 10 years may become time-barred. These differences make it essential to consult local planning departments before taking any administrative steps.
Anticipate problems before you sign. Make sure everything is clear and compliant.
Request a planning information extract from the local authority
Consult the town planning department to confirm that any undeclared work does not modify the original footprint or construction.
Check that any demolition permits or building permits have been complied with. Informing the notary will help secure your property purchase.
Call on an expert in urban planning or a real estate agent.
Document any infringements in the deed of sale with the notary, and make sure the contract is complete and carefully drafted to avoid any future criminal liability.
Include an urban planning compliance clause in the compromis. This obliges the seller to guarantee that all work carried out complies with current regulations. Include information on any undeclared landscaping or garden sheds.
This precaution protects the buyer against unforeseen costs associated with urban planning regularization. Include a suspensive clause making the sale conditional on obtaining a permit.
If non-conforming work is discovered, this clause allows you to cancel the purchase or negotiate a price reduction.
Informing the notary allows these points to be formalized in the deed of sale, thereby strengthening the contract and securing the transaction.
In Belgium, the rules differ from region to region. In Brussels, you need to check the town-planning status before buying a property. This step is essential to avoid infringements.
In Wallonia, it is possible to negotiate a regularization before signing the preliminary sales agreement. This may include a request to the town planning department to regularize the work.
In Flanders, sellers must guarantee total transparency right from the real estate ad. They must provide a complete file with all the necessary documents. Failure to do so may result in severe penalties.
The statute of limitations applies after 10 years for undeclared work, except in protected areas where special rules apply.
Always check permits before buying. Ask the seller to bring any suspicious work into line. In the event of a problem, quickly initiate a regularization procedure.
Add this checkpoint to your checklist to make sure you carry out thorough checks.
Adapt to local rules to avoid fines. Protect yourself by negotiating and remaining vigilant. Make sure that the end of the work has been validated by the relevant department, so as to secure your situation.
Check that the work complies with the land registry and request a certificate of completion. Contact a professional to assess the risks involved.
Yes, the seller must inform the buyer of any work carried out, especially in a protected area or one that is visible from the public highway.
Risks include complex administrative procedures, fines in euros, or even the obligation to change or renovate non-compliant work.
You can ask for evidence such as photos, technical documents or contact the land registry to check the location of the property.
Yes, it is possible to regularize the situation by submitting a DAACT (Déclaration Attestant l'Achèvement et la Conformité des Travaux) or by applying for a permit, depending on the situation.
The deadline depends on the type of work and its completion. In general, it is advisable to consult a notary or a professional for a precise answer.
To find out more :
Bequeathing real estate: everything you need to know
This content is for information purposes only and does not replace a professional consultation.
Source: Town Planning Department, Town Planning Code.
Author : CORNIL Olivier
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