Changes to Flemish environmental law - Update

1.  The Collective Decree on Environment

The Collective Decree on Environment was published in the Belgian Official Gazette on 10 July  2024, and largely entered into force on 20 July 2024, subject to a number of specifically defined exceptions. 

Transitional measures were provided for a number of amendments. 

For example, the provisions on planning compensation only apply to all spatial implementation plans for which the starting note is approved after July 20, 2024. 

The adjusted regulation on the finishing rule (which is now only possible in residential reserve areas) only applies to applications submitted after July 20, 2024. 

Specific transitional arrangements are also provided regarding the adjustment of the system of exempt and notifiable acts and the possibility of introducing local permit requirements.

2. The Exemption Decree

The amendments to the Exemption Decree, were published in the Belgian Official Gazette on 14 August 2024, and came into force on 24 August 2024, with one exception. The provisions modifying exempted acts on public property and along water courses will not enter into force until 1 January 2025. 

This way, authorities planning such acts can take this into account when preparing their files. A transitional arrangement is also provided for these acts. No transitional arrangement is provided for the other modifications, which means that new exemptions are immediately applicable as soon as the decree enters into force.

If you would like more information on this subject, please do not hesitate to contact our specialists at info@be.Andersen.com or +32 (0)2 747 40 07.