Faster decision making on complex projects

On the 1st of March 2015 the decree of 25 April 2014 on complex projects in the construction industry entered into force.

The decree introduces a facultative and accelerated procedure that aims to allow the realisation of major infrastructure projects within a an acceptable time frame and with a maximum acceptance.

This decree is part of global revision of the system for granting permits to entrepreneurs from the Flemish part of the country; revision that also concerns environmental permits.

Instead of first implementing a regional plan of action (RPA) before submitting a permit application, the promotor of a complex project could opt for an integrated procedure.

This procedure will lead to a decision regarding the preference and a decision regarding the project, that will be in the same time a RPA, an urban building permit, an environmental permit, a permit regarding the unnavigable waterways, etc…

The new process approach contains four phases (the exploration phase, the examination phase, the development phase and the implementation phase), that are differentiated by three fixed decisional moments (the start-up decision, the Decree on the preference and the Decree on the project). In order to properly prepare the Decrees on the preference and on the project, a public inquiry is required.

Chronologically, the procedure is as follows: 

• the exploration phase,
• the start-up decision,
• the examination phase (including a public research of the draft Decree on preference),
• the Decree on the preference,
• the development phase (including a public research on the draft Decree on the project),
• the Decree on the project
• the implementation phase.

The new process approach allows to project leaders and collaborators to develop a quality and efficient approach while respecting the budget constraints which leads to time saving and to a larger social acceptance.

The Flemish Government makes available on his website www.complexeprojecten.be a route planner to guide every stakeholder through the new procedure providing them meanwhile with valuable tips and information.

However, it is not a ready-made procedure ; this process approach of complex projects requires a customized work. Although the route planner offers a fixed framework, the concrete application remains flexible.

For further information regarding the complex projects please contact  Mr. Alain De Jonge, Real Estate Lawyer, 
T. +32 2 747 40 02