Investing in Wallonia | Setting up a business| Permits and regulations

Building formalities - Permits

1. Planning permits
2. Environmental permits  (including the "Permis unique" or single permit)
3. Law relating to the setting up of commercial outlets
4. Lease, emphyteusis and surface area

planning permits

A planning permit refers to the administrative permission required to carry out certain construction, demolition and conversion works, or when changing the use of a building or when clearing forest areas.

Who does this concern?

1. Any individual or legal entity intending to carry out certain work
2. This work is detailed in Article 84 of the C.W.A.T.U.P.
   (Wallonia code for regional planning, town planning and heritage).

The following are some examples, most of which are undertaken with the objective of:

• building, rebuilding or adding a fixed installation (a building, wind turbine, etc.),
• significantly reshaping the landform (if converting grassland into a bicycle moto-cross etc.),
• converting an existing structure by carrying out internal or external work that affects the supporting structures of the building, implying a change to its enclosed space or architectural aspect (removing a supporting wall, adding a door to a gable, removing a roof etc.),
• planting or clearing forestry areas, modifying the existing vegetation, felling certain trees (note however that sylviculture in a forestry area does not require a permit)
• storing certain items (for example: the storage of automobile carcasses).
• certain works not listed in Article 84 of the C.W.A.T.U.P which are subject to urban planning by municipal ruling.

Note:
Some specific actions and works of minimum importance do not require a permit or are subject to a preliminary town planning declaration (déclaration urbanistique préalable) in accordance with a list defined by the Wallonia government.

Click here for a list of exempted work
In the case of a combined project (a project that requires an environmental permit and an urban planning permit), applicants must follow the procedure for single permits (permis unique).

environmental permits

These refer to the system of preliminary administrative permission which must be in place before starting up a wide range of business activities or facilities.

Who does this concern?

Any individual who carries out a business activity or runs a facility that is included on the detailed list of activities and facilities.

Note on the above link:

This list was drawn up by the Wallonia government on July 4, 2002 however it has since been amended a number of times. You can view these changes in the Moniteur Belge (Belgian version of the Official Journal) (www.moniteur.be).
If a class 1 or class 2 project requires both an environmental permit and an urban planning permit, applicants must follow the procedure for single permits.
Note: Single permit applications must be dealt with by the Civil servant delegate (Fonctionnaire Délégué) and the Technical civil servant (Fonctionnaire Technique).
The two procedures are not coordinated for class 3 buildings.
In this case, the applicant is required to:
- make the relevant declaration
- obtain the relevant urban planning permit

Single permit (permis unique)

A single permit is a permit that combines an urban planning permit with an environmental permit. If both an urban planning permit and an environmental permit are required at the same time, the applicant should always request a single permit.
When applying for a single permit, applicants should complete the general environmental permit request form and attach specific documents and additional information relating to the urban planning section.

Classification of buildings

Facilities and activities are classified under headings and divided into three classes (class 1, class 2 and class 3) according to the following criteria:
- The decreasing importance of their impact on man and the environment,
- The extent to which they can be made subject to general, sectoral or integral conditions.

Class three groups together facilities and activities that have minimum impact on man and the environment and for which the Wallonia Government have set down integral conditions. A straightforward declaration is sufficient in this case.

Law relating to the setting up of commercial outlets

Regulates the setting up of retail outlets of a certain surface area.

Leases, Emphyteusis and surface area

Any individual carrying out a professional activity on premises that he or she does not own can do so by having recourse to various legal mechanisms.

What does this involve?

Any individual carrying out a professional activity on premises that he or she does not own can do so by having recourse to various legal mechanisms:

1. Leases
2. Emphyteusis
3. Surface area