THE PLANNING PERMIT

Nature of the right conferred by the planning permit

The planning permit confers on the person who obtains it the right to execute, during its period of validity (which, unless extended, is fixed at two years), the work for which it has been requested.
Certain permits allow the execution of authorized work only for a limited period which, in this case, is fixed in the decision granting the permit (request for the placement of an advertising device or a satellite dish for example) .

Conditions that the permit application must meet

When it comes to construction or renovation of a building, the subsequent development of its external appearance or to change its destination, the permit request must be accompanied by a plan drawn up by an architect, describing the work to be carried out.
Certain so-called "minor work" is however exempted either from planning permission, or from the opinion of the municipal official or the consultative commission, or from the intervention of an architect. It is COBAT which determines these cases of exemption.
The acts and works exempted from planning permission must nevertheless comply with the prescriptions either of a land use plan, or of a subdivision permit, or of a planning regulation of the municipality or region .
Specific or more stringent rules are also provided for protected heritage.

Who can apply for planning permission and what is the procedure for applying?

Anyone can make such a request.
The applicant does not necessarily have to be the owner of the asset or land concerned, but must be able to implement the permit issued.
If he is not the owner, the applicant must attach to his permit application a document attesting that he has warned the owner of his intention to submit a permit application on his property.
The application procedure can be divided into 4 stages:

1. The filing of the file.

2. Verification of the file, which gives rise, within thirty days of receipt of the request, to the issue by the competent authority, either of an acknowledgment of receipt if the file is complete, or of an acknowledgment of receipt incomplete if the file is incomplete, which acknowledgment of receipt lists the missing documents in this case.

3. Execution of the various investigative measures (public inquiry, consultation committee, consultation of the various advisory bodies, opinion of the delegated official).

4. The final decision, namely the granting or refusal of the requested permit.

The deadline set for the competent authority to issue the permit or refuse to grant it is fixed by COBAT and is calculated from the date of the complete acknowledgment of receipt.

Who issues the planning permit?

The authority responsible for issuing the planning permit depends on the nature of the work to be carried out, either the municipality represented by its college of burgomasters and aldermen, or the region.

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