Planning information and planning breaches when selling

What the seller must provide

Notaire.be and be.brussels list planning information among the documents the seller hands over to the buyer, together with the title deed, the EPB certificate (PEB), the electrical inspection and the soil certificate. In Wallonia, the model sale agreement states that “the seller has the obligation to inform the buyer, on their own initiative, of the planning situation of the property”.

The seller declares what they know: the zone in the sector plan (plan de secteur, Wallonia) or in the PRAS (the Brussels regional land-use plan), the permits and certificates obtained, and whether the property lies within a special perimeter. They make no commitment about your project: the buyer is “solely responsible for any property project and for the authorisations to be obtained, without recourse against the seller” (Walloon and Brussels models).

What the notary asks the commune

The notary, or the estate agency in Brussels, sends a request for planning information to the commune. In Brussels, urban.brussels explains that the request is going digital: notaries can submit it through their iBOT tool, linked to the IRISbox and NOVA platforms. The Brussels model covers the case where the commune has not replied within 30 days: the parties can then decide to sign without waiting.

In Wallonia, the model sale agreement distinguishes two cases: the seller makes their declaration based on a consultation of the Géoportail (the Walloon geographic portal), or based on a letter from the commune. A buyer who wants to know more can also apply themselves to the commune for a planning certificate no. 1 (CU1): it gives general information about the plot and its constraints, and the commune must issue it within 30 days of receiving the application. The CU2 concerns a specific project (30 to 115 days, valid for 2 years).

Signing before the commune replies?

It is possible, but plan a way out. In the Walloon model, the buyer agrees to sign without waiting for the information. If it reveals breaches or constraints that reduce the value of the property or restrict its use, the buyer can cancel the sale: the sale agreement and the amicable cancellation agreement are then registered (€10 each), the deposit is returned and the cancellation costs are borne by the seller.

In Brussels, the buyer reserves the right to ask for cancellation if the information contradicts the PRAS zone, the lawful use, the absence of breaches or the number of housing units announced. Here too, the sale agreement and the cancellation agreement must be registered (€10 each) and the deposit is returned. The cancellation costs are shared as provided in the sale agreement. See also the guide on the sale agreement.

The seller’s statements about works

In both Regions, the model provides that the seller:

• guarantees that the works they carried out themselves comply with planning rules and permits;
• declares that they are not aware of any breach committed by others;
• declares that no official report of a breach has been drawn up;
• confirms that the current use (house, flat, building land) is lawful and undisputed.

In Wallonia, the seller must also list the works that should have had a permit and did not. A seller does not guarantee what they do not know: it is up to you to compare what the commune describes with what you see.

Planning breaches in Wallonia

According to the SPW Territoire presentation of February 2024 (the Walloon public service for spatial planning), the reform of the CoDT (the Walloon Territorial Development Code) that came into force on 1 April 2024 changed the rules:

• a minor breach is presumed compliant 10 years after completion of the works, an ordinary breach 20 years after;
• this presumption does not apply to certain major breaches, for example works not consistent with the sector plan zone, the creation of dwellings after 20 August 1994, or works on a listed property;
• a prior warning is now compulsory for every breach;
• to regularise, you submit an application for a regularisation permit. If the works can be regularised, a settlement fine (amende transactionnelle) is set. The permit only takes effect on payment, within 6 months (up to 18 months if payment is spread). Without payment, the permit lapses.

This presentation dates from 2024: the text of the CoDT may have changed. Have the notary and the commune confirm the regime that applies to your property.

In Brussels and Flanders

In Brussels, the Brussels model requires checking the PRAS, the use and the absence of breaches. For the rules on regularisation, ask the commune or the notary. In Flanders, the rules and documents differ (planning information: stedenbouwkundige inlichtingen): the notary handling the sale gives you the applicable version.

What to do in practice

• Ask as soon as you make an offer whether the planning information has been requested.
• Compare the property you visited with the official description: number of dwellings, extensions, conservatory, converted attic.
• Ask for the permits for visible works.
• Provide in the sale agreement for a clause that lets you withdraw if the commune’s reply contradicts what you were told.
• Do not trust the listing alone: “building land” or a “two-bedroom flat” must appear in the documents.

Which professional to consult

The notary coordinates the request and checks the compliance of the file. An architect or a surveyor (géomètre-expert) can compare the property with the plans (see surveyor). For a plan to buy land, see also buying building land.