Procedure and timing for environmental permit

This subject matter may seem boring and monotonous, but this overview ensures that you can make an accurate assessment of what to expect when you need an environmental permit. Take advantage of it.

The permit requirement

The environmental permit includes the former building permit, environmental permit, subdivision permit... Whether you want to put up a canopy or erect a completely new building, the regulations of the environmental permit apply in both cases. The size of the project makes no difference here. After all, the regulations say the following: 

"No one is allowed without prior planning permission for urban development operations.

- raise or place a structure;
- bringing materials together functionally creating a structure;
- Demolish, rebuild, remodel or expand a structure;
- ..." 

Of course, exceptions to this are possible. Very small-scale projects, such as the construction of a driveway, may be exempt. So always inform yourself about this. Is there no known exemption? Then you need an environmental permit.  

The different steps

The environmental permit application procedure has several steps. The first and most important step is the preparation of the application. During the preparation you inform yourself about what is subject to a permit, draw up plans with or without an architect, and provide a justification for your application. 

You then proceed to submit your file and begin an initial 30-day period during which your application must be declared complete and admissible. During that period, they have time to verify that your application is complete. Have you forgotten something? Or do they want additional information? Then the procedure will be stopped or additional information will be requested. Once the new information is provided, they have another 30 days to check it.  

As soon as your file is declared complete, the substantive assessment of the file begins. For simple dossiers this takes a maximum of 60 days, for other dossiers a maximum of 105 or 120 days. Within this period, you must receive a decision on your application. Very often these maximum deadlines are used up, given the large influx of permit applications.  

A public inquiry may be organized during the period of substantive review of your case. During the public inquiry, you must post a yellow notice sheet for thirty days. During that period, local residents can view the application and communicate any objections. An objection does not automatically mean refusal of your file, but it does require extra attention!  

Also during this period, advice is sought from external bodies. The most common advisory bodies are the Department of Agriculture and Fisheries, the Watercourses Department, an intermunicipal heritage agency, and the Agency for Nature and Forests. In addition, companies such as Telenet and Fluvius can also be asked for advice.  

If problems arise during the substantive assessment, such as an error, an objection or a negative advice, the plans of the application can still be adjusted if necessary. This is done using an amendment request. This allows you to adjust or correct some things about the application. With an amendment request, you do have the right to extend the decision period by 60 days. Also, if a procedural error was made, the application can be extended by 60 days through an administrative loop.  

Finally, a decision on your application must be made by the deadline. This will be reviewed by the College of Mayor and Aldermen of your municipality or by the deputation of your province. They decide on your file based on your documents, any objections and opinions. They will also receive a final recommendation from the chief official of the Environment Department with the proposal to grant or refuse a permit. 

The decision

Was a decision made on your application? Then you must hang up that decision for another 30 days in a clearly visible place along the public highway. The obligation to hang out the decision applies to a permit, but usually also to a refusal. During this period, interested parties have the opportunity to appeal. They have 35 days to do so, i.e. 5 days longer than the leaf must hang out. If no appeal is filed, you may start implementing your permit.  

Consequently, for a simple application, the procedure takes about 30+60+35 days, excluding the preparation time, being about four months. 

For the remaining projects, the application takes about 30 +105+ 35 days, excluding the preparation time, being about five months.  

In either case, the procedure can also be extended for another 60 days by a change request or an administrative loop. 

Desire guidance on your environmental permit application? Contact a DLV advisor at info@dlv.be or by calling the toll-free number 0800 90 910.