In recent years, developing a small or awkwardly shaped plot located in a residential reserve area has often proved difficult because of requirements that are simply not workable for such plots, such as a mix of functions or the clustering of dwellings. From 20 August 2026, the Verzameldecreet Omgeving introduces a number of specific relaxations, with clear surface-area thresholds.

Residential reserve area is an umbrella term for several categories of land that, in addition to ordinary residential areas, may still provide scope for housing, but only following an express decision by the municipality.
The best-known and most common category is the residential expansion area (zone d’extension d’habitat / woonuitbreidingsgebied). Even if you are not familiar with the term residential reserve area, you may therefore already be familiar with residential expansion areas.
Land located in a residential reserve area may only be developed once the municipality has adopted a release decision. This allows the municipality to retain control over which land is developed and when.
As a rule, four requirements must be met when an area is released:
These requirements make sense when developing a larger area, but they can be unworkable for a small residual plot enclosed by plots that have already been developed.
When the rules were introduced in 2023, an initial proposal to fully exempt residual plots from the requirement to obtain a release decision was ultimately not retained. This followed an opinion of the Council of State pointing to a conflict with the case law of the Constitutional Court concerning changes to zoning provisions.
As a result, even very small residual plots had to comply with the same stringent requirements as an entire subdivision.
The Decree adds two situations to Article 5.6.10 of the Flemish Code for Spatial Planning (VCRO) in which no release decision is required:
Where a release decision remains necessary, a new paragraph 3/1 of Article 5.6.11 VCRO introduces two clear surface-area thresholds:
Any derogation must always be duly reasoned, taking into account, among other things, the facilities and residential density in the surrounding area.
In addition, the release must still concern a coherent and spatially distinct part of the residential reserve area. Plots may therefore not be artificially subdivided in order to fall below the applicable thresholds.
Do you own a residual plot or a smaller plot in a residential reserve area that, until now, appeared impossible to develop because of the strict requirements? Or are you planning a subdivision that is partly located in a residential reserve area without intending to build on that part?
If so, it may be worth reassessing your file from 20 August 2026 onwards.
Our Real Estate Team would be happy to advise you on permitting and development matters.
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