How does this affect property agents and owners?

This obligation arises from the decisions of the Flemish Government of 19 July 2024 on the definitive designation of water-sensitive open space areas. Water-sensitive open space areas are undeveloped water-sensitive areas with a hard designation. The Flemish Government decided that it would be better not to develop and reallocate these areas. 

By doing so, the Flemish Government wants to prevent construction in several selected flood-sensitive areas. 

What are the consequences of this decision?

• Within water-sensitive open space areas, water management, nature conservation, forestry, landscape care, agriculture, and recreation are possible functions. Small-scale infrastructure for recreation or in function of open space functions also remains possible. However, the possibilities for construction and paving are severely restricted.
  
• Undeveloped parts of subdivisions that lie within a water-sensitive open space area will lapse due to designation as a water-sensitive open space area and can therefore no longer be built on.
  
• Existing constructions within a water-sensitive open space area can be retained, but these are subject to the zonal basic rights of the Flemish Zoning Code. This Code provides a number of basic rights for such zoned structures, being conditions and (volume) limitations within which zoned structures may be converted, rebuilt, or extended or their function may change. These rules are different from ‘zone-own’ structures.
  
• There are no restrictions on agricultural use within water-sensitive open space areas.
  
• Plots located in these designated water-sensitive open space areas suffer economic depreciation as a result, as the opportunity for development disappears.

Because of these significant changes, all owners of plots within these areas will be informed by letter of the public enquiry about the provisional designation, and later also about the final designation by the Flemish government.

From 18 September 2024, owners of affected areas are eligible for planning compensation. Owners have two years to apply for this compensation. Consequently, it concerns compensation for the depreciation of the value of land that can no longer be developed as before the designation as water-sensitive open space areas. 

When selling such land, the real estate agent should therefore also inform the potential buyers about the inclusion of the land as water-sensitive open space area. 

If you would like more information on this subject, please do not hesitate to contact our specialists at info@be.Andersen.com or +32 (0)2 747 40 07.