From 18 September 2024, the property broker's duty of disclosure has been extended. The real estate agent must also inform buyers whether or not the property is located in a water-sensitive open space area. This is in addition to the real estate agent's duty to inform about the availability of the environmental permit, the most recent urban planning destination, any remedial measures, subdivision permit, etc. Not only when selling a property but also when renting out a property for more than nine years, the fact whether or not the property is located in water-sensitive open space area must be disclosed.

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?
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.
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