Soil Decree Updated: Pragmatism Gains Ground

1. Background

The impetus for these amendments lies in concrete implementation issues within the existing soil policy framework. In practice, it has become clear that the guideline values for soil quality, within the context of soil remediation policy, may in some cases be lower than the actual background concentrations present in the soil, notably for substances such as PFAS.

In certain instances, this may result in soil contamination no longer being capable of clear delineation, thereby rendering remediation obligations practically unfeasible. Furthermore, the reuse of soil materials may also be hindered, with significant economic and ecological consequences.

Through the amending decree of 27 February 2026, the legislator seeks to provide a response to these challenges.

2. Increased Flexibility of Soil Quality Guideline Values

A first amendment concerns the determination of soil quality guideline values. The Flemish Government may now explicitly take into account the feasibility of such values. More specifically, where it is not feasible on scientific-technical or socio-economic grounds, guideline values may be established that approach the intended quality level “as far as reasonably achievable.” This reflects the application of the ALARA principle (“as low as reasonably achievable”) within soil policy.

This aims to prevent the imposition of standards that are difficult or even impossible to attain in practice. The preparatory works, however, clarify that this increased flexibility does not constitute a carte blanche. The question arises as to how feasibility is to be assessed. The legislator is clear in this regard: guideline values must continue to be primarily based on the concept of multifunctional soil quality and require enhanced justification. Moreover, new guideline values are inherently evolutionary in nature, implying an obligation on the Flemish Government to keep them updated.

3. Approach in the Absence of Soil Remediation Standards

The amending decree now clarifies how to address contaminating substances for which no specific soil remediation standards exist. In such cases, explicit reference is made to the remediation criterion set out in Article 19 of the Soil Decree. While this principle was already implicitly applicable, it is now expressly enshrined in the decree in order to ensure legal certainty.

4. Further Rules on the Use of Soil Materials

The rules governing the use of soil materials are also further refined. The Flemish Government is granted the authority to establish additional conditions and values, and the decree confirms that the values for unrestricted use are aligned with the soil quality guideline values. In this way, the legislator aims to enhance coherence within soil policy and to support the sustainable and circular use of excavated soil.

5. Strengthening of OVAM’s Role in Data Collection

Finally, OVAM is granted the authority to take soil samples on its own initiative for the purpose of establishing guideline values. This is intended to contribute to a stronger evidentiary basis for policy decisions and to promote a more data-driven approach to soil quality.

Conclusion

In general, it can be concluded that, through this reform, the legislator seeks to strike a balance between environmental protection and practical enforceability. By explicitly embedding the ALARA principle and simultaneously providing additional instruments and clarifications, a framework is created that better aligns with on-the-ground realities. The effectiveness of these amendments will largely depend on their concrete application and justification in practice; nonetheless, they undoubtedly constitute a clear step towards a more flexible and pragmatic soil policy.

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Do not hesitate to contact the Real Estate team of Andersen in Belgium for further information and assistance regarding the Soil Decree and its practical application.
Matias Osorio Olivera (Counsel)