L'URBANISME STEDENBOUW TOWN PLANNING - Ruimtelijke ...

pl A n n I n g re g u l At I o n s
Planning regulations (RU)
Planning regulations may be introduced under the CoBAT. These are of
two types:
Regional planning regulations (RRU)
Local planning regulations (RCU)
Planning regulations contain provisions applicable to the planning
characteristics of structures and their surroundings (e.g. size, volume,
aesthetics, solidity of construction). They also establish rules for the
management of public space.
The RRU takes precedence over RCUs, so that it rescinds any provisions
which do not comply with it. Permit applications must respect the
provisions of planning regulations.
Nevertheless, it is possible to obtain certain exemptions authorised by the
offi cial responsible (Regional authority).
n Regional level: the Regional Planning Regulation (RRU)
The current RRU came into force on 3 January 2007. It contains seven
titles:
Title I: Characteristics of constructions and their surroundings
Title II: Standards of fi tness for habitation for housing
Title III: Building sites
Title IV: Accessibility of buildings for persons with reduced mobility
Title V: rescinded*
Title VI: Advertising and signs
Title VII: Roadways, access and surroundings.
Title VIII: Off-road parking regulations
* Title V on the thermal insulation of buildings has been rescinded and
replaced by the Order of 7 June 2007 on the energy performance and
indoor climate of buildings (EPB), which came into force on 2 July 2008.
The RRU can be consulted on the Region’s website:
www.rru.irisnet.be
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n Local level: Local Planning Regulations (RCU)
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pl A n n I n g re g u l At I o n s
Any municipality may adopt its own regulations for all or part of the
municipal area. These RCUs are approved by the Government after a
public consultation and the opinion of the consultation committee.
The RCUs clarify and supplement the aspects governed by the RRU in
relation to local circumstances, or apply to other matters not covered by
the RRU (e.g. satellite dishes, advertising, pavement cafés, etc.) They may
also determine the circumstances under which planning charges may be
imposed when permits are issued, and their level. They do not apply to
land use issues.
n Zonal Planning Regulations
These are Regional or local regulations covering certain zones (e.g. the
UNESCO zone around the Brussels Grand-Place).
They play a part in the conservation or development of a district. They may
be drafted by the Region or by the municipalities.
« The Town Planning Service is also charged with ensuring the proper
application of the RRU, which constitutes administrative policy in planning
matters. As an extension of this, it manages the RCUs, inter alia ensuring
that they are compatible with the RRU. Exemptions to planning regulations
may only be granted by the offi cial responsible. They cannot be taken for
granted; they must be applied for, and be expressly granted by the offi cial
responsible ».
Permits for plot division
- Marie-Jeanne Heyvaert,
offi cial responsible at the Town Planning Service -
The division of a plot entails the creation of one or several plots for the
purpose of the “sale” of at least one of these plots for the construction of
a dwelling.
N.B.: the term “sale” here includes letting for more than nine years and disposal
on a long-term lease or a ground lease.
This is a very specifi c administrative procedure. It is a hybrid measure,
simultaneously authorising and regulating.