A new Flemish planning regulation on rainwater is coming

Need for a new regulation

The current regional planning regulation on water use dates from 2013 and is widely used as a benchmark in delivering building permits.

With the effects of climate change becoming more present and tangible, the current regulation has proved to be insufficient. It is not attuned to longer periods of drought and excessive rainfall nor does it take into account the high degree of paved and impervious areas in Flanders. In addition, more efforts should be made to retain and reuse rainwater.

Therefore, on 15 July 2022, the Government of Flanders approved the new draft planning regulation on rainwater at the Council of Ministers, which was called to tackle these challenges. The basic premise of the new regulation is that every drop counts. This means that, wherever possible, every drop of rainwater must be collected and reused.

Opinion with the recommendations of the councils  

The Social and Economic Council of Flanders and the Environmental and Nature Council formulated a positive opinion on the draft. The advisory councils encourage the Government’s proactive approach and are explicitly positive in regard to (i) extending the scope of the regulation to public property, (ii) providing a legal basis for collective solutions and (iii) introducing an obligation to reuse as much uncontaminated rainwater as possible.

The opinion, however, advises caution in terms of the possible leeway for interpretation of the regulation. It suggests that a ‘technical background document’ may be useful. This technical document could be updated on a regular basis and would avoid having to amend the regulation as such.

The advisory councils furthermore stress the need for adequate enforcement of the draft regulation. For example, awareness can be created by more consistently rejecting environmental permits when water information is missing or by providing restorative measures for those not (re)using rainwater in their day-to-day use.

In regard to the adaptability of the regulation to changing circumstances, the advisory councils propose to insert a review clause. This would allow certain provisions of the regulation to be adapted later in accordance with the effects of climate change and in order to further stimulate collective solutions. According to the councils, collective solutions can be stimulated by embedding these solutions in the planning process, by creating awareness of them and by using and exchanging rainwater currents.

Finally, the advisory councils have formulated the following recommendations:

1. Ensure that the scope includes all cases where additional pavement or roof area is connected to the stormwater drain;

2. Provide those engaged in permit-exempt activities the possibility to deviate from the regulation.

3. Bear in mind the vulnerable families who cannot afford the necessary investments required to comply with the regulation.

Both advisory councils are supportive of the draft. The recommendations serve to improve the uniform application, adequate enforcement, evaluation and adjustment of the draft regulation in function of the effects of climate change.