Navigating Brussels Reforms – A closer look at housing legislation updates
23 May 2024
In response to the evolving urban and housing landscape, the Brussels Government has recently approved substantial reforms in the urban planning of the Brussels-Capital Region. These reforms, which encompass the Brussels Code on Urban Planning (CoBAT) and social housing initiatives, address the practical aspects of urban development and housing shortages.
This newsflash will briefly describe the proposed reforms within the CoBAT framework and the proposed social housing policy measures to be adopted before the end of the legislative session
A. CoBAT reform
One notable change is the introduction of a simplified permitting process for heat pumps and photovoltaic (PV) solar panels. Streamlining approval procedures should facilitate the adoption of sustainable energy solutions.
In terms of urban infringements, the reform focuses on improving complaint follow-ups and increasing fines for violations. New types of infringements, such as the absence of an architect overseeing a building site, have also been incorporated into the updated code to reinforce construction best practices.
Furthermore, the reform introduces an additional criterion for assessing permit demands—the ‘agent of change’ criterion. This criterion will apply to new constructions which are in close proximity to establishments that generate noise nuisance, for example nightclubs or restaurants. The aim is to balance urban development with the need to preserve the existing character of neighbourhoods.
Most importantly, these reforms aim to fill existing gaps while awaiting a more comprehensive overhaul of the CoBAT in the upcoming legislative session. These interim measures aim to streamline and strengthen the current urban planning framework.
B. Social housing in the Brussels-Capital Region
In a significant move to address the pressing issue of housing shortages, the Brussel government has also agreed on the reform of social housing in the Brussels-Capital Region.
The focal point of this agreement is a groundbreaking provision which stipulates that in all residential projects which exceed 3,500m², 25% of the space must be allocated for social purposes. This means that any property developer who embarks on a project of this scale will be required to reserve a quarter of the space for public buyers. This should contribute to the urgent need for affordable housing.
More than 50,000 households are currently on waiting lists for housing. The provision will be complemented by another significant change which involves an increase in the ‘planning permission charges’ (in French: charges d’urbanisme/in Dutch: stedenbouwkundige lasten). These charges, which haven’t been indexed since their introduction in 2013, should now be leveraged as a tool for social interest.
Under the proposed changes, planning charges will be redirected towards social housing initiatives in municipalities where less than 15% of the housing stock is designated as social, and where the average income exceeds the regional average. This strategic move to redirect charges is aimed at targeting the areas most in need of affordable housing solutions.
However, the reform has not been without its critics. Several industrial associations, including UPSI and BECI, have voiced their concerns. They fear that these changes may exacerbate existing challenges and argue that the additional financial burden on property developers, coupled with increased charges, will lead to a reduction in housing supply and a subsequent rise in prices. This, they contend, runs counter to the overarching goal of making housing more accessible and affordable for the general populace.
It is important to note that the reform still needs to be finalised in a legislative ordinance and subsequently pass through the scrutiny of the Council of State. With the end of the legislative session fast approaching, there remains a degree of uncertainty as to whether this reform will ultimately be implemented.
Stay tuned for more updates on this evolving story.
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