Putting up a fence or a dividing wall in Brussels is subject to specific rules. Depending on the type, location and height, you may or may not need a permit.
Fences exempt from planning permission
Under the Order of 13 November 2008 (works exempt from a permit), fences and fixtures in the courtyard and garden area are exempt from planning permission if:
- In the front setback area: total height ≤ 1 m
- In the courtyard and garden area: height ≤ 1.5 m on the party boundary; set back from the boundary, up to 3 m maximum below the 45° plane
- The ground level is not changed by more than 50 cm
When is a permit required?
A permit is required for:
- Fences that exceed the heights allowed by the exemption
- Dividing walls or fences visible from the public space that do not meet the criteria
- Fences that depart from the RRU (Regional Urban Planning Regulation), the RCU (municipal urban planning regulation) or a PPAS (special land-use plan)
Do you need an architect?
Building a fence or a dividing wall between two properties is exempt from the architect requirement, even if a permit is needed. This is one of the explicit exemptions in the Order of 13 November 2008.
Party walls and dividing walls
Building a wall between two properties is governed both by planning law and by the Civil Code (rules on party walls). A few key points:
- A party wall is jointly owned by both neighbours
- Your neighbour’s agreement may be needed for some types of work
- The height and materials must comply with local planning regulations
Applicable RRU rules
- Front setback area: fences are subject to requirements on height and transparency
- Materials: some RCUs require specific materials (living hedge, wrought iron, etc.)
- Alignment: the fence must not encroach on public land
Practical tips
- Check the exact boundaries of your property (have them surveyed and marked if necessary)
- Check your municipality’s RCU for local requirements
- Let your neighbour know before doing any work on the shared boundary
- If in doubt, ask your municipality’s planning department