Not all works require a planning permit in Brussels. The Order of 13 November 2008, known as the “exemptions decree”, gives an exhaustive list of the minor works that are exempt from a permit.
The principle: the exemptions decree of 13 November 2008
The CoBAT (Brussels Spatial Planning Code) provides that certain works can be exempt from planning permission. The key condition: they must not conflict with the planning regulations in force, namely the PPAS (special land-use plan), the RRU (Regional Urban Planning Regulation), the RCU (municipal urban planning regulation) and any subdivision permit.
If the works meet the conditions of the decree but depart from a planning regulation, a planning permit is still required (with a request for a derogation).
Exempt interior works
Interior conversions and alterations are exempt from a permit, provided they do not involve:
- Structural works
- A change in the number or layout of housing units
- A change in the use of the premises
- A change of function that requires a permit
Examples: renovating a room, removing a lightweight partition wall, plumbing, electrical or heating work, replacing floor coverings, fitting internal insulation.
Façades, windows and roofs
Like-for-like window replacement: exempt if the original shapes (arches, divisions, opening and fixed parts), the material, the colour and the profile mouldings are kept.
Change of colour or mural: exempt on any façade except the front façade, provided the building is not within 20 m of a protected heritage site.
External insulation of a pitched roof: exempt if the roofing materials and colours are kept and the work does not reduce the glazed area.
Insulation of a flat roof: the roof may be raised to fit the insulation, including for a non-accessible extensive green roof.
Insulation of a party wall or a façade not visible from the street: exempt if the building is not within 20 m of a protected heritage site.
Gardens, terraces and fences
In the courtyard and garden area, the following are exempt from a permit:
- Paths, terraces, fences and domestic fixtures no higher than 1.5 m at the party boundary (3 m when set back, below the 45° plane)
- A free-standing garden shed, not intended for living in: max 9 m² in area (roof included), max 3 m in height
- An uncovered swimming pool of 20 m² or less, at least 2 m from the party boundaries
- Felling dead or dying trees (outside protected areas)
The RRU requires at least 50% of the courtyard and garden area to remain permeable.
Minor demolitions
Demolishing annexes of less than 100 m² without rebuilding is exempt if:
- The demolition does not involve structural works on the buildings that remain
- The exposed walls are made good
- The demolished structures are replaced by courtyard and garden space
- They are not visible from the public highway
Changes of use
Two cases are exempt:
- Working from home in a liberal profession: the occupant may set up their office in their home if the area used does not exceed 75 m² (or 200 m² if it is 45% or less of the total floor area) and the activity remains secondary to the main residence
- Reassigning rooms within a home: a living room can become a dining room, provided the rooms remain in residential use and the number of housing units does not change
Watch out: the limits of exemptions
- The exemptions do not apply to protected heritage sites (listed or in the process of being listed), except in specific cases
- If the works depart from the RRU, the RCU or a PPAS, a permit is still required
- If in doubt, always contact your municipality’s planning department before starting work