Do you need a building permit when you change the way a building is being used? A night shop becomes a restaurant, a one family dwelling is converted into students' rooms, ...
On 16 May 2024, the Brussels Government issued a new Decree (Besluit/Arrêté) on building permit requirements in case of changes of use. The Decree repeals the Decree of 12 December 2002 and will enter into force on 1 September 2024.
As per the Town-Planning Code (CoBAT/BWRO), the Government decides which changes of use require a building permit considering their compatibility with the surrounding urban environment. Use of an asset is the precise activity carried out within the destination indicated in the building permit. In absence of information in the permit, the first use is a change of use. The fact that the change of use may or may not be accompanied by acts and works subject to building permit under other provisions does not affect this obligation.
Residential
Use change of a (part of a) dwelling building for the purpose of creating or removing a student or a coliving dwelling requires a building permit.
Student dwelling is a dwelling intended exclusively for students (i.e., enrolled either in a higher education establishment or in an examination commission of a central examination board) housing.
Coliving dwelling is a dwelling intended for housing several persons, having one or more individual private rooms for exclusive use and common areas, rented by a non-occupier landlord for a term of at least 3 months to each tenant separately with an individual lease agreement, and accompanied by the provision of services to the benefit of the tenants. This does not include collective student housing (colocation/medehuur).
The building permit requirement for the coliving dwelling will enter into force at a later moment, namely upon entry into force of a coliving recognition system.
Commerce
The change of use of a building (or part of it) hosting a commerce into a commerce falling under the following eight categories is subject to prior building permit:
- a commerce where drinks and/or food can be consumed on site, except if (a) such use is ancillary to the main activity, (b) such use has a floor area lower than the main activity's one and (c) the commerce is not open after 8 p.m.
- a quick-service catering commerce for fries and/or rotisserie and/or grill and/or waffle.
- a night shop, i.e., a retail exclusively or primarily open overnight or which remains open after 10 p.m.
- a tourist commerce, i.e., a retail shop located in a tourist center selling a range of different items bearing notably national, regional or municipal or sports-related signs, inscriptions and/or symbols. This does not include specialised shops selling one type of item, such as laces, beers, chocolates, biscuits or comics.
- a nightclub, a dance bar, a party and/or theatre hall, a concert hall or a cinema.
- a casino, a luna park, a sports betting center and any other commerce operating gambling activities.
- a laundry room.
- a hall for erotic shows, a peep show, a sex shop, rooming houses, a prostitution room.
- A building permit is not required (i) if such change of use concerns buildings located in areas for urban industry, enterprises in urban area, port activities and transport, and railway and (ii) in case of change of use within the same category (e.g., a night club into a cinema).
In comparison to the 2002 Decree, (i) a building permit is no longer required in case of change of use into a video shop, a petrol station, a motor vehicle-related business or a phone shop and (ii) changes of use in administrative area are no longer exempted from building permit.
Change of use of a building or part of a building primarily intended for the sale of movable goods into a commerce primarily intended for the provision of services remains subject to building permit when the building is located along a commercial core or in shopping center areas.
Collective interest or public service equipment
The change of use of a building or part of it hosting a collective interest or public service equipment (embassy, school, ...) into a collective interest or public service equipment of another nature remains subject to prior building permit.
However, a building permit is no longer required if such change of use concerns buildings located in areas for urban industry, enterprises in urban area, port activities and transport and railway.
Productive activity
Finally, a building permit is required in case of change of use of a building or part of a building, located in residential area, mixed area and highly mixed area, accommodating a productive activity with a view to creating or ceasing, even partially, an activity for the production of intangible goods.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.