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Published on 7 November 20266 min read
Unpermitted building work in Belgium: selling it
The Immolytics editorial team
An unpermitted extension does not disappear with time. Limitation exists in Belgium, but it applies to one kind of prosecution, not to the permit requirement itself. Time limits and consequences differ by Region and by type of work. When you sell, what matters most is whether the situation is permitted, can be regularised, or cannot be regularised.
What does limitation mean for a building offence?
Limitation means that an authority or a court can no longer act in a certain way after some time has passed. That is not the same as getting a permit. If you built or renovated without a permit, you do not have a permitted situation, even if the offence is old.
You need to keep three tracks apart:
- Criminal prosecution: a fine or a penalty for the person who committed the offence.
- The restoration order: a request to put the site back in its original state, to adapt the building or to demolish it.
- The permit status: whether the work is permitted, or can become permitted.
The first track can expire, even if the building is still standing. The second track generally has its own rules, and they differ by Region. The third track does not run with time. An old offence stays an offence until it is permitted, or until it is treated as permitted under a specific legal rule.
So the question "does a building offence expire after a fixed period?" is too short. The answer depends on the Region, on the date of the works and on the nature of the works. Without a file and proof of dates, nobody can give you a reliable time limit.
If you are also wondering what your property is worth in its current state, the online estimate is a good first step. Keep in mind that it shows a value for a standard situation, not a legal opinion.
Differences between Flanders, Wallonia and Brussels
Urban planning is a regional competence. Flanders, Wallonia and the Brussels-Capital Region each have their own planning code, their own enforcement rules and their own presumptions of permit. A rule that applies in one Region must never be copied to another.
In practice this means the following:
- Regional law decides which works need a permit and which are exempt.
- It also decides who can act: the municipality, a regional inspector or the public prosecutor.
- It sets out whether an old building is treated as permitted, and on what conditions.
- It decides how and when a restoration measure can still be requested.
The text of the law is not everything. The zone where the property sits, a protected status and any easements also play a part. A garage in a residential zone is not the same case as an outbuilding in an agricultural area or an extension to a protected building.
If you want to know what applies to your address, ask the municipality for official information. The planning certificate or planning information gives the permit status, the zoning and the known files. It shows what the authority knows. It does not show what was built on site without anyone reporting it.
If you are a seller and you quote a precise time limit to a buyer, make sure you can back it up with the regional text. A reassurance such as "this expired long ago" is risky if it turns out to be wrong.
To get a feel for how the market differs between places, the price map shows prices by municipality, and the comparison tool puts municipalities side by side.
Regularisation: can an offence still be put right?
Regularising a building offence is sometimes possible, but not always. You submit an application to the competent authority. It assesses the file like an ordinary application, using the rules in force at that moment.
Three things decide the chances of success:
- The zoning of the area and the rules that apply there.
- The nature of the works: a small interior change is different from a full extension.
- Other possible limits, such as heritage, flood risk, distances to neighbours or fire safety.
A permit can therefore also be refused. A refusal means the offence remains and the authority may consider a restoration measure. Whether that is still possible depends again on the Region and on the rules at that time.
We cannot give a figure for the cost. It depends on the Region, the municipality, the type of file and the work needed. Expect file costs, usually an architect or a surveyor, and sometimes adaptation works to meet the standards. Ask for a quote and ask the municipality which taxes or fees apply.
Regularisation pays off mostly when you want to sell or renovate. A permitted situation is easier to explain to a buyer, a notary and a lender. If you also need a new energy study, you will find an explanation of the energy certificate on the EPC page.
Consequences when you sell a property with a building offence
When you sell, the seller must state the planning situation correctly, and the notary records this information in the deed. Hiding a known offence can lead to a dispute later, even if the offence is old.
What a buyer does depends on the risk:
- They may want a lower price, because regularisation brings costs or uncertainty.
- They may ask for a reservation in the preliminary sales agreement, such as a condition precedent.
- They may walk away if the offence looks impossible to regularise.
So the legal situation affects the value of the property. An unpermitted extension does not simply count in full. If you want to estimate the value, do it twice: once for the permitted situation, and once with a reserve for what still has to be done.
Start with comparable sales in your municipality. For your own home, use the valuation tool or the online estimate. A detailed valuation report helps if you want to prepare a file for a buyer or for the bank.
Pay attention to financing too. A lender looks at the permitted situation of the property used as security. How interest and charges work is explained on the page about mortgage rates. This is information, not advice on any product.
What should a seller or a buyer do?
If you suspect an offence, start with the facts. First find out what was permitted, what was built and since when. That is step one in every file.
- Ask the municipality for the planning information or the certificate and compare it with the property.
- Look for old plans, permits, photos and aerial images. They help to prove the date of the works.
- Ask an architect or a surveyor whether regularisation is possible.
- Ask the municipality whether a report of the offence or a notification already exists.
- Discuss the file early with the notary, before the sale is agreed.
As a buyer, ask questions before you sign. Ask for the permits, compare the plans with the real situation and have a reservation added if you have doubts. A visit with an expert usually ends better than a surprise after the purchase.
To understand the context of the municipality, look at the rankings, the tools and the glossary for terms such as permitted situation, restoration order and zoning.
The rules change regularly. Always check the current regional text, or ask a notary, a lawyer or the municipal planning department. This page gives a framework, not legal advice for your file.
Frequently asked questions
Does a building permit expire?
A building permit does not expire in the same way as an offence, but it can lapse if the works do not start or continue within the set period. The exact rules differ by Region, so check the permit itself and ask the municipality if you are unsure.
Do building offences expire after a fixed number of years?
No single fixed period applies to all of Belgium and to every building offence. Limitation depends on the Region, on the type of work and on whether the question is about a penalty or about restoration. Have your file reviewed by a notary or a lawyer.
Can a building permit be refused?
Yes, an application can be refused if the project does not fit the zoning or the rules in force. The same applies to a regularisation application. A refusal means the offence remains and the authority may consider a restoration measure.
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