APPENDIX 3C: SUMMARY OF SPATIAL PLANNING SYSTEMS: BELGIUM
Topic
Responsibilities for spatial
planning at the national,
regional and local level,
including the policy
themes covered at each
level
Response
Belgium is a constitutional monarchy that, as the result of four successive revisions of the Constitution (in 1970, 1980,
1988-89 and 1993), has become a Federal state. Belgium is composed of three communities (the Flemish Community, the
Wallonia-Brussels Community, the German-speaking Community) and three regions (the Flemish Region, the Walloon
Region and the Region of Brussels-Capital).
The communities correspond to population groupings, based on their language (Dutch, French and German, all three
recognised as official languages) and their cultural identity. Therefore the Dutch speaking people of Brussels belong to the
Flemish Community and the French speaking people belong to the Wallonian Community. The regions are defined on a
territorial basis.
The power to make decisions is shared between the Federal State, the Communities and the Regions, who take action on
an even footing, but are distinguished by their spheres of competence.
The Federal State is responsible for justice (including the Federal police), social security (including pensions), finance,
foreign policy, national defence, certain areas of the economy such as the prices and incomes policy, together with an
important part of the public health, internal affairs, co-operation for development. The Federal State is also responsible for
everything that does not expressly come under the authority of Communities and the Regions. Finally, the Federal State
assumes all Belgium’s responsibilities and those of its federated entities with regard to the European Union, NATO and the
UN. The Federal State has no explicit power over the spatial planning system. Spatial planning is controlled through the
regional levels, however, the basic principles of the 1962 Spatial Organisation and Town Planning Act still apply.
Topic
Response
It can be said that there is not a Belgium planning system, rather there are three independent planning systems. Each of the
regions has authorities in areas that affect the occupation of the "land" in the broad sense of the term. The regions exercise
their authority over spatial planning issues like economic development, employment, agriculture, water policy, housing,
energy, public works and transport (with the exception of the railways), the environment, rural revitalisation and nature
conservation. They are also responsible for scientific research and international relations in the above-mentioned areas.
The three Belgian Regions delegate the responsibility for spatial planning to the regional governments or administrations,
the provincial authorities and the municipal authorities. The planning system is based on framework control which means
that the plans at the lower levels (more precise specifications) should not contradict the plans at higher levels.
The Communities have no influence on spatial planning as they are mainly responsible for education, cultural affairs, the use
of languages and matters regarded as “personnalisable” (e.g. health policy, child protection, social workers, the reception of
immigrants). The Communities are also responsible for scientific research and international relations in the areas that come
under their authority.
Spatial planning areas
The lower administrative rung is occupied by the Provinces. They must act in deference to the Federal,
Community or Regional authorities and are subordinate to all the higher authorities.
In the Walloon Region the provinces only have advisory roles in relation to spatial planning, although they do have some
control over planning permits. In the Flemish Region, on the other hand, the provinces have full planning powers over their
region.
The lowest administrative rung is formed by the Municipalities, which are the seat of power closest to the citizen. Like the
Provinces they also have to give way to higher authorities: Municipalities must submit spatial planning decisions or
proposals to the regional level for final approval. The Walloon region is currently developing a decentralised approach that
will give the municipalities more responsibilities providing that they conform to certain planning conditions.
The three regional levels are spilt into provincial and municipal levels as follows:
Flanders or Flemish Region: 5 provinces (Antwerpen, Limburg, Oost-Vlaanderen, Vlams-Brabant, West-Vlaanderen) and
308 municipalities.
Wallonia or Walloon Region: 5 provinces (Brabant Wallon, Hainaut, Namur, Liege, Luxembourg) and 262 municipalities.
Brussels Capital Region: 19 municipalities
Topic
Key legislation in relation
to spatial planning, spatial
planning policy and policy
guidance at each level
Response
National: The 1962 Spatial Organisation and Town Planning Act divides the responsibility for spatial planning between the
regional, municipal and provincial levels.
Regional: The three regions are named Flanders, Wallonia and Brussels Capital. All their policies are based on the 1962
Spatial Planning Act, however as of the 1980’s they were free to interpret the act in their own way, resulting in differing
planning systems, policies and priorities.
Flemish Region: Until 1996 the Flemish Region based their regional spatial planning system on the framework and principles
of the1962 Spatial Planning Act. However in 1996 the Flemish administration introduced the Decree on Spatial Planning. A
new Decree was set up in 1999, which was revised in November 2003. The Decree requires spatial structure plans and
spatial implementation plans to be developed at the regional, provincial and municipal levels.
Walloon Region: They put together all legislation 1984 in the Code Wallon de l’Amenagement du Territoire, de
l’Urbanisme et du Patrimoine (1984 Code Wallon – CWATUP). Sizeable changes have been made to this legislation since
that time. The code was last revised in December 2003. The CWATUP requires the following plans to be developed:
Walloon regional structure plan (Le Schéma de développement de l’espace regional), Regional urban ordinance (Règlement
régional d’urbanisme), Sub-Regional Plan (plan de secteur), Municipal structure plan (Le schéma de structure communal),
Municipal Management Plan (Le plan communal d’amenagement), the Municipal urban ordinance (Règlement communal
d’urbanisme) and the Particular ManagementPlan (Plan particulier d’amenagement)
Brussels Capital Region: They also introduced their own legislation called the Ordonnantie houdende Organisatie van de
Planning en Stedenbouw (1991 Brussels Spatial Planning Ordinance). This Ordonnantie provides three important
instruments with regards to urban development or spatial planning legislation: spatial plans , urban development ordinances
and permits (see below).
Provincial and Municipal
The provinces and municipalities are controlled by Regional legislation, laid down in the Provincial Act (dating from 1836,
last revised in September 2003) and the Municipal Act (last revised in September 2003)
Spatial plans produced at
each level
National:
There are no overall plans at the national level.
Topic
Response
Regional: Destination plan (Bestemmingsplannen) or Implementation Plans (Uitvoeringsplannen) are legally binding land-use
plans which can cover a region, a sub region, a municipality or part of a municipality. Those that cover regions or sub
regions are prepared at the regional level. Before final adoption, there is a legal requirement that land-use plans must be
put through the public inspection process.
Flemish Region: Regional Spatial Structure Plan (Regionaal Ruimtelijk Structuurplan Vlaanderen) and Regional Spatial
Implementation Plans (Regionale Ruimtelijke uitvoeringsplannen). The Regional Spatial Structure Plan sets out the most
desired future development of the Flemish region. It aims at creating coherence between al spatial initiatives in the region.
The Regional Spatial Implementation Plans are being set up to implement and make concrete the Spatial Structure Plan.
These Implementation Plans are legally binding.
Walloon Region: Walloon regional structure plan (Le Schéma de développement de l’espace regional), which holds the
general management and development strategy for the the Wallonian Region as a whole. Regional urban ordinance
(Règlement régional d’urbanisme), which holds rules and regulations on the regional urban development.
Wallon Sub-Regional: Sub-Regional Plan (plan de secteur), which is a destination or zoning plan (Plan de destination:
zonage), the plan covers parts of the Wallonian region.
Brussels Capital Region: Regional development plan (Gewestelijk ontwikkelingsplan) stating the most desired development
of the Brussels Region with regards to economic, social, traffic and environmental aspects. The Regional development plan
is mainly exploratory. The Regional destination plan (Gewestelijk bestemmingsplan), which dates from 2001 and forms the
top in the hierarchy of statutory plans, states the general land use of all the parts of the region. The Regional destination
plan can also hold regulations on the size of buildings. All the urban development permits have to fit within the Gewestelijk
Bestemmingsplan. Next tot that there also exist Regional Spatial Ordinances (Gewestelijke Stedenbouwkundige
verordeningen), which holds regulations for the region as a whole or parts of the region regarding e.g. the accessibility,
isolation and safety of buildings.
Topic
Response
Provincial: Destination plan (Bestemmingsplannen) or Implementation Plans (Uitvoeringsplannen) are legally binding landuse plans which can cover a region, a sub region, a municipality or part of a municipality.
Flemish Region: Provincial Structure plan, Provincial Implementation Plans. The Provincial Structure Plan (Provinciaal
Structuurplan) sets out the most desired future development of each of the Provinces. It aims at creating coherence
between al spatial initiatives in the specific Province. The Provincial Implementation Plans (Provinciale Uitvoeringsplannen)
are being set up to implement and make concrete the Provincial Structure Plan. The Implementation Plans are legally
binding. The Provincial Structure plan and Provincial Implementation plans have to correspond to the Regional Structure
Plan and the Regional Implementation Plans.
Walloon Region: no plans at this level
Brussels Capital Region: no plans at this level
Topic
Response
Municipal: Destination plans (Bestemmingsplannen) or Implementation Plans (Uitvoeringsplannen), that cover municipalities
or sub municipalities, are prepared at the municipal level, however they must be approved at the regional level.
Flemish Region: Municipal Structure Plan, Municipal Implementation Plan The Municipal Structure Plan (Gemeentelijk
Structuurplan) sets out the most desired future development of the municipality as a whole. It aims at creating coherence
between al spatial initiatives in the specific municipality. The Municipal Implementation Plans (Gemeentelijke
Uitvoeringsplannen) are being set up to implement and make concrete the Municipal Structure Plan. The Municipal
Implementation Plan is legally binding. The Municipal Structure plan and Municipal Implementation plans have to
correspond to the Regional Structure Plan, the Regional Implementation Plans, the Provincial Structure Plan and the
Provincial Implementation Plan.
Walloon Region: Municipal structure plan (Le schéma de structure communal), which holds information on the orientation,
management and program of the most desired development of the municipality as a whole. The Municipal Management Plan
(Le plan communal d’amenagement) is a destination or zoning plan (Plan de destination: zonage). The plan covers the
municipality as a whole. The Municipal urban ordinance (Règlement communal d’urbanisme) holds rules and regulations on
the municipal urban development.
Walloon Sub-Municipal: the Particular ManagementPlan (Plan particulier d’amenagement) is a destination or zoning plan
(Plan de destination: zonage). The plan covers parts of the municipality.
Brussels Capital Region: Municipal Development Plan (Gemeentelijk ontwikkelingsplan) stating the most desired
development of the Municipality with regards to economic, social, traffic and environmental aspects. The Municipal
development plan is mainly exploratory, but can hold an ordnance regarding specific land uses.
Brussels Capital Sub-Municipal: Particular destination plan (bijzonder besternmingsplan), which states the detailed land use
of parts of municipalities. The Particular destination plans can also hold regulations on the size and aesthetic quality of
buildings.
All the urban development permits have to fit within the Gewestelijke and Bijzondere Bestemmingsplannen. Next to that
Municipal Spatial Ordinances (Gemeentelijke Stedenbouwkundige verordeningen) exist, which hold regulations for the
municipality as a whole or parts of the municipality regarding e.g. the accessibility, isolation and safety of buildings.
Key documents/websites
used
1. The EU compendium of spatial planning systems and policies – Belgium.
2. Brussels Spatial Planning Ordinance 1991
3. Code Wallon de l’Amenagement du Territoire, de l’Urbanisme et du Patrimoine
Topic
Response
4. Federal Department if the Environment Studies and Coordination Office (2002), Third National Communication
under the United Nations Framework Convention on Climate Change
5. Flemish Decree on Spatial Planning (1999, last revised November 2003)
6. http://mrw.wallonie.be/dgatlp/dgatlp/Pages/DAU/Pages/Accueil.htm (website of the Wallonian Division of Urban
Management)