What is the purpose of the urban building information? | Pillars
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What is the purpose of the urban building information?

By law, it is mandatory to provide the urban information for every sale of a property and for every lease of more than 9 years.  This is laid down in the Flemish Codex of Spatial Planning (VCRO).

What does this actually mean?

29/08/2018 

What is its purpose?

The purpose of this urban planning information is to inform potential buyers or long-term tenants in a correct and as complete as possible manner and this in a standardized manner.  Every estate agent, notary or owner has to comply with this or they risk heavy fines or damage claims form buyers.  Professionals can also be subject to disciplinary sanctions of mistakes are made.

What should be mentionned?

The VCRO states that you must get answers to 5 questions (Article 5.2.6)

  1. Has an environmental permit been granted (in the locality still called 'building permit')?
  2. What is the current urban development, in which area is the property located?
  3. Has a summons or judgment been issued for the good?  This question has recently been extended a bit and it must also be clearly stated what teh state of affairs is in this respect.
  4. Is there a preemption right in the context of an implementation plan?  You can also read what this is in the blog 'What is a pre-emption right?'.
  5. Is an environmental permit for the land parcelling applicable (the known subdivision permit)?
  6. And yes, a sixth but not yet put into practice: whether or not an as-built certificate was issued and validated.  But this point is not yet applicable.

How does it all come together?

 

Terms

Sometimes it takes a little longer before this urban planning information is obtained from the municipalities, but once the decision has been made to sell, it is also desirable to be able to put the property on the market immediately in order not to lose time.  That is why the solution was provided that publicity may be used as soon as the information was requested.  From the moment that the urban plannening information is obtained, this must be included in the publicity. For example, with multiple buildings, we will always see 2 words returning to the information obligation: 'in application'.  The municipalities were given a maximum period of 30 days to provide the information, so in the publicity this can also be 'in application' for a maximum of 30 days.

 

Mentions

Where should all of this be mentioned now?  When we view digitial ads, it is necessary to see it written out in full.  All 5 questions should therefore also be answered, unliss it is still 'in application'.   This is not so easy for advertisements in the written press, as there is usually less space available for this.  Here you see all abbreviations, but what does that mean?  The table below clearly states it.

Curious which information is still required in publications about real estate?  Check the blog and advice 'Which information is required at the sale of real estate?'

 

Source: Vlaamse Codex Ruimtelijke Ordening (VCRO)