What can you build without a permit in Flanders?
For a house in Flanders you can carry out many small works without an environmental permit (omgevingsvergunning): alter the inside, insulate, fit solar panels, put up a garden shed or carport of up to 40 m² in total and 3.5 m high, and a terrace or swimming pool of up to 80 m² in total. An extension or conservatory against the house always needs a permit; since 1 March 2026 a notification is no longer enough. The list is in the Flemish Government’s exemption decree of 16 July 2010 and does not apply everywhere: heritage, a spatially vulnerable area or a recent plan can remove an exemption.
All exemptions for a dwelling
The table contains every exemption in the decree that concerns a dwelling and its garden, with the size limits and the article. What already stands on the plot counts towards the maximums: if there is already a 25 m² garden shed, 15 m² is left for a carport.
For a dwelling, the following always applies: it is mainly permitted or deemed permitted, the works lie within 30 m of the dwelling, the use does not change and the number of dwellings stays the same (Art. 2.2).
| Works | What is allowed without a permit | Article |
|---|---|---|
| Interior alterations | Interior alterations are allowed without a permit; structural works only if an architect designs and supervises them. The number of dwellings stays the same and the use does not change. | Art. 2.1, 4° |
| Façades and roofs | Works to the façade and roof are allowed without a permit if the building volume stays the same and the dwelling’s energy performance does not get worse; with structural works, only with an architect. A dormer or a higher roof changes the building volume and requires a permit. | Art. 2.1, 2° |
| External insulation | Insulating façades and roofs on the outside is allowed up to 26 cm thick, including the usual finish. The insulation may not cross the building line. | Art. 2.1, 2/1° |
| Solar panels and solar water heaters | On a flat roof up to 1 m above the roof edge, in or on a pitched roof, on a façade up to 4 m² per façade, or on a balcony railing. | Art. 2.1, 3° |
| Heat pumps and air conditioners | The outdoor unit may go in the garden, on a façade or on a flat roof, at least 2 m from the plot boundary or against an existing party wall. | Art. 2.1, 8°/1 |
| Technical installations | Usual technical structures on or against the dwelling, such as a chimney or a ventilation duct, may rise up to 3 m above the ridge. | Art. 2.1, 14° |
| Charging points | A charging point for electric cars is allowed without a permit, also on existing permitted paving. | Art. 2.1, 15°, and 12/1.2 |
| Underground structures | Usual underground structures, such as a rainwater tank or a septic tank, are allowed without a permit. Not if they conflict with a building line plan, a setback zone or an expropriation plan. | Art. 2.1, 1° |
| Garden shed, garage, carport or storeroom | Detached outbuildings that no one lives or stays in, together at most 40 m² per plot and at most 3.5 m high. Existing detached outbuildings count. In the side garden at least 3 m from the plot boundaries, in the back garden at least 1 m, or there against an existing party wall that does not change. Rainwater stays on the plot. | Art. 2.1, 11° |
| Terrace, swimming pool, paths and paving in the garden | Structures without a roof up to 1.5 m high in the side and back garden, such as a terrace, a path, a swimming pool or a natural swimming pond, together at most 80 m² and at least 1 m from the plot boundary. What is already there counts, and against an existing party wall is allowed too. Rainwater stays on the plot; a pool overflow may go to the sewer. | Art. 2.1, 8° |
| Driveway and access in the front garden | The strictly necessary access and driveway to the building are allowed without a permit if rainwater stays on the plot. A ditch or stream may not be culverted for this, except one roadside ditch over at most 5 m. | Art. 2.1, 9°, and 12/1.3 |
| Fences and gates | In the side and back garden up to 2 m high. In the front garden a closed fence up to 1 m, and anywhere an open fence (wire or wire mesh) or a gate up to 2 m. | Art. 2.1, 5° to 7° |
| Small garden structures | Garden ornaments, a letterbox, a barbecue or play equipment are allowed without a permit. | Art. 2.1, 10° |
| Storage at the dwelling | Materials and equipment belonging to the dwelling up to 10 m³ in total, not visible from the public road. | Art. 2.1, 12° |
| Caravan, motorhome or tent | One mobile unit, not visible from the public road and without actually living in it. | Art. 2.1, 13° |
| Waste containers | Containers for sorted waste, above or below ground, together smaller than 10 m². | Art. 2.1, 16° |
| Small changes to the ground level | Digging or raising the ground by less than 0.5 m at any point, per plot in total less than 30 m³ dug out or 5 m³ added. Without filling in a ditch, and not in a spatially vulnerable or erosion-prone area, nor in an area with a medium probability of flooding. An above-ground infiltration facility up to 70 cm deep is also allowed. | Art. 12/1.1 |
| Felling trees | Tall trees (a trunk circumference of 1 m at a height of 1 m) within 15 m of the permitted dwelling, outside a forest and outside the public domain, in a residential, agricultural or industrial area, but not in a residential park. | Art. 6.1, 1° |
| Demolition | What may be built without a permit may also be removed without a permit. Fully demolishing a detached building is allowed, except heritage in the established inventory, a building in an area of cultural, historical or aesthetic value, more than 1,000 m³ for a building that is not a dwelling, or more than 5,000 m³ for a residential building that is not a single-family house. Removing paving is allowed, except heritage. | Art. 13.1 and 13.2 |
| Temporarily during the works | What is needed to carry out exempt or permitted works, such as a site hut or a skip, on the plot itself and removed within 30 days after the works. A mobile unit for what cannot stay in the building during a renovation: at most one year (two for permitted works), 3.5 m high and 2 m from the side and rear boundaries. | Art. 7.1 |
| Temporary structures | A structure that is not advertising, for at most four periods of 30 days a year, not in a spatially vulnerable area (except a park area) and without changing trees, planting, the ground level or water. | Art. 7.2 |
| For sale or to let sign | At most 4 m² per property, removed no later than 14 days after the sale or letting. | Art. 9, 7° |
For a building that is not a dwelling, a similar list applies (Art. 3.1 and 3.2).
What you may build also depends on other rules, such as the planning certificate and planning extract and the building regulations of each municipality. For one address, the free Perceelscan preview brings it together.
What needs a permit
What is not on the list needs an environmental permit. For a house, this mainly means:
- an extension, a conservatory or a covered terrace against the house, however small;
- a dormer, a higher roof or any other increase in the building volume;
- detached outbuildings that together exceed 40 m², are higher than 3.5 m or stand too close to the plot boundary;
- an extra dwelling, splitting a dwelling or a change of use that requires a permit;
- demolishing a building that is not detached, such as a terraced house, or heritage in the established inventory.
A notification is no longer a way out. Since 1 March 2026 the notification requirement for these works has been abolished: what is not exempt needs a permit from the municipality.
Building volume and the 1,000 m³ limit
Works to façades and roof are allowed without a permit as long as the building volume stays the same (Art. 2.1, 2°). If the house gets bigger, even by a few cubic metres, you need a permit.
Building volume is measured on the outside: including the outer walls and the roof, without an ordinary cellar. For a simple house it is the length times the width times the height up to the eaves, plus the roof; a gable roof counts for half of the length times the width times the height of the roof. Have an architect measure it when you are close to a limit.
The 1,000 m³ limit is not a limit for works without a permit. It is the largest building volume that a house outside its zone may have after an extension with a permit. The figure appears once in the exemptions: a detached building that is not a dwelling and is larger than 1,000 m³ may not be demolished without a permit.
Where the exemptions do not apply
The list does not apply everywhere. The first articles of the decree say when an exemption falls away or another rule takes precedence:
- Protected heritage and archaeology (Art. 1.2): for a protected monument, townscape, village view or landscape, without a permit does not mean without consent; work may need an authorisation from the Flemish Heritage Agency (Onroerend Erfgoed).
- Regulations and earlier permits (Art. 1.3): exempt work follows the municipal, provincial and regional regulations, such as the one on rainwater, and the express conditions of a permit that already applied to the plot.
- A recent plan or a recent subdivision (Art. 1.4): the provisions of a municipal RUP, a BPA or a subdivision less than fifteen years old take precedence. If they regulate outbuildings or fences more strictly, that applies.
- Nature and major effects (Art. 1.5): work that requires an environmental impact report, an appropriate assessment for a Habitats Directive area or a mobility study is never exempt.
- Water (Art. 1.6): no exemption at all in the 5 m strip along a classified watercourse, in the easement zone of a ditch of general interest or in a designated riverbank zone.
- The dwelling itself (Art. 2.2): it is mainly permitted or deemed permitted, the works lie within 30 m of it, the use does not change and the number of dwellings stays the same.
- Spatially vulnerable area (Art. 2.2, 5°): in forest, nature, green or valley areas, agricultural areas of ecological interest and the Flemish Ecological Network, the exemptions for a garden shed, terrace, swimming pool, storage and caravan fall away. In a park area they do apply.
- The established inventory of architectural heritage (Art. 2.2, 6°, and 13.2): works to façades and roof, external insulation, solar panels on a façade or balcony and demolition need a permit there.
A house outside a residential zone, for example in an agricultural area, does not lose the exemptions: being outside its zone excludes nothing, as long as the house is mainly permitted and does not lie in a spatially vulnerable area. A signal area does not remove the list either; with a medium flood probability only small changes to the ground level fall away.
The municipality can still require a permit for some of these works in a planning regulation, for instance to fell trees or to work on heritage.
What the Perceelscan checks for each plot
Section 09 of the report, Building without a permit, applies this list to one address. It checks:
- the heritage status of the building: protected, established inventory, only in the inventory or none, and an archaeological zone;
- the zoning at the address point, from the regional zoning plan, a BPA or a RUP, and whether that zone is spatially vulnerable, also through the Flemish Ecological Network;
- a RUP or BPA at the address point and the other plans that touch the plot;
- the subdivisions in the Omgevingsloket and whether the most recent one is less than fifteen years old;
- the municipal, provincial and regional regulations, and a municipal rule on trees;
- a designated riverbank zone, a medium flood probability (P-score D) and a Habitats Directive area.
For each exemption the report then says whether it applies on this plot or falls away, and why. What it cannot check is listed too: whether the house is mainly permitted, world heritage, protected landscapes, the strip along watercourses and ditches, erosion-prone areas and the conditions of earlier permits. The report is not a permit: the municipality’s environment department confirms it.
The sample report shows what this looks like: Antwerp city hall is a protected monument, so section 09 says there that work exempt from a permit may still need an authorisation. For your own address, the free preview shows how many potential obstacles the plot has; the full report costs €29.
And in Brussels or Wallonia?
The exemption decree applies only in Flanders. The other regions have their own list.
Brussels: the decree of 13 November 2008
In Brussels the list is in the decree of the Brussels-Capital Region Government of 13 November 2008 on the acts and works exempt from a planning permit. It is narrower than in Flanders: a garden shed or storeroom up to 9 m² and 3 m high, a swimming pool or ornamental pond without a roof up to 20 m² and at least 2 m from the neighbours. An extension or conservatory always needs a permit, and the list does not apply to a protected property.
Wallonia: the CoDT table
In Wallonia the exempt works are in the table of Art. R.IV.1-1 of the CoDT, the Walloon spatial planning code. There a conservatory is allowed without a permit: one per property, at the back of the building, up to 40 m² and without an upper floor. A garden shed is allowed up to 20 m², at least 1 m from the boundary. Not in a heritage protection zone and not in a high flood hazard zone.
How many m² can I build without a permit?
An extension against the house is never exempt, however small. Detached in the garden, outbuildings such as a garden shed, garage, carport or storeroom may together cover 40 m² per plot, up to 3.5 m high; what already stands counts. In addition, structures without a roof up to 1.5 m high, such as a terrace, paths or a swimming pool, may together cover 80 m². All within 30 m of the house and outside a spatially vulnerable area.
Can I build a garden shed without a permit?
Yes, if it is detached, nobody stays in it and all detached outbuildings on the plot together cover at most 40 m² and are at most 3.5 m high. In the side garden it stands at least 3 m from the plot boundaries, in the back garden at least 1 m or against an existing party wall, and rainwater stays on your own land. In a spatially vulnerable area, or if a RUP, a BPA or a recent subdivision says otherwise, it needs a permit.
Can I build a carport without a permit?
A detached carport follows the same rule as a garden shed: together with the other detached outbuildings at most 40 m² per plot and 3.5 m high, in the side or back garden and at the same distances from the boundaries. In the front garden it is not exempt, and a carport against the house is an extension: it needs a permit.
Can I build a conservatory or extension without a permit?
No. A conservatory, an extension or a covered terrace against the house increases the building volume and is not on the list of exempt works. Since 1 March 2026 a notification is no longer enough either: you apply to the municipality for an environmental permit.
Does the list also apply to a house outside its zone?
Yes. The exemptions apply to every dwelling that is mainly permitted or deemed permitted, also in an agricultural area or another zone where ordinary housing is not allowed. Only in a spatially vulnerable area do the exemptions for structures in the garden fall away.
In the other regions
- In Brussels: Which works need no permit in Brussels?
- In Wallonia: What can you build without a permit in Wallonia?
Sources
- Flemish Codex: the exemption decree of 16 July 2010 (in Dutch)
- Vlaanderen.be: exempt planning works (in Dutch)
- Flemish Heritage Agency: works to heritage (in Dutch)
- Justel: the Brussels decree of 13 November 2008
- Wallex: the CoDT with the table of Art. R.IV.1-1 (in French)
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