What is the difference between planning certificates no. 1 and no. 2?
A certificat d’urbanisme no. 1 (CU1) states what applies to a plot: the zone of the plan de secteur, the plans, guides and perimeters, heritage, risks and the equipment of the road (CoDT art. D.IV.97). A certificat d’urbanisme no. 2 (CU2) adds an assessment of a specific project, and that assessment stays valid for two years (art. D.IV.98). Anyone may request them from the municipality, even if they do not own the property (art. D.IV.1, § 3).
What a CU1 contains
- the zone of the plan de secteur and the standards of the guide régional;
- the schémas, the guides and any subdivision permit that apply;
- a right of pre-emption or an expropriation plan;
- a redevelopment or renovation perimeter, and heritage;
- whether the road is adequately equipped and how waste water is discharged;
- whether the plot is in the soil database;
- natural risks such as flooding or difficult subsoil, and Natura 2000.
The municipality issues a CU1 within thirty days (art. D.IV.52). At a sale the notary requests the same information; each municipality sets its own fee.
What you may build also depends on other rules, such as what you may build without a permit in Wallonia and the plan de secteur and the CoDT. For one address, the free Perceelscan preview brings it together.
When a CU2 is useful
If you want to extend after buying, add a home or build an outbuilding, a CU2 tells you in advance whether the authority accepts the principle. The application follows the permit procedure, with the same terms of 30, 75 or 115 days (art. D.IV.46) and sometimes a public inquiry.
The favourable assessment holds for two years, as long as the rules do not change and subject to what the environmental assessment and public inquiry for the permit bring up. On appeal the Government is not bound by it if it did not issue it itself.
A CU2 as a condition in the contract
If you are unsure whether a renovation is allowed, you can make the purchase conditional on a favourable CU2 or a permit. Agree a term with the notary that fits the procedure: up to almost four months.
What the Perceelscan shows
The report follows the order of the information in art. D.IV.97: the plan de secteur and the plans, the guides, the right of pre-emption, heritage, flooding, soil and subsoil, nature and subdivisions, for one address. It is not a planning certificate: the municipality’s information prevails.
How long is a planning certificate no. 2 valid?
Two years (CoDT art. D.IV.98), as long as the rules do not change. Apply for the permit within that period.
Who may apply for a planning certificate?
Anyone, even without owning the property (CoDT art. D.IV.1, § 3). You apply to the municipality where the plot lies.
In the other regions
Sources
Updated on