Selling a property with a planning breach: what do you need to know

The specific clauses included in the authentic deed are intended to define who bears which responsibility in this context. Understanding these mechanisms is essential to avoid being caught out. TREVI has handled many files in which an urban planning violation was a decisive element. Here is what you should keep in mind.

Urban planning permission: definition and obligation in Belgium

Urban planning permission is the administrative proof that works or a construction comply with the rules laid down by the region where the property is located. Brussels, Wallonia and Flanders each have their own rules, but all of them require this document before any significant alteration to a building. 
Without this permit, the works risk being considered illegal, which then complicates resale. In practice, the sale of a property requires the seller to provide precise urban planning information. These documents help the buyer understand whether the property is compliant. 

Urban planning violation: definition and impact on the sale of a property

An urban planning violation is an offence recorded by the municipality, often formalised in an official report, following works carried out without the required permit. This may concern an extension, a terrace, or structural alteration.
This can have a significant impact on the sale. In addition to a possible drop in price, the violation may also lead to an administrative or financial blockage if regularisation is required. The procedures and consequences differ from one region to another, which makes it more difficult for the buyer to assess the risk.

Unrecorded urban planning irregularity: what should you know? 

Not all non-compliant works immediately lead to an official report. An irregularity may remain unnoticed by the authorities, especially when inspections are rare or took place a long time ago. 
However, this situation does not release the seller from responsibility. During the sale, an irregularity that has not been officially recorded may lead to disputes if the buyer discovers the issue afterwards. Caution therefore requires a thorough examination of the property before the transaction.

The seller’s duty to inform in case of an urban planning violation

The seller must inform the buyer of any element likely to affect the value or use of the property. This includes urban planning violations, which may be considered hidden defects under Article 1641 of the Civil Code.
Failing to disclose a violation exposes the seller to financial claims, including having to bear the cost of bringing the property into compliance. To protect themselves, the buyer may request the insertion of a specific clause in the authentic deed guaranteeing the urban planning compliance of the property, whether the works were carried out by the seller or not.

What happens if the deed contains several information clauses?

Selling a property with an urban planning issue requires transparency. The seller must disclose the irregularity, provide all relevant documents, and, if possible, consider resolving it before the sale.
If this is not feasible or too expensive, it is recommended to include specific clauses in the deed to define responsibilities. TREVI has seen many cases where a clear agreement helps prevent disputes and keeps the transaction moving forward despite the risks.