| Good to know|
In Brussels, the Brussels Town Planning Code (the COBAT) makes it compulsory for private individuals and solicitors to include certain planning information in advertisements. However, breaches are not always punished.
Article 281 of the COBAT stipulates that anyone selling or leasing a property for more than nine years must mention the following planning information in any advertisements:
- The property's most recent and most specific land use designation, using the same naming system as the corresponding land use plans.
- Whether the property is located within a priority purchase area, is listed or has been included in the inventory of unused sites for specific activities.
Although, as in Flanders, this rule applies directly to advertisements, the legislation in Brussels is more lenient. For the time being, at least.
As this type of violation is difficult to punish, it is very unlikely that an individual will be fined if his or her advert does not comply with the COBAT requirements.
Still, it is advisable to include the compulsory information in adverts. In fact, potential buyers or tenants will appreciate being given as much information as possible, as a sign of the owner's honesty.
Advertisements prepared by solicitors are subject to more restrictions and must provide more comprehensive information about the property:
Article 280 of the COBAT stipules that they must:
- Unequivocally state the property's most recent and most specific land use designation, using the same naming system as the corresponding land use plans.
- Provide detailed information about any planning permission, subdivision permits and planning reports issued in relation to the property for sale and any applicable priority purchase rights.
- Specify whether the property for sale is located within a priority purchase area, is listed, is currently being considered for listed status, or has been included in the inventory of unused sites for specific activities.
Incorrect or misleading information in documents or advertisements prepared by solicitors is, unsurprisingly, checked and punished more often than in documents or adverts prepared by private individuals.