Let’s get
things clear.

Environment

In every real estate project, however big or small, there are various planning and environmental rules and procedures with which the public and professionals must comply.

Regulations issued by public authorities are frequently subject to change, and are not always easy to keep up with. This in turn often leads to unintentional violations and costly litigation.

It should also be pointed out that regulations are of a fragmentary nature and are to be found in different sources of law. An analysis must therefore always involve an investigation of the planning context and a consultation of the planning regulations before they can be considered based on the actual situation.

Professional advice on all aspects of environmental law is essential in every phase of the construction and planning application process, as well as at the purchase and selling stage. There is a specific focus required on the correct application of town and country planning rules, environmental law, criminal law and real estate law.

We offer assistance and advice relating to, among other aspects:
  • Environmental permits (planning permission, environmental permit, allotment permit, nature permit, socioeconomic permit): advice, assistance with applications, administrative appeal proceedings, proceedings before the Council for Permit Disputes or civil courts.
  • Enforcement of planning, criminal and environmental law: advice, assistance with a case/rectification, defence in a request for an opinion from the High Council of Environmental Enforcement, assistance/preparation in a police investigation, proceedings before the civil court and criminal court, follow-up care (advice on voluntary rectification, adaptation works, etc.).
  • Town and country planning: advice on the scope or interpretation of Spatial Implementation Plans, appeals in the context of public enquiries, proceedings before the Council of State.
  • Soil pollution and earth movements: advice and assistance relating to land transfers, analysis of purchase and sale agreements, assistance in transfer procedures (such as exploratory soil investigations, descriptive soil investigations, soil remediation projects, exemption from investigation and remediation obligations (innocent owner or possessor status), accelerated transfer, follow-up care, etc.), advice and assistance relating to disputes or proceedings involving earth movements.
  • Expropriation law: advice and assistance relating to negotiations and proceedings before the competent courts.
  • Environmental due diligence: performance of risk assessments in the context of acquisitions, mergers, etc.
  • Real estate law: advice and analysis of contracts, proceedings before the competent civil courts (for cancellations, price reductions, etc.).
  • Land and buildings policy, heritage protection, water policy, nature conservation law, etc.

Our

specialists

Kristiaan Caluwaerts
Kristiaan Caluwaerts
Lawyer - Partner

Specialised in: company law, commercial law, insolvency law, M&A, real estate law

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Kristof Uytterhoeven
Kristof Uytterhoeven
Lawyer - Partner

Specialised in: construction law, public procurement, real estate law, statute and deontology of architects

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Yannick Grauwels
Yannick Grauwels
Lawyer - Partner

Specialised in: construction law, real estate law, urban zoning, environmental law

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Eva Bruyninx
Eva Bruyninx
Lawyer

Specialised in: construction law, real estate law, urban zoning, environmental law

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Kobe Ghysels
Kobe Ghysels
Lawyer

Specialised in: construction law, real estate law, urban zoning, environmental law

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Contact us

    

T: +32 3 448 49 92
F: +32 3 448 49 95