At an earlier blog post we explained what a zone alien dwelling is-a dwelling located in an area where housing is not officially allowed. We also discussed what work is possible on such a zoned building. For instance, under certain conditions, a zoned building can be converted, rebuilt or extended. In addition, repair work after damage, e.g. from a storm, is also allowed under specific conditions. Finally, it is possible to change the function of a zone alien building, which is known as a zone alien function change.
In this article, we take a closer look at the zonal function change. In particular, we discuss the recently introduced possibility of regularising such a function change.
What is a zone change of function?
A zoning change is the modification of the function of an existing building to a function that does not comply with the zoning regulations. The cases in which this is possible are listed exhaustively in the legislation.
Examples of permitted zoned function changes are:
- Change the dwelling near a farm located in agricultural area to a private dwelling with no link to agriculture.
- Converting a warehouse in an industrial area into an office space.
- Convert an industrial building in SME area to e.g. karting or party hall.
- Storing motorhomes in a former agricultural shed.
- Converting farm buildings into an animal shelter, animal boarding house, veterinary practice or petting zoo.
The purpose of this possibility is to allow existing buildings to continue to be used as much as possible. After all, if a particular building is given a new use, no new building needs to be erected elsewhere for this purpose.
What are the conditions for a zone change?
The conditions for a zone change of function differ on a case-by-case basis. Yet there are some basic conditions that must always be met:
- The building exists still. The possibilities for a zoned change of function do not apply to buildings that have already been demolished. Nor do they apply to buildings that have yet to be erected. This is the case, for example, when a permit was obtained, but the permit has not yet been executed.
- The building is not rotted. This means it still meets basic stability requirements. Among other things, the foundation and load-bearing elements of the roof should still be in order.
- The building and the function performed in it are mainly licensed. This is the most difficult but also the most important condition. When a building is primarily licensed is determined by law. This is subject to special definitions, each with different conditions of application. This makes it not always easy to check or prove. Until recently, both the structure itself and the function performed in it always had to be authorised (deemed).
- The building is not located in recreational area.
- The building is not located in spatially sensitive areas. What constitutes spatially sensitive area is defined by law. It is, for example, forest or nature area.
- The zonal function change does not interfere with the normal business operations of licensed (deemed) businesses in the vicinity.
Note: it is not because you would meet all the legal conditions, that you are automatically entitled to a zoned function change. For example, the government will also check whether the zoned function change is in accordance with good spatial planning. The main issue here is whether the requested function fits in with its surroundings. For example, whether it does not cause too much nuisance to local residents. It can still refuse the application on this basis. This even if you meet all the other legal conditions.
Here you will find more information on what steps you can take against the refusal of an environmental permit and the course of the appeal procedure with the province.
Regularisation zonal function change?
Until recently, the regularisation of a zonal function change was not possible. One of the requirements for a zone-foreign function change was that the function had to be authorised at the time of the application. Given that a regularisation meant that the function had already been changed without a permit, this condition could not be met.
The Collection Decree Environment recently abolished the latter condition. As a result, it is now possible to regularise a zonal change of function. However, the other general conditions listed above still apply. For example, the building must still exist, not be dilapidated, mainly licensed as regards construction, etc. The application must also still pass the test of conformity. The application must also still pass the test of good urban planning. Also, the specific application conditions that apply per zonal change of use must be met.
Conclusion
From now on, it will be possible to regularise a zoning change. To do so, you will always have to prove that you meet all the applicable conditions. This is not always easy. Especially since, in addition to the general conditions, additional specific conditions always apply to each zone change.
In addition, your application will also have to comply with good spatial planning. You will also have to demonstrate this in your application. It is therefore advisable to have a specialist assist you when preparing the application for a zoning change.
Would you like to apply for (the regularisation of) a zone change? If so, please feel free to contact up with our environmental law lawyer. It assists you with permit applications for all of Flanders.
