New Planning Act: Clearer rules for transfer of exemptions

When property is sold, whether or not in the context of a business acquisition, the transfer of exemptions granted in respect of the plot concerned are often an issue.

The old Planning Act was unclear on these kinds of transfer. This poses problems particularly if exemptions were linked to a permit that was transferable under the municipal building regulations. The new Planning Act or, rather, the Planning Decree, includes sections that explicitly provide that exemptions are transferable if they form part of a string. A distinction is made between exemptions for scheduled applications (e.g. white brick instead of red brick) and exemptions for non-scheduled applications (e.g. installing dormer windows).

In principle, the local authority concerned has the power to decide on the transfer of exemptions. This body, upon application of the party to whose name the exemption was registered or his assigns, may reregister the exemption to the latter. The application is considered in accordance with the rules of the General Administrative Law Act, which for instance offers the applicant the option of lodging an objection against the local authority’s decision.

The new Planning Act and the Planning Decree actually clarify the transferability of exemptions for scheduled and non-scheduled applications. These are not to be confused with the Project Decree (formerly Section 19(1) of the former Planning Act) that is applicable to planning which varies from the designated zoning plan.

For more information, please contact Bart Pijpers, Property Practice.

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