ENVIRONMENTAL AND ADMINISTRATIVE LAW

Our law firm has sound expertise in assisting individuals, companies and governmental organizations in the field of administrative law.

OUR EXPERTISE :

  • Proceedings before the Belgian Council of State (the so called “Raad van State”)
  • Procedures before the Council for Permit Disputes
  • Annulment and/or suspension of government decisions
  • Ordinary and urgent procedures
  • Advice on urban planning and environmental issues
  • Contacts with the Flanders Environmental and Spatial Planning Desk (the so called 
  • Advice and procedures relating to administrative disputes
  • Advising government institutions, municipalities, intermunicipal bodies
  • Expropriations in the public interest
  • Permits for allotment of estates
  • Land acquisition and compulsory acquisition by government organizations
  • Public/private sector (PPS) cooperation
  • Environmental offenses and crimes

ENVIRONMENTAL OFFENSES
An environmental offense is either a violation or a crime under environmental laws. Such offenses have been removed from the criminal law. In these cases, administrative fines apply. For serious environmental crimes, criminal law remains applicable.

THE ENVIRONMENTAL PERMIT
Applications have to be submitted digitally via the Flanders Environmental and Spatial Planning Desk (the so  called "Omgevingsloket"). The next steps are a public inquiry and one round of advice.
Public participation during the period of investigation of a permit has been provided for: the government is obliged to organize a project meeting at the request of an applying party.
Since 1 August 2018 also retail licenses require an environmental permit.
Our law firm assists you from the start of the application for an environmental permit for various types of projects: purchase or sale of industrial sites, creation or renovation of business premises, project development, retail development projects, etc.
We also assist you if spatial implementation plans (the so called “Ruimtelijk Uitvoeringsplan” and the “Gewestelijk Ruimtelijk Uitvoeringsplan”: the so called "RUP" and "GRUP") have an impact on your project.

THE ENVIRONMENTAL ASPECT IN THE CASE OF COMPANY TAKEOVERS
The sale or purchase of land in case of a transfer via company shares requires special attention because it does not involve a notary to carry out all required checks.
Our office provides assistance with:

  • The selection of parties to carry out technical environmental audits
  • The identification of environmental legal risks (soil, emissions, wastewater)

Following such investigations, our law firm draws up the necessary contracts for buyers or sellers (letters of intent, amended acquisition agreement, declarations and guarantees on environmental matters, etc.) so that all environmental risks are duly taken care of.

MEDIATION AS A PRAGMATIC MEANS OF CONFLICT RESOLUTION
We strongly believe in the usefulness of mediation as a way to solve conflicts. In the event of a conflict, we will assess with you the best form of conflict resolution for your situation: court proceedings or mediation.
Mediation makes it possible to solve conflicts amicably outside the courts.
Even in disputes where no mediator has been appointed by the Court of Commerce, our mediators often succeed in solving conflicts between their clients and other parties by applying mediation techniques.
Our colleagues Lieve Dehaese and Guido Quanten have followed training as mediators in both civil law and business law.