If you want to start a business in Flanders, you need to check whether you need an environmental permit to operate classified establishments or activities. In some cases, there is only a notification requirement. This depends on whether your company belongs to class 1, 2 or 3 of the Flemish Regulation on Environmental Permits (VLAREM).
What has changed?
On 23 February 2017, the environmental permit, planning permit and subdivision permit were merged into the single permit.
- The environmental permit was of definite duration. The environmental permit is of indefinite duration. This allows the permit holder to make business investments without having to consider the permit's expiry date. However, public participation and protection of people and the environment are still guaranteed.
- The possibility of amending the application during the procedure should avoid every problem leading to the restart of the procedure. For complex projects, the government may be obliged to organise a project meeting at the request of the initiator.
- The digital way of working makes the procedure simpler, faster and more efficient.
Public cible
- Onderneming
- Organisatie
Conditions
Conditions
First check which class your business belongs to. Classes 1, 2 and 3 indicate the degree of potential nuisance of your business to people and the environment. The classification into classes is based on the nature and importance of the environmental impact.
- Class 1 means the most annoying activity.
- Class 2: less annoying activity.
- Class 3: the least annoying activity.
The VLAREM roadmap helps you determine your company's class. You will also find out whether you need a permit or a notification, and if so, which permit and for what purpose. You can also consult the most recent VLAREM list.
Depending on the class, you will need a different environmental permit:
- For class 1 and 2, you need a permit.
- For class 3, only notification is required.
Procedure
Procedure
Files at Flemish and provincial level (first instance)
All Flemish and provincial projects
- Flemish projects and projects involving 2 or more provinces
- provincial projects and projects involving 2 or more municipalities
- Class 1 classified establishments or activities
- notifications, adjustments,...that belong to the above projects
must be submitted via the online Environment Desk to the deputation of the province where the operation will take place.
Flemish and provincial projects in facility municipalities are still submitted on paper to the deputation of the province where the operation will take place.
Following the application, one public enquiry and one advisory round are organised. The permit is granted or refused within 4.5 months.
Files at local level (municipalities)
Local files for classified facilities or Class 2 activities must be submitted via the online Environment Counter to the College of Mayor and Aldermen of the municipality where the operation will take place.
Local projects in facility municipalities are still submitted on paper to the College of Mayor and Aldermen of the municipality where the operation will take place.
Following the application, one public enquiry and one consultation round is organised. The permit is granted or refused within 3.5 months.
Reporting obligation
Does your business belong to class 3? Then you are only obliged to report it.
Appeal
If your permit is refused, you can appeal against this decision.
- Class 1 companies can appeal to the Flemish Government.
- Class 2 companies can appeal to the provincial deputation.
Conversion of current environmental licences
For certain environmental licences, an operator can request conversion to an open-ended environmental licence via a simple procedure in the environment counter. The current environmental permit must meet the conditions below.
- The environmental permit was granted for 20 years.
- The conversion is requested between the 48th and 36th month before the end of the environmental permit.
- The urban development operations necessary for the operation of the classified establishment are mainly authorised at the time of the request for conversion.
- The demand for conversion does not require an EIA or appropriate assessment.
- Neither the public concerned nor the advisory bodies submit a reasoned objection during the conversion procedure.
In all other cases, to renew the environmental permit, the operator must submit a new application in the online environment counter.
Assistance with the application for the single permit
Do you need help applying for your permit? Contact your municipal environmental department.