![ML](/sites/moore_law/files/styles/ratio_1_1_medium/public/2026-08/iStock-2208109015.jpg.webp?h=84071268&itok=7yULZxfH) [\#Real Estate](/en/news?topic%5B279%5D=279) [\#Environmental law](/en/news?topic%5B302%5D=302)# Environment-Agriculture Omnibus Decree 2026: what changes from 20 August 2026? 18/08/2026 | Reading time: 4 minutes ![Thibault Verspurten](/sites/moore_law/files/styles/ratio_1_1/public/2025-04/Thibault%20Verspurten_033-Edit_MR.jpg?h=2fd0dc48&itok=iYLxwgMh) Thibault Verspurten Lawyer [Contact](/en/contact) On 10 August 2026, the Decree of 26 June 2026 containing various provisions on the environment, nature, spatial planning and agriculture, commonly referred to as the Environment-Agriculture Omnibus Decree 2026, was published in the Belgian Official Gazette. The decree comprises 143 articles and amends 25 laws and decrees. In addition to technical corrections, it introduces a number of changes with a concrete impact on both businesses and individuals. Most provisions enter into force on **20 August 2026**. ## End of the automatic one-year rule for structures presumed to be permitted The fixed one-year period during which evidence to the contrary could be provided for a structure registered as presumed to be permitted is abolished. From now on, the presumption will only become final once no further appeal can be lodged against the registration decision. However, the related new publication and appeal procedure, including mandatory posting of a notice on the site, will only enter into force at a later date to be determined by the Flemish Government. For owners of a structure registered as presumed to be permitted, this is an important point to bear in mind: definitive status will no longer be obtained simply by the expiry of one year. ## New ground for refusing compensation for planning damage Compensation for planning damage will be refused if the plots concerned form part of an area-based project made possible by the RUP and the prohibition on building or subdivision results from a detailed planning scheme that generates an increase in value at project level. The exception also applies to RUPs that were already adopted before the entry into force, provided that the final decision on compensation for planning damage has yet to be taken. The added-value assessment report will be abolished. ## Guarantee for subdivisions no longer mandatory For environmental permits to subdivide land, the obligation to provide a financial guarantee for certain obligations in kind before the start of the works is abolished. The permitting authority will once again be able to choose between effective performance and guarantees. For the execution of the subdivision deed, a certificate from the municipal executive board will still be required, confirming that the obligations have been performed or guaranteed. At the same time, administrative enforcement will be reintroduced where an obligation is not performed on time, resulting in ex officio performance at the debtor's expense. The new rules apply to applications submitted from 20 August 2026. ## Broader development opportunities in residential reserve areas In residential reserve areas, an environmental permit may now be granted without a prior release decision for the mere demolition or removal of structures and for the felling of trees. A subdivision located partly in a residential reserve area will be possible provided that the regulations for that part do not allow any buildings or paving. For small-scale release decisions (less than half a hectare and less than fifteen ares, respectively), certain requirements concerning mixed use, shared facilities, spatial efficiency and the grouping of homes may be waived on reasoned grounds. ## Digitalisation of urban planning regulations A digital platform will be introduced for the preparation of urban planning regulations, allowing documents and opinions to be exchanged electronically and made available. ## Clarity on the status of dewatering water Dewatering water that is returned to the subsoil or put to beneficial use in accordance with Title II of VLAREM will be explicitly excluded from the definition of waste under the Materials Decree. The applicable VLAREM rules must, of course, continue to be complied with. This removes a legal uncertainty for contractors and developers carrying out dewatering activities on construction sites. ## A solution for owners facing recurring damage caused by protected species The Nature Decree introduces a new purchase obligation: under certain conditions, owners within the VEN or certain special protection zones may require the Flemish Land Bank to purchase their property where recurring damage caused by a protected species could not reasonably have been prevented and, as a result, the value of the property or the viability of the business operations is seriously affected. The detailed conditions will still be laid down by a decision of the Flemish Government. ## Entry into force Most provisions enter into force on 20 August 2026. For, among other things, the new publication and appeal procedure for registration decisions concerning structures presumed to be permitted, the digital platform for urban planning regulations and the reform of the Flemish Land Agency, the Flemish Government will determine the date of entry into force separately. The reporting requirements concerning environmental damage will enter into force at a later date, on 1 May 2027. ## Conclusion The Environment-Agriculture Omnibus Decree 2026 does not in itself constitute a fundamental reform, but it does contain a series of targeted changes that may affect the legal position of owners, developers and operators in the short term. Do you have any further questions? Please feel free to contact our office for a consultation. Moore Law provides expert legal advice in the areas of public procurement law, real estate law, environmental law and corporate law. Broaden your knowledge about [\#Real Estate](/en/news?topic%5B279%5D=279) [\#Environmental law](/en/news?topic%5B302%5D=302) Share this news Contact one of our experts [ ![](/sites/moore_law/files/styles/ratio_1_1/public/2025-04/Thibault%20Verspurten_033-Edit_MR.jpg?h=2fd0dc48&itok=iYLxwgMh) ### Thibault Verspurten Lawyer ](/en/contact) #### Related News ![Architect](data:image/gif;base64,R0lGODlhAQABAAAAACH5BAEKAAEALAAAAAABAAEAAAICTAEAOw==) ###### [ Visa from the Order of Architects: Not a formality, but a source of liability ](/en/news/visa-from-the-order-of-architects-not-a-formality-but-a-source-of-liability) [Cassation](/en/news?topic%5B252%5D=252) [Real Estate](/en/news?topic%5B279%5D=279) [Order of Architects](/en/news?topic%5B280%5D=280) ## Structured data (JSON-LD) ```json { "@context": "https://schema.org", "@graph": [ { "@type": "NewsArticle", "@id": "https://www.moorelaw.be/en/markdownify/node/724", "name": "Environment-Agriculture Omnibus Decree 2026: what changes from 20 August 2026?", "image": { "@type": "ImageObject", "url": "https://www.moorelaw.be/sites/moore_law/files/styles/ratio_1_1/public/2026-08/iStock-2208109015.jpg?h=84071268&itok=_xwKEsy-" } }, { "@type": "WebPage", "@id": "https://www.moorelaw.be/en/markdownify/node/724", "breadcrumb": { "@type": "BreadcrumbList", "itemListElement": [ { "@type": "ListItem", "position": 1, "name": "Home", "item": "https://www.moorelaw.be/en" }, { "@type": "ListItem", "position": 2, "name": "News", "item": "https://www.moorelaw.be/en/news" }, { "@type": "ListItem", "position": 3, "name": "Environment-Agriculture Omnibus Decree 2026: what changes from 20 August 2026?", "item": "https://www.moorelaw.be/en/markdownify/node/724" } ] }, "inLanguage": "en" } ] } ```