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Building a villa which is inconsistent with zoning guidelines but in accordance with the regulations

A plot of land has various potential uses, some of which may not be permitted under the zoning guidelines. In other words, the use in question is inconsistent with the current planning rules.

An obvious example of this is a house in a nature reserve. Such a construction can be regarded as legal if it is granted or deemed to have been granted planning permission.

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Legal options for zoning-inconsistent building on a plot

The options for renovating or rebuilding a dwelling in a way that conflicts with zoning guidelines are determined by law. The rules depend on the situation. At the time of the application for planning permission, the dwelling must not be in a dilapidated state: in other words, it must meet the basic requirements of stability.

A permitted dwelling

In addition, the dwelling must be granted or deemed to have been granted planning permission. There are also rules for detached outbuildings. A zoning-inconsistent dwelling may be built/rebuilt/extended up to a maximum volume of 1000 m³, with a volume increase of up to 100%.

By the way, did you know that in a zoning-inconsistent dwelling, even a space for exercise of up to 100 m² is possible? If it is in an adjacent shed, it does not count towards the maximum volume of 1000 m³.

Willy en Sebastiaan Van Kerckhoven

Our expertise

Putting together a planning application that is inconsistent with the zoning guidelines requires a specific approach based on experience and expertise. Discussions with the right authorities are very important in this context. Consulting and negotiating with the competent authorities is one of the strengths of Magnus Villas. Over many years we have built a variety of zoning-inconsistent dwellings, each with its own set of issues. 

In the course of these projects we’ve gained the necessary expertise to give you professional guidance as you reconstruct or renovate your home.

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The process of building outside the zoning area

This process is more or less the same as our other projects. Only the beginning is a bit different. We discuss the zoning-inconsistent construction plans with you. Then we investigate the maximization of the zoning-inconsistent construction plans. This may have already been done by you. Then we continue with our ‘regular’ process.