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Retention periods for environmental documents - Brussels-Capital region (1)

Retention periods for environmental documents - Brussels-Capital region (1)

Summary dated 1 September 2021 of the essential legal provisions regarding the retention periods of your archives.

Documents Minimum retention period Format Start date of the retention period Act
Documents relating to planning or allotment permits One is required to post the notification that the permit is granted at the terrain, and one is required to retain the permit and the related file at the place where the works are executed or the operation(s) is(/are) carried out, for the duration of the works or the operations (2) Original With relation to works: before the commencement of the works
With relation to the other cases: as from the preparations of the operation or the operations
Article 194/2 Brussels Town and Country Planning Code
Documents relating to environmental permits One is required to post the permit and any related decision to the building where the establishments are situated, as well as nearby on a place that is visible from the public roads, and this for the entire duration of the permit (2) Original As from the date of the document Article 63, 1° Ordinance of Brussels-Capital region of June 5th, 1997 concerning the environmental permits
Environmental report No retention obligation is imposed
However, one is required to draft an environmental report
Article 63, 7° Ordinance of Brussels-Capital region of June 5th, 1997 concerning the environmental permits
Registers of wastes Persons who carry out waste processing activities, and producers, collectors, transporters, dealers, brokers of dangerous wastes are required to retain the information and the exhibits of the registers for dangerous wastes for 5 years.

The following persons are also required to retain a waste register: the holder of wastes other than domestic wastes for wastes that he produces or possesses; the transporter of wastes for wastes that he transports; the collector, dealer and broker for wastes that he transports, collects, deals in or brokers, and the operator of a collecting or processing facility for wastes that he collects and/or processes. The law does not provide a retention period.
Original No commencement date for the retention period is provided for by law Article 45 Ordinance of June 14th, 2012 concerning wastes and article 1.7 Decision of Brussels Capital Government of December 1st, 2016 on the management of wastes

Although we have composed this list with much care, Merak N.V. cannot be held responsible for any errors or any changes made to legislation.

(1) On the basis of article 6, § 1, II of the special act regarding the reform of the institutions of August 8th, 1980, the regional bodies are competent for most aspects regarding the environment and the water policy. The federal state is only competent to establish the product standards and the protection against ionising radiation, including radioactive wastes. As a consequence, there are separate regulatory instruments in the Flemish region, the Brussels-Capital region and the Walloon region.

(2) It is advisable to retain a (copy of) the permit and all the related decisions during the validity of the permit, and for a sufficient period thereafter in order to be able to safeguard one’s rights. With relation to planning and allotment permits, it is advisable to retain (a copy of) the documents as long as one is owner, or as long as one has a right in rem in the immovable property, as well as during some years thereafter.

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