CLASSIFY YOUR HOUSE, LET'S BREAK THE PRECONCEIVED IDEAS

Brussels is renowned for its architecture, notably Art Nouveau and Art Deco, especially in the municipalities of Etterbeek and Ixelles. Passionate about art, architecture or the decorative arts, is it easy to classify an architect's house? How to protect this heritage? Are you the proud owner of a Horta, Blomme, de Lestré, Pompe, Van de Velde house, etc.? Through this newsletter, Lecobel Vaneau will open up some possible answers to this vast thematic which affects Belgian real estate heritage.

What are the responsibilities of the owner?

The owner is under the obligation to keep his property in good condition and to respect the special conditions of conservation. It is therefore prohibited for it to ugly, damage or destroy it. However, transformation, modification or improvement is authorized for its protection. It is essential that the historic and essential parts are preserved.

To do this, who can submit a classification request?

The owner of the property,
An ASBL whose object is the safeguarding of heritage (and which has collected 150 signatures from residents in the Region),
Institutions: regional government, the College of Burgomasters and Aldermen, the Royal Commission on Monuments and Sites
Then what are the procedures that follow?

Upon receipt of a complete file, several organizations will issue an opinion. If the classification request is validated by the Government, this government decree is sent to the Belgian Monitor and to the Mortgage Conservation Office for publication.

The classification is not irrevocable, because if new circumstances diminishing the interest of the property appear, the Government, with the approval of the Royal Commission on Monuments and Sites, can authorize the decommissioning.

What are the (important) advantages of classifying your property?

The classification of a property by the Region is, above all, the recognition of its heritage value. But above all, there is no "cost" for the owner, only financial advantages:

a) Exemption from the property tax, total or partial

A classified property, not being the object of a commercial exploitation, can profit from an exemption from the property tax, total or partial, according to the extent of protection:

Reduction amount and accessibility agreement:

The reduction is 25% for goods whose facade is protected;

The reduction may be greater, if an agreement of accessibility to the public, during the Heritage Days, is concluded with the Directorate of Cultural Heritage:

50% for goods whose interior or garden is protected, in whole or in part;
100% for fully protected assets.

b) Subsidies for restoration and conservation

The classification generates prevention, maintenance or even regular restoration work to guarantee the integrity of the building. The works require a heritage certificate (in advance of the town planning permit) - if they are carried out identically. It even turns out that the works can be fully covered by the Region and by the municipality if the owner refuses to carry them out. The Region and the municipality can, however, later recover the costs generated from the owner.

c) Possibility of deviating from allocations legally provided for in the Regional Land Use Plan

Under certain conditions (including the opinion of the Royal Commission on Monuments and Sites).

Let's break the preconceived ideas: to classify your property is to attract constraints. Fault !

The owner is not obliged to allow public access during Heritage Days. It depends on the type of property and is discussed with the Heritage Service.
To classify your property is not to "museify" it. Spaces can be arranged according to current needs. A good must be able to be used to survive and be transmitted.
There is no distinction in the classification conditions between the interior or exterior of the building. The restoration project is analyzed globally. Experts obviously take into account the functionality, especially if it is manned. We can only partially classify the interior.
To decide to introduce a classification request is to bring added value to the status of the property, valued in the event of sale, while being supported by the authorities.

“Architecture is the great book of humanity, the main expression of man in his various states of development, either as force or as intelligence. "[Victor Hugo]

I would like to thank Ms. Muriel Muret, First Attaché ff., Cultural Heritage, for her precious clarifications.

Sources:

“Protected Monument”, in Preparation, in Purchase and Sale, in Housing, in Belgium.be (2019), [https://www.belgium.be/fr/logement/achat_et_vente/preparation/monument_…], (14/06 / 2019).

"The classification of property in the real estate heritage", in Legal Abstracts, in Real Estate Law, in Belgian Law News, (07/10/2014), [https://www.actualitesdroitbelge.be/droit-immobilier/abreges- legal / classification-of-property-in-real-estate-heritage / classification-of-property-in-real-estate-heritage], (14/06/2019).

"Reduction of the property tax", in Tax benefits, in Financial assistance, in Action, in Reception, in Patrimoine.Brussels, [http://patitage.brussels/agir/aide-financiere/avantages-fiscaux], (17/06 / 2019).

Lecobel Vaneau
Place Brugmann 11, Ixelles 1050
Tel : +32 2 340 72 70
@ : lecobel@lecobel.be