A few months ago, the Brussels Parliament approved the Brussels Code on Air, Climate and Energy Management. The Code provides various measures to improve air quality, to increase the energy efficiency of buildings and to protect the climate. As part of these measures, and in order to encourage the use of alternative means of transport, the Code will limit the maximum authorised capacity of existing car parks for office buildings
Thresholds
The Brussels Code on Air, Climate and Energy Management will impose stringent maximum capacity thresholds for the car parks of existing office buildings.
For the office buildings which are considered as well accessible by public transport, which include the office buildings that are located in Brussels' European area, in the central business district or in the vicinity of the North or South railway stations, the Code provides that the number of parking spaces in the building's car park is limited to two parking spaces for the first tranche of 250m² of office space and to one parking space for each additional 200m² tranche of office space. For office buildings that are located in areas that are less accessible by public transport, the Code allows the operation of one parking space per 100m² or per 60m² of office space.
These thresholds apply not only to new office buildings but also to existing office properties, on the occasion of renewal or extension of the environmental permit that covers the operation of their car parks.
Parking spaces that exceed the maximum threshold must be made public or become subject to a significant environmental levy.
Most of the existing car parks for office buildings in the Brussels Region significantly exceed the Code's maximum authorised capacity. The Code provides that parking spaces that exceed its maximum capacity thresholds may no longer be used unless (i) the relevant parking spaces are converted into public parking spaces or (ii) the operator of the property accepts to pay a yearly environmental levy per parking space in excess of the thresholds.
With regard to office buildings that are considered as well accessible by public transport, the Code fixes the annual levy at an amount of EUR 450 for the first year in which the environmental permit covering the operation of the car park is granted, renewed or extended. For office buildings that are located in areas that are less accessible by public transport, this amount is equal to EUR 350 or EUR 250. In each subsequent year, the levy will be indexed and, in addition, increased by 10% during the entire term for which the permit was granted (i.e. 15 years in principle).
Entry into force
The entry into force of the Code is expected in the first quarter of 2014.
The Code has not yet entered into force yet and its precise date of entry into force is to be fixed by the Brussels Regional Government. From our contacts with the authorities we understand that several enacting decrees, which are necessary for the application of the Code, are under discussion within the Brussels Government.
These decrees need to be in place before the statute can be applied.
Therefore, the entry into force of the Code is expected, at the earliest, to be in the first quarter of 2014.
The new thresholds will be applicable to all permit applications that were filed after the date on which the Code entered into force. They will not apply to applications that were filed before that date.
The Code provides that the capacity thresholds will be applied to existing car parks for which a request for renewal or extension of the environmental permit covering their operation is filed after the Code has entered into force.
As a result, the thresholds will not automatically apply to permit renewals or extensions that were filed before the Code entered into force.
Consequently, it is highly advisable to file permit applications for car parks, including applications for renewal or extension of the environmental permit for existing car parks, in the next few months, i.e. before the Code enters into force.
