Construction freeze in Brussels after nature associations win landmark court case

Construction projects have been halted in all of Brussels' undeveloped green areas after several nature associations and 1,330 Brussels residents won their court case concerning the development of undeveloped natural areas for building.

The judge has issued a temporary ban on construction in these areas until 31 December 2026 or until a new zoning plan is in place, Bruzz reports.

The court said that the Brussels region must “take the necessary measures to suspend the urbanisation and paving of undeveloped land larger than 0.5 hectares within its territory”.

“This ruling is the result of a long mobilisation and makes it possible to temporarily protect numerous threatened sites,” the nature associations said in their reaction to the ruling.

“A judicial construction ban for certain areas is a historic decision, not only at regional level, but worldwide. As far as we know, it’s a world first. We’re not aware of any ruling in which a judge has imposed a construction moratorium on an entire city.”

According to the nature associations, the ruling has an impact on construction plans for sites such as the Josaphat site and Carré des Chardons in Schaerbeek, the Marais Wiels and the Bempt site in Forest, and the Grand Forestier zone on the border of Auderghem and Watermael-Boitsfort.

The temporary construction freeze applies to construction projects covering an area larger than half a hectare, which is almost as large as a football field, regardless of whether or not they have already been granted a permit.

“We went to court because these green spaces are important in protecting the city from the effects of the climate crisis,” said Søren Stecher-Rasmussen of We Are Nature.

“Brussels will face extreme heatwaves or heavy rainfall in the coming years, as we have already seen in Valencia and Verviers. Nature areas help to reduce the impact of this by lowering the temperature and absorbing water.”

Stecher-Rasmussen said the nature associations wanted to protect the last remaining pieces of nature, covering some 150 to 200 hectares, throughout Brussels.

“We want to lay this down in a new regional zoning plan, but that plan is not yet in place, so we have asked the court to impose a moratorium on building in these green areas, otherwise all these areas will be built on before we have had a chance to protect them,” Stecher-Rasmussen said.

“The court has accepted our arguments. Brussels has committed itself to protecting nature in various international treaties. We now have some time to continue working on a climate-proof zoning plan, until the end of next year.”

The associations also cite the Brussels housing crisis as another motivation for their action.

“For us, the fight against the climate crisis and the housing crisis go hand in hand, and there is no question of ‘nature versus housing’,” they said in their statement.

“In our opinion, Brussels should follow the example of cities such as Amsterdam, Paris and Berlin, and focus much more on converting empty office buildings into housing, making vacant homes available and better regulating the housing market. The housing crisis mainly affects those on the lowest incomes. There is no need to build on even more green space.”

In the 48-page judgment, the court points out, among other things, that the region is not complying with its own climate targets by continuing to issue permits for projects that further pave over the territory. Such projects reduce, for example, the natural area that can store CO₂.

Both the cabinet of outgoing Brussels minister-president Rudi Vervoort (PS) and that of outgoing state secretary for urban development Ans Persoons (Vooruit) say they were studying the ruling and its impact.

Both parties are in favour of building homes on the Josaphat site, which is one of the areas now affected by the temporary ban.

Outgoing Brussels environment minister Alain Maron (Ecolo) sees the decision as an opportunity.

“It’s crucial that a Climate Action Plan (GBP) is put in place to protect residents from the effects of climate change,” Maron said, agreeing that, until such a plan is in place, there should be a moratorium on the development of green sites with high biological value.

“The Ecolo faction in the Brussels parliament has submitted a proposal to this effect,” Maron added, noting that the Ecolo and Groen parties are opposed to the development of the Josaphat site.

The government can still appeal, but that step will not have a suspensive effect, meaning the ban would be upheld during such a process.

The claimants say that if the region fails to produce the climate-proof zoning plan ordered by the judge by the end of 2026, they will go back to the courts for an extension of the ban.

“In addition to the real estate sector, there will be two main victims: the region, which will receive less revenue from land registration fees, and residents, who will see rents rise,” said Stéphan Sonneville, chief executive of property developer Atenor, calling the ban surprising and radical.