The new year brings a series of important changes within environmental law. These developments are relevant for all professionals active in this field. Below, we list the most important - already approved - changes in Flemish environmental law for 2026.

1. Mandatory EPC NR without transfer or lease
   First of all, there is a notable change regarding energy performance certificates (EPC). As of 1 January 2026, all large non-residential building units (e.g., offices, supermarkets, schools, etc.) located in the Flemish Region with a usable floor area of less than 1,000 m² are required to have a valid non-residential EPC (EPC NR) at any moment. For these building units, the EPC requirement will therefore no longer only apply in the case of notarial transfers or leases but must always be available. For non-residential building units with a usable floor area of more than 1,000 m², this obligation had already entered into force on 1 January 2025. The obligation rests with the owner or the holder of a real right on the large non-residential building unit. If no EPC is available, a non-liberating administrative fine of up to EUR 5,000 may be imposed and a deadline will be set within which the EPC must still be drawn up. It is therefore advisable to appoint an energy expert on time so that an EPC is available for your large non-residential building units.
   
   
2. Mandatory installation of solar panels for large consumers
   Secondly, as from 1 April 2026, a new obligation applies for large electricity consumers to install a certain capacity of solar panels on Flemish immovable properties. Owners and holders of a building right or long-term lease right on buildings where the annual electricity consumption from the grid was higher than 1 gigawatt-hour in calendar year 2021 or 2022 are required to have solar panels operational by 1 April 2026. The installation must provide a minimum peak capacity of 12.5 watt-peak per m² of horizontal roof surface. The solar panels may be installed on various locations, such as on the roof, on the facade, on bicycle shelters, on the ground, etc. of the building or site of the relevant connection point. Alternative renewable energy technologies are also allowed to meet the obligation, such as wind turbines, heat pumps, or photovoltaic-thermal installations. If the obligation is not met, a non-liberating administrative fine (EUR 400 per kilowatt-peak of missing capacity) may be imposed. It is therefore advisable to check on time whether your building qualifies as a large electricity sourced from the grid.
   
   
3. Request soil certificates via the Flemish real estate information platform
   Thirdly, an important step is being taken in the context of digitalization and the simplification of information exchange regarding real estate transactions. As of 1 January 2026, all applications for soil certificates in the Flemish Region can only be made via the real estate information platform (VIP). Soil certificates can no longer be requested via the current OVAM Soil Certificate Web Portal. The Web Portal will be phased out and will remain accessible for only about three months for consulting and downloading previously issued certificates. The use of the real estate information platform (VIP) was already required for requesting urban planning information with the municipality. From 1 January 2026, a fee of EUR 5 will be charged for the use of the real estate information platform, in addition to the fee of EUR 67 for the soil certificate itself.
   
   
4. Mandatory EPC for the common parts
   Fourthly, there is an important change within the framework of the Flemish asbestos policy to consider. By 31 December 2026 at the latest, the association of co-owners (VME) of an accessible structure built before 2001 that falls under the system of co-ownership must have a separate asbestos inventory certificate for the common parts. From this date, the VME is required to have available such a certificate even if no transfer takes place. In case of a transfer of a private part after 31 December 2026 both an individual asbestos inventory certificate for the private part and an asbestos inventory certificate for the common parts will be required at the time of the private deed. If this certificate for the common parts is already available before 31 December 2026, it must already be provided to the purchaser in the event of a transfer of a private part. It is important to distinguish this obligation from the obligation to have an asbestos certificate for the commonly used parts. This obligation concerns the “common parts” located within one ownership and arising from a compulsory or voluntary division of the building into different inspection areas for the preparation of asbestos inventory certificates (e.g., in the case of different apartments in a building that do not fall under co-ownership). Such an asbestos certificate for the commonly used parts has already been required for transfers since 1 May 2025. If the required asbestos inventory certificates are not available, this will block the transfer, and the purchaser may also claim the nullity of the agreement. It is therefore important that the VME arranges for an asbestos certificate for the common parts on time.
   
   
5. Amendments to the Flemish enforcement procedure
   From 1 April 2026, several adjustments to the Flemish enforcement procedure will be introduced. Among other things, the possibilities for remediation will change and it will be possible to request “remediation by financial equivalent,” which is compensation for public damage that will remain unremedied. Furthermore, the decision not to prosecute (dismissal) by the public prosecutor’s office can be revoked and can still lead to an administrative sanction. Finally, the powers of supervisors will also be expanded, and the amounts of the surplus value charges will almost double.
   
   
6. Amendment to the Flemish Exemption Decree
   Finally, a last change concerns the Flemish Exemption Decree. This change has not yet been definitively approved but is expected to enter into force in 2026. As a result of this change, a few new urban planning actions will be added to the Exemption Decree and will therefore, under certain conditions, be exempt from an integrated permit. Furthermore, some existing exemptions are also being adjusted or clarified. The most notable changes are:

• Works on the facades and roofs will be exempted if they do not negatively impact energy performance and do not change the physical building volume.
• Internal renovations involving structural works will be exempted if the structural works are supervised by an architect.
• The exemption for plug-in solar panels will be clarified.
• There will be an exemption for the installation of fiber optic networks.
• The construction of installations of military strategic importance aimed at the defense of important infrastructure will be exempted.
• Covered bicycle shelters up to 100 m² in the public domain will be exempted.
• The installation of solar panels and their accessories in the public domain by, on behalf of, or with the permission of the road manager in the verge or on the embankment of motorways or railways will be exempted.

If an action is not included in the Exemption Decree or if the applicable conditions are not met, an integrated permit must be applied for.

A good understanding of these developments is crucial to mitigate legal risks. Our law firm monitors these developments closely and is happy to assist you with advice and guidance regarding your questions!