Soil Data Bank finally available in Wallonia
The new Soil Data Bank is accessible to all since 9 April 2018.
On 1 March 2018, the Walloon Parliament has adopted the Decree on soil management and soil remediation (Décret relatif à la gestion et à l’assainissement des sols), being a new version of the Walloon Soil Decree which will enter into force on 1 January 2019. It namely implements the long-awaited "Soil Data Bank" (Banque de Données de l’Etat des Sols - BDES). The Soil Data Bank is accessible to all since 9 April 2018 and contains for each cadastral parcel the available data related to a potential soil pollution. This will allow anticipating on administrative procedures that would be required, particularly in the event of a transfer of land or permit application. The Soil Data Bank will be regularly updated with the results of future investigations.
Until 1 January 2019, the Soil Data Bank is available for information purposes only. As from 1 January 2019, some information contained in the Soil Data Bank will remain purely indicative but different obligations will also come into force :
- Soil investigation or remediation: the information available in the Soil Data Bank for a given plot may generate an obligation to proceed to a soil investigation or remediation, if a triggering event is encountered and provided that no derogation applies. Special measures from soil control certificates and / or attestation that are already issued could also be taken into account.
- Provision of a certified copy of the Soil Data Bank information, i.e. in case of transfer of land or environmental permit application with regards to a risk facility or activity.
SophieVan BerkelProfessional Support Lawyer
Sophie is a member of the Loyens & Loeff Real Estate Practice Group in Belgium and a professional support lawyer in our office in Brussels.T: +32 2 773 23 41 E: firstname.lastname@example.org