Flemish Soil Decree: Some Relevant Changes

In the Flemish Region soil pollution matters are covered by the Soil Decree of 27 October 2006. With two Decrees both dated 17 May 2024, the Flemish legislator made some changes the Soil Decree. Although these changes do not fundamentally alter the decree, it is worth mentioning some of them.

• The competent authority (the Flemish Public Waste Agency - OVAM) may ask the person liable for remediation to provide a financial security to guarantee the execution of descriptive soil investigation, soil remediation or aftercare measures. Previously, a financial guarantee had already to be provided in case of a transfer of land taking place before a descriptive investigation was established or before remediation works were carried out (known as the "accelerated transfer procedure"). Now, the right to impose a financial guarantee applies as a general possibility as soon as a remediation obligation applies.