When landscaping a garden in Walloon Brabant – in La Hulpe, Genappe, Lasne, Wavre, Bierge, Waterloo or in their vicinity– certain rules must be followed. These particularly concern the height of hedges, the planting distance of trees, fences and neighbourly relations..
These rules come from several levels of legislation:
The Belgian Civil Code(relations between neighbours).
The Rural Code(planting distances).
Regional or municipal urban planning regulations..
In practice, these rules mainly serve to prevent conflicts between neighbours.. As landscape architects working regularly in Walloon Brabant, we find that most situations are easily resolved when the rules are known and dialogue remains open.
1. Legal distances for planting trees
The distance between a tree and the property boundary is mainly defined by the Belgian Rural Code..
Distances to be respected
According to the generally applied rules:
2 metres minimumfor large trees.
0.5 metre minimumfor shrubs or hedges.
These distances are measured from the centre of the trunk to the property boundary.
These rules aim to avoid several problems:
excessive shade for the neighbour
roots that damage structures
branches that extend beyond the property
In many gardens in Walloon Brabant, we encounter old plantings that do not respect these distances. This does not necessarily mean that everything must be removed: prescription and agreements between neighbours often play a role.
2. Height of hedges between neighbours
The height of hedges often depends on:
the communal planning regulations
the subdivision regulations
or simply an agreement between neighbours
In practice, in many municipalities in Walloon Brabant, the most commonly accepted height for a party hedge is:
approximately 1.80 metres to 2 metres
This height allows for:
preserving privacy
without creating too much shade for the neighbour
In some subdivisions, stricter rules exist. It is therefore always useful to consult:
the subdivision regulations
or the planning department of the municipality.
3. Hedges, branches and roots that extend beyond
The Belgian Civil Coderegulates neighbourly relations.
Two situations are common.
Overhanging branches
If the branches of a tree overhang your neighbour's property:
the neighbour can request that they be cut back
but he cannot cut them himself without permission.
Invasive roots
On the other hand, for roots:
a neighbour can cut the roots that cross onto his property.
These rules exist to avoid conflicts, but in practice, the simplest solution often remains discussion between neighbours.
4. Fences and property boundaries
In Walloon Brabant, the height of fences often depends on:
the communal regulations
the subdivision regulations
the urban planning zone
In many cases:
a fence up to 1.80 metresis allowed without difficulty.
However, some municipalities impose:
specific materials
vegetative hedges
or discreet fences.
In residential areas around La Hulpe, Lasne or Waterloo, landscape integration is often prioritised.
5. Particularities of local regulations
Beyond national rules, municipalities can impose:
mandatory hedges rather than fences
the preservation of existing trees
of restrictions on tree felling
Some municipalities in Walloon Brabant also require a planning permit to fell a significant tree.
Before modifying a garden, it is therefore advisable to check:
the planning department of the municipality
the subdivision regulations
the communal development plan.
6. Situations we often encounter on the ground
In our work as landscape architects, certain situations recur regularly.
Hedges that are too high
Hedges of thuja or laurel can reach 3 to 4 metres, which creates:
significant shade
a loss of light for the neighbour.
Regular maintenance often helps to avoid these tensions.
Planting too close to the boundary
In city gardens or small plots, it happens that trees are planted too close to the boundary.
When these trees grow large, they can cause problems:
roots in patios
branches over roofs
leaves in gutters.
Good landscape design generally helps to avoid these situations.
Very mineral gardens
We are also seeing more and more very mineral gardens:
large terraces
paved surfaces
little vegetation.
These developments can sometimes cause problems:
water runoff
excessive heat in summer
loss of biodiversity.
In recent projects, municipalities often encouragemore greening.
7. The importance of dialogue between neighbours
Legal rules exist to protect everyone, but most situations are resolved simply through dialogue.
In many projects, we see neighbours:
accepting a slightly taller hedge
allowing an existing tree
adapting a development project.
The garden is a shared space in the landscape. A balanced approach often allows for the preservation of both privacy and quality of life.
Conclusion
In Walloon Brabant, the rules regarding gardens are mainly based on:
the Civil Code(neighbouring relations)
the Rural Code(planting distances)
municipal and urban regulations.
Respecting these rules helps to avoid conflicts and to design sustainable gardens.
But experience also shows that the best rule is often the simplest: to design a garden that respects both the landscape and the neighbourhood.
This is precisely one of the roles of the landscape architect: to find this balance between aesthetics, ecology, and good relations.