New Flemish rules on signboards

Until 1 January 2024, the placing of signboards in Flanders was still subject to rules dating from the 1930s and 1950s. As these rules were very outdated and not adapted to the various modern options, the Flemish Government definitively approved the Regional Publicity Regulation 2023 on 12 May 2023. This regulation has two substantive objectives: the promotion of good spatial planning and road safety.

The regulation applies to all signboards put up from 1 January 2024 onwards. Existing signboards therefore remain subject to the old rules.

What are the main changes under the new regulation? We will briefly go over them here.

Advertising media that require a permit

The regulation applies to advertising media that require a permit. Advertising media include any visual means and any structure, including all its components and whether or not it is movable or temporary, which are intended to display advertising messages to the public at a fixed location.

From now on, you must always apply for a permit before you put up a signboard, unless one of the following exceptions applies:

• The signboard is not visible from the public road or public domain;
• The signboard is not illuminated or luminous, hangs from a building and is less than 4m2 in size.

For signboards that do not meet these criteria, an environmental permit must be applied for, which will be assessed more strictly on the basis of the new rules. The following are among the criteria that will be taken into account:

• Whether the signboard impacts road safety or adversely affects the visibility of traffic signs;
• If the signboard is illuminated, whether it dazzles road users and whether it is a dynamic signboard (whose brightness can adjust to the ambient light);
• In the case of flashing signboards, whether traffic is allowed in the vicinity of the signboard (if so, a flashing signboard is not permitted). A temporary traffic ban at an event might be sufficient, for example.

Commercial vs. non-commercial

The regulation introduces more flexible rules for commercial advertising than for non-commercial advertising media and also applies when a switch is made from a commercial to a non-commercial advertising medium.

Public roads

The new regulation applies in principle along all public roads, whereas the old rules did not apply everywhere, which made things very complicated.

Influence on other regulations

Neither sectoral regulations, such as those regarding property heritage or the regulations on private use of the public domain, nor civil law (property rights) are affected. All such rules continue to apply.

We should also note that the local authorities (municipalities) can make these rules stricter. It is therefore always advisable to ensure that stricter rules do not apply locally.

Conclusion

It is clear from this brief overview that if you want to put up a signboard from 2024 to increase the visibility of your company, you must take the new and stricter regulations into account. It will almost always be necessary to check the local rules and apply for a permit.  If you do not do so, you may be fined and required to remove the signboard.

If you would like more information on this subject, do not hesitate to contact your trusted advisor.