In their analysis of the regulatory framework for tourist accommodation in the Brussels-Capital Region, with regard to the CALI Apartments case in Paris and the subsequent ruling by the Court of Justice of the European Union, and more specifically on the subject of the issuance of urban planning certificates by municipalities, the conclusions of this article by Professor Nicolas Bernard of Saint-Louis University and lawyer Laurent Debroux are quite clear: “… One misconception must be avoided. In itself, this municipal autonomy is not illegitimate; however, it raises questions here since it is in no way organized or regulated by the Brussels Code of Spatial Planning. At the very least, these various elements hardly appear compatible with the requirements of objectivity, transparency, and accessibility that are so dear to European law, let us agree. It would therefore be advisable for the Brussels legislator to take advantage of the ruling of the Court of Justice of the European Union to amend its legislation and bring it into line with EU requirements; incidentally, this clarification of the legal framework can only benefit those currently involved in tourist accommodation in Brussels. For example, there is no deadline for issuing the urban planning compliance certificate. Furthermore, the municipal approval is not always accompanied by sufficient justification, as there is no obligation to provide it. Finally, there is no specific appeal procedure against a decision to refuse approval. The precise scope of municipal control remains undefined, since the ordinance of May 8, 2014, does not specify which urban planning requirements must be verified (land use planning rules? Building permits? Both?), which can lead to arbitrariness.
