On Friday 10 January 2025, Luxembourg's Government Council (cabinet) approved additional administrative simplification measures aimed in particular at facilitating and accelerating the construction of housing.
At the end of the Government Council meeting, the Minister of Housing and Spatial Planning, Claude Meisch, the Minister of Home Affairs, Léon Gloden, and the Minister of the Environment, Climate and Biodiversity, Serge Wilmes, presented at a joint press conference the implementation of several key elements of the catalogue of 40 administrative simplification measures.
These included:
- revision of Article 29bis with the aim of creating more housing and more affordable housing;
- introduction of the principle of "silence means consent" in two phases;
- introduction of trivial limits for smaller-scale works;
- revision of urban planning rules for economic activity zones;
- harmonisation and simplification of environmental instruction procedures.
Revision of Article 29bis foresees:
- more housing and more affordable housing in new neighbourhoods on the same floor space;
- fewer parking spaces, more green spaces;
- harmonisation of the percentages of affordable housing in special development plans (PAP) of at least ten housing units and creation of more affordable housing:areas currently classified as buildable areas according to the PAG: 15%; areas newly classified as buildable areas according to the PAG: 20%; priority housing areas designated by the “housing” sectoral master plan: 30%
The reform of Article 29bis concerns not only private actors, but also public actors.
According to the authorities, this reform will generate for the whole country: 9,300 additional housing units in new neighbourhoods, including 3,600 affordable housing units (without deferred development zones (ZAD)); 14,600 housing units, including 5,600 affordable housing units (with ZAD).
On the introduction of trivial limits for smaller-scale works, the authorities gave the following examples: garden shed 12-20 m2: only declaration, no authorisation; garden shed <12 m2 or photovoltaic installation <30 kWc: neither authorisation nor declaration.
Regarding the introduction of the principle of "silence means consent" in two phases, the first phase will see the introduction of delays in certain procedures (building permits, accessibility for all, listed establishments, road permits, archaeological excavations, water management).
The second phase foresees:
- introduction of "silence means consent" in the event of a deadline being exceeded for any procedure (building permits and state permits) where this is legally possible;
- digitalisation of procedures relating to the issue of permits;
- in environmental matters, the investigation procedures will be harmonised, in particular by introducing the principles of "deemed admissible" and "deemed complete". In the absence of a response from the competent administration within the time limit, the next stage of the investigation procedure is initiated. As a result, the total duration of the investigation procedure is expected to become shorter and more predictable.
The revision of the framework regulation for economic activity zones (ZAE) encompasses the following:
- densification of ZAEs;
- expansion of activities in ZAEs, e.g. service activities;
- possibility of creating housing for company staff, if there are no nuisances incompatible with housing (the amended law of 7 August 2023 on affordable housing supports the construction of affordable employee housing through stone subsidies (75%));
- possibility of renewable energy installations in the ZAE;
- authorisation of activities in the research and innovation sectors in certain areas.
Minister Gloden stressed: "I appreciate courage. I am proud. I am a tradesman. The sum of my communities and my sector is close to the processes that you and your family need. I am ready to build it!"
Optimisation of advisory services
In order to help municipalities and private project owners in planning construction projects, the CFUE (Urban Planning and Environment Facilitation Unit) has set up a service to optimise advice to project owners and to strengthen the assistance missions of administrations for construction stakeholders. This consolidated approach aims to save time and better manage resources.
The "Support for Municipalities" Unit within the Ministry of Housing and Spatial Planning supports municipalities in their affordable housing projects and the implementation of the Housing Pact 2.0. It serves as a point of contact for housing strategies and offers technical, administrative and financial support.
Minister Meisch specified that: "The implementation of administrative simplification measures, in consultation with all stakeholders involved, by optimising the use of available areas and concentrating development in the most appropriate locations, is essential to meet current and future housing needs."
Harmonisation of all environmental instruction procedures
The legislative package proposed by Environment Minister Serge Wilmes aims in particular to harmonise all environmental instruction procedures. It also includes the changes necessary for the transposition of the RED III directive, including in particular deadlines prioritising files related to the deployment of renewable energies.
New thresholds will also be introduced for environmental impact assessments. The creation of NQ PAPs of less than 4 ha will no longer be subject to environmental impact assessment. Also, photovoltaic installations located in green zones and built on already impermeable surfaces will no longer be covered by this legislation.
In terms of water, certain activities will no longer be subject to authorisation, while others will only be subject to declaration.
Finally, the scope of constructions that will no longer be subject to authorisation in terms of the protection of nature and natural resources will be further expanded (e.g. photovoltaic installations built on existing buildings will no longer be subject to authorisation).
Minister Wilmes stated that: "The legal provisions that we are planning aim to harmonise all environmental instruction procedures, particularly in the field of housing and renewable energies. This is a major step forward in favour of administrative simplification from which citizens will benefit. Beyond that, the new measures will help accelerate the energy transition in the face of the climate emergency."
The presentation of these measures is part of the action plan provided for in the coalition agreement to boost housing creation by shortening and simplifying procedures. Until the end of 2025, in addition to the above-mentioned elements and still with the aim of building more and faster, the following measures will be launched:
- introduction of the "Co-Living" housing typology;
- national building regulations;
- introduction of "silence means consent”;
- revision of the procedures for general development plans (PAG) and specific development plans (PAP);
- digitalisation of the procedures for general development plans (PAG) and specific development plans (PAP).