What is a Soil Certificate?
A soil certificate is issued by the Public Waste Agency of Flanders (OVAM). The document indicates whether OVAM has relevant data on soil quality. This is the case if a ground is included in the land information register (GIR). A soil is included in the GIR if the OVAM receives relevant data concerning a soil investigation or obtains information about the presence of activities with a risk of soil contamination, a report of a claim, etc.
When do you have to apply for a soil certificate?
The Soil Decree provides that a soil certificate is mandatory for all agreements where the land changes owner. The soil certificate is an essential part of the compromise or sales agreement. A suspensive condition of obtaining such a certificate is therefore not accepted in the case of law and may give rise to the nullity of the agreement.
Why do you have to apply for a soil certificate?
The objective of the soil certificate is twofold. On the one hand, it serves to inform the buyer and to provide him with the necessary protection against potentially contaminated land. On the other hand, to prevent contaminated land from being sold or transferred without further measures.
What should you do if your soil is contaminated or is included in the register?
If there are or were activities on the ground with a risk of soil contamination, then one speaks of a high-risk land. If you are wondering whether a land is a high-risk area, you should check with the municipality, which has a municipal inventory of risk grounds.
If it concerns a high-risk land, the seller must first have an exploratory soil investigation performed and submitted to OVAM.
The conducting of an exploratory soil investigation must be carried out by a recognized soil remediation expert. This expert will take the necessary soil samples and then carry out an analysis to check whether there is effective pollution. The soil remediation expert will submit his report on this research to OVAM. If the OVAM determines that the soil is not polluted after this exploratory soil investigation, OVAM will issue a soil certificate with which the transfer can take place.
If the soil expert finds, during his investigation, that there is contamination then he will have to prepare a descriptive soil investigation in which the contamination is mapped out in detail and a remediation plan is drawn up. The soil remediation expert will also have to submit this report to the OVAM, who will decide if remediation works must be carried out, who is responsible for this and who will have to pay the costs. Only when concrete agreements have been made between buyer and seller and whether or not during or after the soil remediation project has been completed can the transfer of the land take place.
A land included in the GIR is not always a high-risk land. After all, a ground may be included in the GIR as a result of the voluntary execution and submission of an exploratory soil investigation.
When will you receive a blank or favorable soil certificate?
If a soil is not included in the GIR, a blank soil certificate is issued. This means that the OVAM does not have any relevant data on that land and therefore can not make any pronouncements about the soil quality. A blank soil certificate does not mean that the soil is or can not be contaminated.
Where can you apply for a Soil Certificate?
The application for a soil certificate must be made to the Public Waste Agency of Flanders (OVAM).
We are happy to help you with applying for your soil certificate.
When do you have to apply for a soil certificate?
The Soil Decree provides that a soil certificate is mandatory for all agreements where the land changes owner. The soil certificate is an essential part of the compromise or sales agreement. A suspensive condition of obtaining such a certificate is therefore not accepted in the case of law and may give rise to the nullity of the agreement.
Why do you have to apply for a soil certificate?
The objective of the soil certificate is twofold. On the one hand, it serves to inform the buyer and to provide him with the necessary protection against potentially contaminated land. On the other hand, to prevent contaminated land from being sold or transferred without further measures.
What should you do if your soil is contaminated or is included in the register?
If there are or were activities on the ground with a risk of soil contamination, then one speaks of a high-risk land. If you are wondering whether a land is a high-risk area, you should check with the municipality, which has a municipal inventory of risk grounds.
If it concerns a high-risk land, the seller must first have an exploratory soil investigation performed and submitted to OVAM.
The conducting of an exploratory soil investigation must be carried out by a recognized soil remediation expert. This expert will take the necessary soil samples and then carry out an analysis to check whether there is effective pollution. The soil remediation expert will submit his report on this research to OVAM. If the OVAM determines that the soil is not polluted after this exploratory soil investigation, OVAM will issue a soil certificate with which the transfer can take place.
If the soil expert finds, during his investigation, that there is contamination then he will have to prepare a descriptive soil investigation in which the contamination is mapped out in detail and a remediation plan is drawn up. The soil remediation expert will also have to submit this report to the OVAM, who will decide if remediation works must be carried out, who is responsible for this and who will have to pay the costs. Only when concrete agreements have been made between buyer and seller and whether or not during or after the soil remediation project has been completed can the transfer of the land take place.
A land included in the GIR is not always a high-risk land. After all, a ground may be included in the GIR as a result of the voluntary execution and submission of an exploratory soil investigation.
When will you receive a blank or favorable soil certificate?
If a soil is not included in the GIR, a blank soil certificate is issued. This means that the OVAM does not have any relevant data on that land and therefore can not make any pronouncements about the soil quality. A blank soil certificate does not mean that the soil is or can not be contaminated.
Where can you apply for a Soil Certificate?
The application for a soil certificate must be made to the Public Waste Agency of Flanders (OVAM).
We are happy to help you with applying for your soil certificate.