To provide everyone with electricity, the electricity generated at power plants must be transported and distributed through a network of electrical connections (overhead lines or underground cables). This must be able to be done in an operationally safe and secure manner. On the other hand, it is sometimes necessary to strike a balance between the general right of the population to electricity supply and the interests of the people living near the route of the lines.
The passage of high-voltage electricity lines over public or private land requires federal permits in addition to regional planning and environmental permits.
Applications are reviewed by the federal authorities when the voltage exceeds 70 kV. In other cases, the regions are the competent authority.
Road permit application
A road permit is required for the use of public land for high-voltage electricity lines.
To obtain that transport permit, applicants must submit an application to the Directorate-General for Energy (DG Energy), in accordance with the provisions of the Royal Decree of 26 November 1973. The application is examined by the managers of the relevant domains (roads, railroads, etc.), stakeholders, regional and municipal authorities. The consultation takes 42 days and is organised by the DG Energy.
Upon completion of the investigation, the DG Energy sends the draft of the requested road permit along with the application to the authority in charge of deciding on it, i.e.:
- the Board of Mayor and Aldermen of the municipality, when the line does not extend beyond the municipal boundaries;
- the permanent deputation of the provincial council, when the line extends across several municipalities but remains within the boundaries of the same province;
In both cases, the decision becomes enforceable only after approval by the King.
- the King, on the proposal of the Minister of Energy, in the other cases.
Application for declaration of public utility
If it turns out that it is not possible to use public land, the power line has to be installed on private land.
A declaration of public utility allows the power line to run across undeveloped private land for the sake of public utility. Therefore, the areas where the power line passes through private land are treated as easements.
The operator of the line must submit an application for declaration of public utility to the Directorate-General for Energy, which will examine the application by asking the municipality to conduct a public enquiry.
This public enquiry will run for two weeks. It is done through posters, but the main owners and tenants concerned, on whose land the pylons are erected and/or the cables are buried, are notified by registered mail. Any complaints or comments following the application will be collected by the Board of Mayor and Aldermen.
After analysis of any complaints or comments, the declaration of public utility is issued by Royal Decree, listing the cadastral plots corresponding to the private land.
