3 ECTS credits
75 h study time
Offer 1 with catalog number 4023939DNR for all students in the 2nd semester at a (D) Master - preliminary level.
1. OBJECTIVES
The pedagogical objectives of the Urban and Construction Law course are to provide students
with a high level of knowledge in the field of urban and construction law in the framework of
the Advanced Master in Transformation Urbanism (programme co-organised with the Faculty
of Architecture) and the MSc in Civil and Architectural Engineering (joint BRUFACE
programmes with the VUB).
At the end of the course, students will be able to understand and use the concepts of planning
and construction law. Students will have been made aware of the legislative and
jurisprudential aspects of the risks associated with urban planning and construction law in
project examples.
A progressive and inductive approach will be favoured, based on real cases to present the legal
rules as well as the European developments applicable in this field.
The acquisition of this legal knowledge will be an opportunity to develop analytical and
critical thinking about urban planning and construction law.
2. SUMMARY OF CONTENT
The teaching project of the Urban and Construction Law course is aimed at students enrolled
in the Advanced Master in Transformation Urbanism and MSc in Civil and Architectural
Engineering programmes. The teaching project aims to teach urban planning and construction
law from a risk perspective.
The student will be able, based on the teaching he will have received, to identify and
recognize the legal risks associated with these items. In the long run, he will also be able to
determine the means of reducing legal risks by an adequate allocation of these risks.
Summary of content:
1. EUROPEAN LAW AND URBAN LAW
1.1 European law and urban law
1.2 Subsidiarity and proportionality EU principles
1.3 Environment conservation as EU policy
1.4 Directive 2011/92/EU of 13 December 2011 on the assessment of the effects of certain
public and private projects on the environment
1.5 Directive 2001/42/EC of 27 June 2001 on the assessment of the effects of certain plans
and programmes on the environment
1.6 EU directives on nature conservation
1.6.1 Directive 2009/147/EC of 30 November 2009 on the conservation of wild birds
1.6.2 Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of
wild fauna and flora
1.7 Directive 2006/123/EC of 12 December 2006 on services in the internal market
1.8 European Convention on Human Rights and the Environment
1.9 Study cases – materialisation of the risks related to mismanagement of the European
law in urban projects
2. NORMATIVE HIERARCHY IN URBAN LAW IN BELGIUM
2.1 Normative hierarchy and the theory of separation of powers
2.2 Normative hierarchy according to Belgian constitutional law
2.3 Tools for regulations and orientations in the 3 Belgian regions
2.4 Study cases – materialisation of the risks related to mismanagement of the normative
hierarchy in urban projects
3. RISKS RELATED TO CONSTRUCTION PROJECTS
3.1 Risks in the design phase
3.2 Risks in the construction phase
3.3 Risks in the operation/maintenance phase
3.4 Interface risks
3.5 Study cases of risks materialisation
4. URBAN AND CONSTRUCTION LAW AND RISKS IMPACTING URBAN
PROJECTS
ULB course fiche: URBA-H9002
FORMAT
a. Study cases, collaborative and ex-cathedra classes
A progressive and inductive approach will be favoured, based on real cases to present the legal rules as well as the European developments applicable in this field.
The acquisition of this legal knowledge will be an opportunity to develop analytical and critical thinking on the subjects of urban and construction law.
COURSE MATERIAL:
Digital presentation/Digital course material will be provided.
Selection of case law will be provided.
CONTACT
Kim Eric MÖRIC* (Ph.D.)
Avocat
Maître de conférences (ULB - VUB)
Kim.moric@ulb.be
0476.749.857
At the end of the course, students will be able to understand and use the concepts of urban and construction law in Belgium. Students will have been made aware of the legislative and jurisprudential aspects of the risks associated with urban and construction law through a study of cases.
The final grade is composed based on the following categories:
Other Exam determines 100% of the final mark.
Within the Other Exam category, the following assignments need to be completed:
During the year an evaluation is made based on a written report understanding a caselaw.
At the end of the year an evaluation is made based on a final individual written report studying a project and assessing it in regard of the risks identified in the course.
This offer is part of the following study plans:
Master of Civil Engineering: Standaard traject (only offered in Dutch)
Master of Architectural Engineering: Default track (only offered in Dutch)
Master of Civil Engineering: Standaard traject (BRUFACE)