REALWorld Law

Construction

Public procurement

Are public private partnerships (PPPs) common? Are they promoted or encouraged by the government?

Belgium

Belgium

It is common in Belgium for significant infrastructure and/or building projects to be established through public-private partnerships (PPPs). Examples include the development of brownfield sites and the building of bridges and new roads, schools and sport infrastructure. The recent decade has seen an increase in PPPs, with the administration often seeking to act as a private party, before resorting to administrative acts (eg buying a plot of land before expropriating it).

In the Flanders Region, this form of co-operation is explicitly encouraged and the Decree dd. 18 July 2003 governs PPPs in Flanders. The decree contains the framework within which these partnerships are to be constructed.

In the Walloon and Brussels Capital Regions, there is no special legislation regarding PPPs, but such partnerships or forms of co-operation are however used in these regions. In the Walloon Region, the ‘Cellule d’Informations Financières (CIF) advises, supports, designs and implements procedures and monitoring tools on PPP projects.

PPPs are often governed by private (contract) law. If it qualifies as a public contract, the regulation regarding government contracts (see supra) is applicable.