Article 102.

§1.
An Environment Permit for the parcelling of land whereby no new roads are constructed or the route of existing municipal roads does not need to be changed, widened or eliminated shall lapse ipso jure if:

the sale, lease for more than nine years or establishment of a leasehold or building lease in respect of at least one third of the parcels has not been registered within a period of five years from the issue of the definitive Environment Permit;
such registration of at least two thirds of the parcels has not taken place within a period of ten years from the issue of the definitive Environment Permit.

 
For the application of subparagraph 1:

the following shall be equated with sale: the division of estate and donation, on the understanding that just one parcel per partner or beneficiary shall be eligible;
the sale, lease for more than nine years or establishment of a leasehold or building lease of the parcelling as a whole shall be ineligible;
only rental that is aimed at allowing the tenant to build on the leased property shall be eligible.

  
For the application of subparagraph 1, temporary building by the parceller in accordance with the Environment Permit for the parcelling of land shall be equated with sale.

§2.
An Environment Permit for the parcelling of land whereby new roads are constructed or the route of existing municipal roads is changed, widened or eliminated shall lapse ipso jure if:

the charges to be executed immediately have not been delivered or guarantees relating to the execution of these charges have not been provided in the manner stated in article 75 within a period of five years from the issue of the definitive Environment Permit;
registration of the legal transactions stated in paragraph 1 has not taken place in respect of at least one third of the parcels within a period of ten years from the issue of the definitive Environment Permit;
registration of the legal transactions stated in paragraph 1 has not taken place in respect of at least two thirds of the parcels within a period of fifteen years from the issue of the definitive Environment Permit.


For the application of subparagraph 1, temporary building by the parceller in accordance with the Environment Permit for the parcelling of land shall be equated with sale.

§3.

If the Environment Permit for the parcelling of land expressly mentions the different phases of the parcelling project, the time limits for lapsing stated in paragraphs 1 to 2 inclusive shall be calculated per phase. For the second and subsequent phases, the time limits for lapsing shall therefore be calculated from the start date of the phase in question.

§4.

The lapse stated in paragraph 1 and 2, 2° and 3° shall only apply with respect to that part of the parcelling that has not been built on, sold, leased or subjected to a leasehold or building lease.

§5.

Without prejudice to paragraph 4, an automatic lapse cannot be invoked vis-ŕ-vis persons who avail themselves of the Environment Permit for the parcelling of land if they can demonstrate that, after the lapse and in relation to one or more of their parcels within the parcelling, the authority allowed changes to this Environment Permit or granted urban development or building permits or urban development certificates, insofar as these were not found to be unlawful by the higher authority or the courts.

§6.

The Government of Flanders can take measures in relation to notification of automatic lapses.