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There is a lot of uncertainty (ignorance ?) about the legal context of urban exploration. However, it's interesting to know your
rights if you encounter problems during an urbex adventure.
Before addressing the law itself, let's start with a little common sense : if you're in trouble, stay calm, friendly, and respectful.
If you show your good will, it is likely that you will also be treated with good will. Respect works both ways.
Some detailed legal articles :
CRIMES AND OFFENSES AGAINST PROPERTIES
Art. 484. The break-in consists in forcing, breaking, degrading, demolishing or removing any kind of exterior or interior fence of a house, building, any construction or its dependencies, of a boat, a wagon, a car; force closed cabinets or furniture, intended to stay in place and protect the effects they contain.
DESTROYING FENCES, MOVING OR REMOVAL OF CORNERS
Art. 545. Will be punished by an imprisonment of eight days to six months and a fine of twenty-six euros to two hundred euros, or one of these penalties only, whoever has, in whole or in part, filled the ditches, cut or torn open or dry hedges, destroyed rural or urban fences, whatever materials they are made; moves or removes landmarks, corner stems or other trees planted or recognized to establish the boundaries between different inheritances.
It should be noted that the legislator makes no distinction as to what should be taken into account as "closure". In the case of locking means, simply moving a fence (for example, putting a Heras™ fence aside, even if you don't break anything) is enough to fall under the scope of this article.
CLIMBING
Art. 486. Is qualified climbing : Any entry in houses, buildings, courtyards, backyards, any buildings, gardens, parks, enclosures, executed over walls, doors, roofs or any other kind of fence; Entrance through an underground opening other than that which was established to serve as an entrance.
Climbing is not a crime in itself, but an aggravating factor in the crime of theft.
ATTACKS ON INDIVIDUAL FREEDOM AND THE INVIOLABILITY OF THE HOME, COMMITTED BY INDIVIDUALS
Art. 439. Will be punished by imprisonment for fifteen days to two years and a fine of twenty-six euros to three hundred euros, whoever, without an order of authority and except in cases where the law allows entry the domicile of individuals against their will, [either will have entered a house, an apartment, a room or a dwelling inhabited by others, or their dependencies, by means of threats or violence against people, by means of breaking and entering , climbing or false keys, either will occupy this property, or will stay there without authorization of the inhabitants.] Art. 479. Is deemed to be an inhabited house, any building, any apartment, any accommodation, any lodge, any cabin, even a mobile one, or any other place used for habitation. Art. 480. The outbuildings of an inhabited house are deemed to be courtyards, barnyards, gardens and all other enclosed land, as well as barns, stables and all other buildings enclosed therein, whatever their use, when even they would form a particular enclosure in the general enclosure.
Note that as soon as you enter an uninhabited building, there is not necessarily a home invasion. To be considered a violation of domicile,
the intrusion must take place in a building which must be actually inhabited. Entering abandoned churches, factories, underground structures,
etc. can in no case be the subject of a home invasion.
However, it does not have to be a traditional house. In the eyes of the legislator, a hangar can also serve as a residence. In addition,
entering an outbuilding (shed, barn, garage, etc.) of an inhabited building also comes under the concept of home invasion. An empty house
in which a squatter has taken up residence can also be considered an inhabited building.
THEFTS AND EXORSIONS
Art. 461. Anyone who has fraudulently removed something that does not belong to him is guilty of theft. (Theft of someone else's thing fraudulently for the purpose of temporary use is treated as theft.) Art. 505. Will be punished by imprisonment from fifteen days to five years and a fine of twenty-six euros to one hundred thousand euros or one of these penalties only :
1° Those who have concealed, in whole or in part, things removed, diverted or obtained with the aid of a crime or an offense;
2° Those who have bought, received in exchange or free of charge, owned, kept or managed things referred to in article 42, 3°, while they knew or should have known the origin of these things at the beginning of these operations;
3° Those who have converted or transferred things referred to in article 42, 3°, in order to conceal or disguise their illicit origin or to help any person who is involved in the commission of the offense from which these things originate, to escape the legal consequences of his actions;
4° Those who have concealed or disguised the nature, origin, location, arrangement, movement or ownership of the things referred to in article 42, 3°, while they knew or should have known the origin of these things at the beginning of these operations.
(The offenses referred to in paragraph 1, 3° and 4°, exist even if their perpetrator is also the author, co-perpetrator or accomplice of the offense from which the things referred to in article 42, 3° originate. referred to in paragraph 1, 1° and 2°. exist even if their perpetrator is also the author, co-perpetrator or accomplice of the offense from which the things referred to in article 42, 3° originate, when this offense was committed abroad and cannot be prosecuted in Belgium.)
The things referred to in paragraph 1, 2 °, of this article constitute the object of the offense covered by this provision, within the meaning of article 42, 1 °, and will be confiscated, at the expense of each of the perpetrators. , co-perpetrators or accomplices of these offenses, even if the property does not belong to the convicted person, without this penalty being able however to prejudice the rights of third parties on the property liable to be the subject of confiscation. If his things cannot be found in the convict's patrimony, the judge will carry out their monetary valuation and the confiscation will relate to a sum of money which will be proportional to the convicted person's participation in the offense.)
The attempt of the offenses referred to in 2°, 3° and 4° of this article will be punished by imprisonment of eight days to three years and a fine of twenty-six euros to fifty thousand euros or one of these penalties only.
It goes without saying that as urban explorers, we do not take objects from a place we visit. Take only pictures ! But beware, because
here is a nice trap : the law of June 25, 1964 added a second paragraph to article 461 of the Penal Code. This happened in response to
the phenomenon of "joy riding", in which a car for short-term use was stolen and later returned. Since then, consumer theft (short theft)
has also been punished by law. And here's the rub : the staging during an urbex shoot can be interpreted as a brief appropriation of this
material. In other words, if your photos show that, for example, you moved things (even if you replaced them later), it could be seen by
an unfriendly judge as theft, including aggravating circumstances mentioned above (break-in, climbing). It is therefore worth leaving
everything as it is !
As to the concealment, no further comment is necessary.
Burglary or burglary are not in themselves separate crimes, but are aggravating circumstances of the crime of theft. However, the
destruction of property (vandalism) is of course a criminal offense in itself (Articles 534 ter, 528 and seq. of the Criminal Code).
Art. 528. Any destruction, any damage to the property of others executed with the help of violence or threats, will be punished by imprisonment from eight days to three years and a fine of twenty-six euros to five hundred euros , or one of these sentences only. Art. 534 bis. § 1st. Will be punished by imprisonment from one month to six months and a fine of twenty-six euros to two hundred euros or one of these penalties only, whoever performs unauthorized graffiti on movable or immovable property.
§ 2. The maximum of imprisonment is increased to one year of imprisonment in the event of recidivism on an offense referred to in paragraph 1 within five years from the date of a previous judgment on conviction and enforceable. tried. Art. 534 ter. Will be punished by imprisonment from one month to six months and a fine of twenty-six euros to two hundred euros or one of these penalties only, whoever has voluntarily degraded the property properties of others.
CONSEQUENCES
Even if at first glance there appear to be little or no criminal consequences for urban explorers who take leisure seriously and
respect common sense, it cannot be excluded that an offense set out above may have consequences for his author. If an owner in a
bad mood files a complaint because of your presence on his property, a judge can sentence you. So there is still a need for prudence
and discretion.
It seems obvious to us, but we emphasize it once again : don't break anything and take nothing ! Take only pictures !
If the police or the owner ask you to leave the building or land, it is recommended that you act immediately on this request.
Finally, the Belgian municipalities and the local police have for some time been able to impose a municipal administrative sanction.
Some municipalities apply them directly when illegal entry to private property is found. The fine for quickly reaching a minimum of 250 euros.
An warned explorer is worth two !