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WS-2104-1 Penalty payment for failure to make timely decision

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Important information

Has the municipality not made a timely decision on your application or objection? Then you can give the municipality notice of default(Form In Default Notice). This means that you ask the municipality to decide within 2 weeks. If the municipality fails to do so, you can request a permit or penalty payment.

Good to know:

Deciding on time

The municipality must decide on your application or objection within a legal deadline. Is there no legal deadline? Then a reasonable period applies. In most situations, the municipality must decide within 8 weeks. Does the municipality need more time to decide? Then it can extend the deadline. The municipality must always send you a message about this.

Municipality does not decide on time

Has the deadline passed and the municipality has not yet made a decision? Then ask the municipality to decide within 2 weeks. This is called a notice of default.
Does the municipality not decide in time?

If so, this has the following consequences:

  • The municipality must pay you an amount for each day after the deadline for which it does not decide. The penalty is €23 per day for the first 14 days, €35 per day for the next 14 days, and €45 per day for the remaining days. The periodic penalty runs for a maximum of 42 days and amounts to a maximum of € 1442.
  • You can file an appeal with the court. The judge can order that the municipality must decide within 2 weeks. The judge can also set a penalty if the municipality does not decide within 2 weeks.