Declaring municipality in default for late decision

How does it work?

Within how much time will a decision be made?

In acknowledgements and other letters, we indicate when you will receive a decision. The deadline for a decision on an application or objection is stated in specific regulations from which the application or objection arises. This may be a Kingdom Act, or it may be a municipal ordinance or other regulation. If there is no statutory time limit, then a "reasonable time limit" applies. What is reasonable depends on the type of decision. It can be several weeks or months, but in some cases it can also be a few days. For example, for very simple decisions.

How do I qualify for this reimbursement?

If we are late with our decision (on your application or your appeal), you can write a letter pointing this out to us. This is a written 'notice of default'. You can use the form at the bottom of this page. If you still have not received a decision 2 weeks after that, we will pay you compensation.

When do I not get reimbursed?

Not everyone receives reimbursement. You will not receive reimbursement in the following cases:

• You do not file a written notice of default;
• You file a notice of default too early (before the decision period has even expired);
• You file the notice of default unreasonably late;
• You are not an interested party.

Suspension and adjournment

Sometimes the statutory decision period is suspended. The administrative body cannot then process your application or objection (yet).

These are the following situations:

• You will receive a letter stating that your application or objection is not complete. You must then give us more information;
• The municipality has asked you if you agree to suspend the decision period and you agree;
• The delay in decision-making is (partly) your own fault;
• There is force majeure (for example, if the town hall burns down).

The municipality may extend the period for a decision once. This is called "adjourning. We may do this without giving a reason, but we often try to make it clear why we are "adjourning.

How much reimbursement will I receive?

If it appears that the municipality does not respond in a timely manner (i.e., not within two weeks of a notice of default), the municipality must sometimes pay a fee (penalty) for each day the decision is delayed too long. This for a maximum of 42 days. You will receive €23 per day over the first 14 days. The next 14 days this is € 35 per day and the remaining days € 45 per day. The maximum amount for this compensation is € 1,442.

Can I appeal without an objection?

You can appeal without filing a notice of objection if the municipal administrative body is late in making a decision on your application. To do this, you must first have sent a notice of default. This is a letter stating that we are too late with our decision. If you still do not have a decision after two weeks, you can appeal directly. You must pay court fees to appeal.

You can also appeal directly if you have received the maximum compensation, but at the same time have still not received a decision on the application. If the appeal is well-founded and a decision has not yet been made, the administrative judge determines that a decision must be made by the responsible administrative body within two weeks of the ruling.