Declaring the municipality in default for late decision-making

How does it work?

How long does it take to make a decision?

In acknowledgements of receipt and other letters, we indicate when you will receive a decision. The period within which a decision must be taken on an application or letter of objection is stated in specific regulations from which the application or letter of objection arises. This may be a national law, but also a municipal bylaw or other regulation. If there is no legal deadline, a 'reasonable period' applies. What is reasonable depends on the type of decision. This can be a few weeks or months, but in some cases also a few days. For example, for very simple decisions.

How do I qualify for this compensation?

If we are late with our decision (on your application or your letter of objection), you can write a letter in which you point this out to us. You thus give us written 'notice of default'. You can use the form at the bottom of this page for this. If you still have not received a decision 2 weeks later, we will pay you compensation.

When will I not receive compensation?

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

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

Suspension and postponement

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

This concerns the following situations:

• You will receive a letter stating that your application or objection is incomplete. You must then provide us with more information.
• The municipality has asked you whether you agree to a suspension of the decision period, and you have agreed.
• The delay in decision-making is (partly) due to yourself;
• This concerns force majeure (for example, if the town hall burns down).

The municipality may extend the decision period once. This is called 'postponement'. We are allowed to do this without giving a reason, but we often try to explain why we are 'postponing'.

How much compensation will I receive?

If it appears that the municipality does not respond in time (i.e., not within two weeks of a notice of default), the municipality may have to pay compensation (penalty payment) for each day that the decision is delayed. This applies for a maximum of 42 days. You will receive €23 per day for the first 14 days. For the next fourteen days, this is €35 per day, and for the remaining days, it is €45 per day. The maximum amount for this compensation is €1,442.

Can I appeal without a letter of objection?

You can lodge an appeal without submitting a notice of objection if the administrative body of the municipality is late in making a decision on your application. You must first have sent a notice of default. That is a letter in which you indicate that we are late with our decision. If you still do not have a decision after two weeks, you can appeal directly. You have to pay court fees to appeal.

You can also appeal directly if you have received the maximum compensation but still have not received a decision on your application. If the appeal is well-founded and no decision has been made yet, the administrative court will order the responsible administrative body to make a decision within two weeks of the ruling.