Declaring municipality in default for late decision

You can submit various types of applications to the municipality. For example, an environmental permit for construction, a liquor and hospitality license, a Social assistance benefit, a service under the Social Support Act (Wmo), or a grant for sports, culture, integration, or youth programs.

The municipality must decide on your application within a certain timeframe. That timeframe varies depending on the application. If the municipality takes too long to decide, you can issue a notice of default. You may then be entitled to compensation in the form of a penalty payment. This also applies to late decisions on appeals.

How does it work?

Decision deadline

The deadline for making a decision is usually specified by law. If there is no statutory deadline, a reasonable deadline applies. What constitutes a reasonable deadline depends on the type of decision.

Extension of decision period

The decision period may be extended in certain cases, such as when:

  • you need to provide additional information;
  • you have provided so much information that the municipality is unable to make a decision in time;
  • the municipality requests information from abroad;
  • you have agreed in writing to the extension;
  • the delay is partly your fault;
  • there is a force majeure situation, such as a fire at the town hall.

In these situations, you are not entitled to a penalty payment and cannot file an appeal immediately.

No right to a penalty payment in other situations

In some cases, the rule does not apply, such as:

  • complaints about the municipality or when a decision on a complaint is not made in a timely manner;
  • requests under the Open Government Act (Woo);
  • informal requests, reports, or concerns;
  • if too much time has elapsed before the notice of default was served;
  • if you are not an interested party;
  • if the application or objection is manifestly inadmissible or manifestly unfounded.

What should I do?

Has the decision deadline passed and you still haven’t received a decision? If so, you can send a notice of default to the municipality. This notice requests that the municipality make a decision and pay a penalty.

Please use the online form for this:

DigiDDeclaring municipality in default - with Digid

eRecognitionDeclaring municipality in default - with eRecognition

Or the form from the Rijksoverheid: Rijksoverheid | Formulier ingevrekestelling.

Need help arranging or apply something from the digital government? Then contact the Digital Government Information Point. 

Consequences following a notice of default 

After receiving your letter, the municipality has 2 weeks to make a decision. If the municipality fails to do so, the following consequences will result:

  • Are you entitled to a penalty payment? The penalty is €23 per day for the first 14 days, €35 per day for the next 14 days, and €45 per day thereafter. The maximum duration of the delay is 42 days, so the maximum penalty payment is €1,442;
  • You may file a lawsuit directly with the court. This means you do not need to file an objection first. The judge may order the municipality to make a decision within a specified timeframe. The court may also impose a penalty payment if the municipality fails to make a decision within that timeframe following the ruling. The judge will determine the amount of the penalty.

How long does it take?

The Penalty and Appeal Act strengthens your position if the municipality does not decide on your application or objection in time. With the possibility of requesting a penalty payment and direct appeal, you can urge the municipality to make a decision as quickly as possible.

The law applies not only to decisions made by the municipality, but to decisions made by provinces, water boards or the rijksoverheid.