Declaring municipality in default for late decision

In many cases, you must apply to the municipality to obtain a permit, subsidy or benefit. Think of applications for an environmental permit, liquor and catering license, Social assistance benefit, a provision under the Wmo or subsidy for sports, integration, culture or youth.

The municipality must make a decision on your application within a set period of time. Depending on the type of application, the decision period may vary. Does the municipality not decide within the deadline (not in time)? You are entitled to compensation (penalty payment) and you can appeal directly to the court. This also applies to untimely decisions on objections.

How does it work?

Decision deadline

The period within which the municipality must decide is usually set by law. If there is no legal time limit, then a reasonable time limit applies. What is reasonable depends on the type of decision. It can be a few days or weeks, but sometimes longer. In any case, the municipality must inform you of the decision period within 8 weeks.

Extension of decision period

If the municipality does not decide within the statutory or a reasonable time, you can receive a penalty payment and file an appeal. But this does not apply if the municipality needs more time to make a good, well-considered decision on your application or objection. The municipality can extend the decision period if:

  • you must provide additional information so that the municipality can make a proper decision;
  • you have provided so much information that the municipality cannot decide within the decision period;
  • the municipality must request necessary information from abroad;
  • you have agreed in writing to extend the decision period;
  • the delay is (partly) due to you. For example, because you did not give required supporting documents to the municipality on time;
  • there is force majeure (for example, if the town hall burned down).

In all of these cases, you are not entitled to a penalty payment and cannot appeal directly.

What should I do?

Has the decision period expired and you have not yet received a decision from the municipality on your application or objection? You send the municipality a letter requesting a penalty payment. This is called a notice of default. 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. 

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:

  • You are entitled to a penalty payment for each day after the decision period in which the municipality has not made a decision. The first 14 days the penalty is €20 per day, the next 14 days €30 per day and the remaining days €40 per day. You will not receive the penalty payment for more than 42 days with a maximum of € 1,260.
  • You can appeal directly to the court. You do not have to file an objection first. If the court declares the appeal well-founded, the municipality must still decide within 2 weeks. The court will also set a penalty for when the municipality does not decide within 2 weeks. The amount is determined by the court.

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.