VS-1104-1 Penalty for Failure to Make a Decision on Time

Did the municipality fail to make a timely decision on your application or appeal? If so, you can issue a notice of default to the municipality (Notice of Default Form). This means you are asking the municipality to make a decision within 2 weeks. If the municipality fails to do so, you can request a permit or a penalty payment.

Good to know:

Decide in a timely manner

The municipality must decide on your application or appeal within a statutory timeframe. If there is no statutory timeframe, a reasonable timeframe applies. In most cases, the municipality must make a decision within 8 weeks. If the municipality needs more time to make a decision, it may extend the deadline. The municipality must always notify you of this.

Municipality Fails to Make a Decision on Time

If the deadline has passed and the municipality has not yet made a decision, you should ask the municipality to make a decision within 2 weeks. This is called a notice of default.

If the municipality fails to do so, this will have the following consequences:

• The municipality must pay you a sum for each day after the deadline on which it fails to make a decision. The penalty is €23 per day for the first fourteen days, €35 per day for the following fourteen days, and €45 per day for the remaining days. The penalty applies for a maximum of 42 days and amounts to a maximum of €1,442.
• You can file an appeal with the court. The court may order the municipality to make a decision within 2 weeks. The court may also impose a penalty if the municipality fails to make a decision within 2 weeks.

Please note!
You must first issue a notice of default to the municipality before a penalty payment can be imposed.