Periodic penalty payment for a public authority’s failure to take a timely decision
If you have submitted an application or objection to a public authority, the public authority must take a timely decision. For example, if you have applied for a benefit, or you have objected to planning permission granted to your neighbour. If the public authority fails to take a timely decision you are, in many cases, entitled to receive a dwangsom (periodic penalty payment). This is an amount of money.
Lees deze informatie in het Nederlands
Decision period for applications and objections
A public authority must take a decision on your application or objection within a certain period. This is referred to as the beslistermijn (decision period).
Right to periodic penalty payment
What if the public authority fails to take a timely decision? (link in Dutch) In that case, you should first inform the public authority in writing that the decision period has expired. This is known as ''in gebreke stellen'' (giving notice of default). The public authority then has 2 weeks to take a decision. If it fails to do so, the periodic penalty payment will automatically take effect.
Lodging an appeal immediately
Once the periodic penalty payment takes effect, you can also immediately lodge an appeal before the competent court (link in Dutch). You are not required to first submit an objection to the public authority charged with taking the decision. What if the court finds your appeal to be well founded? In that case, the public body must take a decision within 2 weeks.
No penalty payment under WOO
If have submitted an application or objection to a public authority under the Wet open overheid – WOO (open government act) (in Dutch), you are not entitled to a penalty payment.