Automatic issue of permits when government decides too late
Are you applying for a permit with a government agency in the Netherlands? The competent authority has to take a decision by a set deadline. They must also tell you within what period you will receive a response: the decision period (beslistermijn).
The authorities may extend this decision period only once.
Automatic issue of permit
Do the authorities (municipality, province, or regional water board) not respond within the set deadline or do they respond too late? Then the principle of administrative silence (Lex Silencio Positivo, in Dutch) may apply. This means that your permit will be issued automatically. You can check whether this principle applies to your application on the confirmation of receipt.
The administrative silence principle applies to, for example:
- various tax exemptions and schemes, such as for company car parks, motor vehicle tax, and turnover tax
Environment and Planning Act
The administrative silence principle does not apply to applications for an environment and planning permit. The procedure for these permits allows for more participation from all parties involved. The handling time may therefore differ from one application to another.