Deemed Permit in Rotterdam
A deemed permit is automatically granted if the Municipality of Rotterdam fails to decide on your application within the required timeframe. This principle, known as lex silencio positivo, prevents long waiting times for Rotterdam residents applying for permits such as environmental or catering permits, although exceptions apply.
What does a deemed permit mean in Rotterdam?
Under administrative law, the Municipality of Rotterdam or another administrative authority must respond to your permit application within a fixed period. If it does not, you obtain the permit by operation of law – granted by default. This compels the municipality to process applications promptly and spares applicants from endless delays.
The decision period is generally eight weeks, extendable by six weeks or more with your written consent (Article 4:18 Awb). If exceeded, you can claim a penalty payment and establish the deemed permit (Article 4:20a Awb).
Legal basis
The deemed permit is enshrined in the General Administrative Law Act (Awb), including:
- Article 4:18 Awb: Sets the decision period.
- Article 4:20a Awb: States that upon expiry, the permit is granted, except in cases of statutory exceptions.
- Article 4:16 Awb: Allows for remedies, including penalty payment awards.
How does the procedure work in Rotterdam?
- Submit application: Address your application to the Municipality of Rotterdam via rotterdam.nl or the national Omgevingsloket.
- Monitor the deadline: Track the end date from the acknowledgment of receipt.
- Address overrun: Remind the municipality (recommended) and establish the deemed permit via notification.
- Claim penalty payment: Daily amount up to max. €1,260 (2023 rate).
- Objection and appeal: The municipality may decide later; appeal to the District Court of Rotterdam.
Related: Lex silencio positivo | Penalty payment in administrative law
Practical examples from Rotterdam
Example 1: Environmental permit
You want to add a dormer window to your home in Rotterdam-South. No response after eight weeks (extended to 14 with consent)? Deemed permit: proceed with construction, if substantively feasible.
Example 2: Events permit
For a market on Fenixwerf: proceed upon overrun, but expect possible objections from neighbors.
Example 3: Catering permit
Terrace expansion for your café in the Old North: default approval allows installation, subject to Rotterdam rules on safety and hygiene.
Rights and obligations in Rotterdam
Your rights:
- Default granting upon overrun.
- Penalty payment up to 42 days.
- Act in accordance with the permit (revocation risk applies).
- Submit complete application.
- Provide additional information upon request.
- Comply with substantive requirements; not a blank cheque.
Comparison: Lex silencio positivo vs. negatief
| Aspect | Lex silencio positivo | Lex silencio negatief |
|---|---|---|
| Consequence of overrun | Permit granted | Permit refused |
| Application | Standard Awb, incl. Rotterdam | Rare, e.g. old environmental law |
| Penalty payment | Yes | No |
| Applicant risk | Low, objection possible | High |
Frequently asked questions for Rotterdam residents
Does this apply to all permits in Rotterdam?
No, not for exceptions like certain municipal bylaws permits. Check the Environment and Planning Act or Legal Aid Desk Rotterdam.
Can I start building immediately?
Yes, if requirements are met, but the Municipality of Rotterdam may intervene later. Waiting for confirmation is wise.
Effect of extension?
New period applies; penalty payment possible on further overrun.
How to claim penalty payment?
Default notice within two weeks; Municipality of Rotterdam pays automatically.
Tips for Rotterdam residents
- Check status via Mijn Rotterdam portal.
- Call Legal Aid Desk Rotterdam for free advice: 0800-8020.
- Document everything for District Court of Rotterdam in disputes.
- Consider assistance for complex applications in the port or city center.