Non-compliance penalty scheme
Has the local authority not made a decision on your application in time? For example, for a permit, benefit or grant. In that case, you can apply to the local authority for a non-compliance penalty. This is form of compensation for damages.
Are you unwilling or unable to apply online?
If so, download and complete the form Notice of default for failing to settle a submitted application on time (in Dutch only). Send the form to the City of Leeuwarden. You can also hand it in at the Town Hall.
When to apply for a non-compliance penalty
You can apply for a non-compliance penalty if it is certain that the local authority has made a late decision on your application. This is subject to the following conditions:
- You have filed an application. This could be an application for a permit, subsidy or benefit, a law enforcement request or an objection.
- You have written to the local authority to remind it that it gave a late decision on your application. You can do this using the form Notice of default for late processing of a submitted application (in Dutch only).
- The municipality has not yet taken a decision within 2 weeks of receiving your notice of default.
- The non-compliance penalty scheme may also apply to applications handled by other organisations for the local authority.
- If the local authority needs more time to process your application than the period stated by law, it can agree a longer period with you. Has this extended period ended and have you not heard from the local authority? In that case, you can demand a non-compliance penalty.
When are you not entitled to a non-compliance penalty?
You cannot apply for a penalty payment in the following situations:
- You have submitted your objection to the local authority too late.
- You have applied for benefits while you have a permanent job.
- You do not have a valid interest in applying for the non-compliance penalty.
- You have agreed in writing to a longer processing time. A postponement such as this is possible if the local authority depends on another organisation for a decision.
- The issue is beyond the local authority’s control (force majeure). This exception only applies in extreme cases.
- You are responsible for any delays in the processing of your application.
- You have sent us an unreasonable notice of default.
- You have sent us a notice of default before the processing deadline had ended.
How high can a non-compliance penalty be?
If you are entitled to a non-compliance penalty, you will receive an amount for each day the local authority is late deciding on your application:
- First 14 days: € 23 per day.
- The next 2 weeks: € 35 per day.
- The period after that: € 45 per day
The total amount cannot exceed € 1,442. The local authority will determine the total amount within two weeks of deciding on your application. You will be informed of this in writing. The local authority will pay out the penalty within six weeks. If you are not in agreement with the amount, you can file an objection.
Are you unwilling or unable to apply online?
If so, download and complete the form Notice of default for failing to settle a submitted application on time (in Dutch only). Send the form to the City of Leeuwarden. You can also hand it in at the Town Hall.
When to apply for a non-compliance penalty
You can apply for a non-compliance penalty if it is certain that the local authority has made a late decision on your application. This is subject to the following conditions:
- You have filed an application. This could be an application for a permit, subsidy or benefit, a law enforcement request or an objection.
- You have written to the local authority to remind it that it gave a late decision on your application. You can do this using the form Notice of default for late processing of a submitted application (in Dutch only).
- The municipality has not yet taken a decision within 2 weeks of receiving your notice of default.
- The non-compliance penalty scheme may also apply to applications handled by other organisations for the local authority.
- If the local authority needs more time to process your application than the period stated by law, it can agree a longer period with you. Has this extended period ended and have you not heard from the local authority? In that case, you can demand a non-compliance penalty.
When are you not entitled to a non-compliance penalty?
You cannot apply for a penalty payment in the following situations:
- You have submitted your objection to the local authority too late.
- You have applied for benefits while you have a permanent job.
- You do not have a valid interest in applying for the non-compliance penalty.
- You have agreed in writing to a longer processing time. A postponement such as this is possible if the local authority depends on another organisation for a decision.
- The issue is beyond the local authority’s control (force majeure). This exception only applies in extreme cases.
- You are responsible for any delays in the processing of your application.
- You have sent us an unreasonable notice of default.
- You have sent us a notice of default before the processing deadline had ended.
How high can a non-compliance penalty be?
If you are entitled to a non-compliance penalty, you will receive an amount for each day the local authority is late deciding on your application:
- First 14 days: € 23 per day.
- The next 2 weeks: € 35 per day.
- The period after that: € 45 per day
The total amount cannot exceed € 1,442. The local authority will determine the total amount within two weeks of deciding on your application. You will be informed of this in writing. The local authority will pay out the penalty within six weeks. If you are not in agreement with the amount, you can file an objection.