Deemed Permit in Den Haag
A deemed permit is automatically granted if the Gemeente Den Haag fails to decide on your application within the required timeframe. This mechanism, known as lex silencio positivo, prevents long waiting times for Den Haag residents when applying for permits such as environmental or catering permits. It applies to most administrative law permits, but be aware of sectoral exceptions.
What does a deemed permit mean in Den Haag?
Under administrative law, an authority such as the Gemeente Den Haag must respond to your permit application within a set period. If this period is exceeded, you obtain the permit by default, without a formal decision. This compels the municipality to process applications promptly and protects applicants in Den Haag from delays.
The standard decision period is eight weeks, which can be extended by six weeks or more with your written consent (Article 4:18 Awb). After the period expires, 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 for decisions.
- Article 4:20a Awb: Provides that a late decision results in a positive outcome, except in cases of statutory exceptions.
- Article 4:16 Awb: Allows for remedies, including penalty payment awards.
The procedure in Den Haag step by step
- Submit application: Address your request to the Gemeente Den Haag, often online via the Omgevingsloket or denhaag.nl.
- Monitor the deadline: Track the end date from the acknowledgment of receipt.
- Address delay: Send a reminder (recommended) and establish the deemed permit with a notice.
- Claim penalty payment: Receive payment per day, up to €1,260 (2023 rate).
- Objection and appeal: The municipality may decide later; appeal to the Rechtbank Den Haag.
Related: Lex silencio positivo | Penalty payment administrative law Den Haag
Practical examples from Den Haag
Example 1: Environmental permit
You want to add an extension to your home in the Binckhorst. No response after 8 weeks (extended to 14 with agreement)? The permit applies by default, provided no refusal grounds exist; proceed with building cautiously.
Example 2: Events permit
For a festival on the Malieveld, the Gemeente Den Haag exceeds the deadline: go ahead, but expect possible objections from neighbors.
Example 3: Catering permit
Terrace expansion for your city-center café: tacit approval lets you proceed, but comply with local hygiene and traffic rules.
Rights and obligations for Den Haag applicants
Rights:
- Standard grant upon expiry.
- Penalty payment up to 42 days.
- Carry out works (with revocation risk).
- Submit complete application.
- Provide additional information promptly.
- Meet substantive requirements; not a free pass.
Comparison: Positive vs. negative silence
| Aspect | Lex silencio positivo | Lex silencio negatief |
|---|---|---|
| Outcome on expiry | Permit granted | Permit refused |
| Application in Den Haag | Standard Awb permits | Rare, e.g., old environmental |
| Penalty payment | Yes | No |
| Risk | Limited, objection possible | Immediate loss |
FAQs for Den Haag
Does this apply to all Den Haag permits?
No, exceptions for safety or asylum matters. Consult the law or Juridisch Loket Den Haag.
Can I start building immediately?
Yes if requirements are met, but the Gemeente Den Haag may revoke it. Waiting for confirmation is wise.
Effect of deadline extension?
New deadline applies; penalty payment still possible on further delay.
How to claim penalty payment?
Default notice within 2 weeks; payment follows automatically.
Tips for Den Haag residents
- Check status regularly on denhaag.nl.
- Seek free advice from Juridisch Loket Den Haag (Laan van Wateringsveld 419).
- Document everything for potential proceedings at the Rechtbank Den Haag.