An administrative order subject to penalty is a sanction whereby you must stop a violation. If you do not do so within the specified time, you must pay a sum of money.
What does an administrative order subject to penalty entail?
An administrative order subject to penalty is an official decision that includes the following:
- You are ordered to undo a violation (the 'order')
- A deadline is set to do this (the 'grace period')
- In case of non-compliance, you must pay a financial sanction (the 'penalty')
When is an administrative order subject to penalty imposed?
The administrative authority in Leiden may apply this sanction in situations such as:
- Building without the required permit
- Unauthorized use of a building or land
- Breach of environmental regulations
- Violation of the General Local Ordinance (APV)
- Other violations that can be remedied
Details of the decision
| Element | Explanation |
|---|---|
| The order | What you are obliged to do or stop |
| Grace period | The time you have to comply |
| Amount of penalty | The amount per violation or per period |
| Maximum amount | The limit on penalties to be paid |
Filing an objection in Leiden
It is possible to object to an administrative order subject to penalty. Take into account:
- Filing an objection does not immediately suspend the order
- Consider applying for an interim measure via the District Court of The Hague, Leiden location
- The term continues to run, unless the court suspends it
Forfeiture and collection of the penalty
If you do not comply with the order, you forfeit the penalty. The administrative authority can then collect this amount. You can file a separate objection against this collection decision.
Frequently asked questions about administrative orders subject to penalty
Can the penalty increase indefinitely?
No, there is always a maximum established. Once this is reached, the administrative authority must impose a new order.
What if I stop the violation too late?
Then you pay the penalty for the period that you did not comply. Stopping the violation prevents further costs.
Is remission possible?
You can request to waive collection, but this is rarely granted, only in exceptional circumstances.
Extra questions and answers
How long is the grace period typically in Leiden?
The duration varies per case and is determined by the administrative authority. In simple cases, this can be 4-6 weeks, while more complex situations (such as environmental remediation) may take 3-6 months. Always check the specific decision.
What if I do not pay the penalty?
If you do not pay voluntarily, the administrative authority may proceed to collection via a writ of execution. This can lead to attachment of your assets or income. Objection to collection is possible, but does not automatically suspend the procedure.
Can the penalty be reduced?
You can submit a request for reduction, for example due to financial problems or unreasonable amount. This must be well substantiated and ideally submitted before the end of the term. Help from a legal advisor, for example via the Juridisch Loket Leiden at Stationsweg 46, can be useful.
What distinguishes an administrative order subject to penalty from a fine?
A penalty is intended to enforce remediation, while a fine is a direct punishment. You only pay a penalty in case of non-compliance, a fine always. However, both can be imposed together.
Do I have to pay during an objection procedure?
Yes, objection does not suspend the obligation. Apply for an interim measure at the District Court of The Hague, Leiden location, to obtain temporary suspension.
Is postponement possible for complying with the order?
Postponement may be granted if the administrative authority agrees. Submit a well-motivated request explaining why extra time is needed, for example due to practical or technical problems.