In some cases in Leiden, you receive a permit automatically if the municipality does not take a decision within the prescribed period. This principle is called lex silencio positivo or permit by operation of law.
What does lex silencio positivo entail?
Lex silencio positivo, also known as 'silence means consent', means that in Leiden you get a permit if the municipality does not make a decision within the established period. The permit is then automatically granted.
For which permits does this apply?
In Leiden, lex silencio positivo applies to:
- Standard environmental permits (for example, for construction projects)
- Certain permits for events
- Other permits where this is explicitly laid down in the law
When does this not apply?
The principle does not apply to:
- Environmental permits with an extended procedure
- Permits with significant risks
- Permits for environmental matters
- Situations where the law explicitly excludes this
What happens after the period expires?
If the Municipality of Leiden does not take a decision within the period:
- The permit arises automatically by operation of law
- You must request the municipality to confirm this
- The municipality publishes the permit officially
- You may only start the activity after official publication
Frequently asked questions about lex silencio positivo in Leiden
How do I know if my permit has been automatically granted?
If the decision period has passed without a response from the Municipality of Leiden, you can request written confirmation from the competent authority.
Can an automatically granted permit be revoked?
The municipality cannot revoke the permit just like that, but other parties, such as neighbours, can lodge an objection.
Can I start immediately after the period expires?
No, you must wait for the official publication of the permit by the Municipality of Leiden before you may begin.
Extra questions and answers
What is the duration of the decision period in Leiden?
The period varies per permit, but for a standard environmental permit this is often 8 weeks. Sometimes this can be extended by 6 weeks. Check the specific period via the law or your application confirmation.
What if the municipality states that lex silencio positivo does not apply?
Request written explanation as to why this does not apply. Check the relevant legislation and consider lodging an objection or seeking legal advice via the Juridisch Loket Leiden (Stationsweg 46).
Can I object to an automatically granted permit?
Yes, third parties such as neighbours can lodge an objection with the Municipality of Leiden within six weeks after publication. If the objection is well-founded, the permit may be amended or revoked.
What are the consequences of starting without official publication?
If you start before the permit is officially published, you risk sanctions such as a building stop or fine from the Municipality of Leiden. Always wait for the announcement.
How do I request confirmation of a permit by operation of law?
Send a written request to the Municipality of Leiden stating your application number and the date of submission. The municipality must respond to this.
Does this also apply to online applications in Leiden?
Yes, lex silencio positivo also applies to digital applications. The period starts as soon as the application is fully submitted, regardless of the application method.
What if the municipality rejects after the period?
A rejection after the period is not valid, because the permit has already been automatically granted. Point this out to the municipality and request confirmation. If necessary, you can take legal steps via the District Court of The Hague, Leiden location.