Filing an objection against a decision does not mean that this decision is automatically suspended. It remains in effect until it is revoked or suspended by a court.
General Rule: No Automatic Suspension
When you file an objection against a decision, this decision remains valid. This means:
- A granted permit can be used
- An imposed fine must be paid
- A coercive fine remains applicable
Reason for No Suspending Effect
The legislator has established this rule to prevent:
- Decisions from being unnecessarily delayed by objections
- Objections from being used as a means to stall for time
- Government authorities from being unable to act effectively
Request for Provisional Remedy
If you cannot wait for the outcome of your objection, you can request a provisional remedy from the District Court of The Hague, Leiden location:
- The court may decide to temporarily suspend the decision
- Or provide a temporary solution
- This concerns an expedited procedure
- Court fee costs: € 50 (for social affairs) or € 187 (other cases)
When to Request a Provisional Remedy?
| Circumstance | Is a Provisional Remedy Useful? |
|---|---|
| Risk of demolition of property | Yes, due to irreparable damage |
| High fine and financial problems | Possibly, in case of financial hardship |
| Rejection of a permit | Sometimes, in case of urgent need for activity |
| Reduction of benefit | Yes, if you cannot make ends meet |
Frequently Asked Questions about Objections in Leiden
Am I required to pay a fine during my objection procedure?
Yes, in most cases. However, you can request a provisional remedy from the court or ask the administrative authority for payment extension.
What if a construction project starts while my objection is still pending?
The permit holder may continue building. Request a provisional remedy as soon as possible if you want to stop it.
Are there costs associated with a provisional remedy?
Yes, you pay a court fee. In a favourable judgment, you can often recover these costs.
Contact and Help in Leiden
For legal support, you can go to the Juridisch Loket Leiden, located at Stationsweg 46. For matters regarding a provisional remedy, you can contact the District Court of The Hague, Leiden location.