An administrative order subject to penalty is a sanction whereby you must stop a violation. If you do not do so within the specified period, you must pay a financial amount.
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 obliged to undo a violation (the 'order')
- You are given a certain period to arrange this (the 'grace period')
- If you do not comply on time, you must pay a financial sanction (the 'penalty')
When is an administrative order subject to penalty imposed?
The municipality of Utrecht or another administrative authority may impose an administrative order subject to penalty 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
What is stated in the decision?
| Element | Explanation |
|---|---|
| The order | What you must exactly do or refrain from doing |
| Grace period | The time you have to comply |
| Amount of the penalty | The amount per violation or per period |
| Maximum amount | The highest amount that you can forfeit |
Filing an objection in Utrecht
If you disagree with an administrative order subject to penalty, you can file an objection. Take the following into account:
- Filing an objection does not automatically suspend the order
- You can apply for an interim measure at the District Court of Midden-Nederland (Vrouwe Justitiaplein 1, Utrecht)
- The compliance period continues to run, unless the court suspends it
For legal advice, you can contact the Juridisch Loket Utrecht at Catharijnesingel 55.
Forfeiture and collection of the penalty
If you do not stop the violation within the period, 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 order subject to penalty
Does the penalty run indefinitely?
No, there is always a maximum amount established. Once this is reached, the administrative authority must issue a new decision.
What if I am late with remedying?
Then you must pay the penalty for the period that you did not comply. Once you stop the violation, further forfeiture also stops.
Can I apply for exemption from payment?
You can request to waive collection, but this is rarely granted. Only in exceptional circumstances does this have a chance.
Extra questions and answers
How long is the grace period normally?
The duration of the period varies and depends on the administrative authority in Utrecht. In simple cases, this can be 4-6 weeks, while complex remedial actions sometimes take 3-6 months. Check the decision for the exact date.
What if I cannot pay the penalty?
If you do not pay, the municipality of Utrecht may proceed to collection via a writ of execution. This can lead to attachment on your income or property. Objection against collection is possible, but does not automatically suspend the action.
Can the penalty be reduced?
You can submit a request for reduction, for example in case of financial problems or if the amount seems unreasonably high. Do this before the end of the grace period and consider legal assistance via the Juridisch Loket Utrecht.
What is the difference with an administrative fine?
An administrative order subject to penalty is intended to enforce remedying, while a fine is a direct punishment. You only pay a penalty if you do not comply, a fine always. Both sanctions can be imposed simultaneously.
Do I have to pay if I have filed an objection?
Yes, objection does not suspend the order. Apply for an interim measure at the District Court of Midden-Nederland if you want to avoid payment during the procedure.
Can I get more time to comply with the order?
Extra time is possible, provided the administrative authority agrees. Submit a well-substantiated request explaining why you need an extension, for example due to practical or technical problems.