In some cases in Utrecht you receive a permit automatically if the government 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, or 'silence means consent', means that a permit is automatically granted if the administrative authority does not take a decision in time. This permit then arises by operation of law.
When does this principle apply?
In Utrecht, lex silencio positivo applies to:
- Regular environmental permits for construction projects
- Certain permits for events
- Other permits where this is laid down in the law
When does this not apply?
- Environmental permits with an extended procedure
- Permits with high risks to safety
- Permits for environmental matters
- If the law explicitly excludes this
Steps after the permit arises
If the decision period expires without a decision from the government:
- The permit is automatically granted
- You must request the administrative authority to confirm it
- The permit must be officially published
- Only after publication may you start the activity
Frequently asked questions about lex silencio positivo in Utrecht
How do I know if my permit has been automatically granted?
If the decision period has expired without a response, you can ask the Municipality of Utrecht in writing for confirmation of the permit by operation of law.
Can an automatically granted permit be revoked?
The municipality cannot revoke the permit without reason, but interested parties can lodge an objection against the permit.
May I start immediately after the period expires?
No, you must wait for the official publication of the permit by the Municipality of Utrecht before you may begin.
Additional information and frequently asked questions
What is the duration of the decision period for lex silencio positivo?
The period varies per permit, but for a regular environmental permit in Utrecht this is often 8 weeks. Sometimes this period can be extended by 6 weeks. Always check the specific rules or the acknowledgment of receipt of your application.
What if the Municipality of Utrecht states that lex silencio positivo does not apply?
Ask for a written explanation of why this principle would not apply. Review the relevant legislation and consider lodging an objection or seeking legal advice, for example via the Juridisch Loket Utrecht at Catharijnesingel 55.
Can I lodge an objection against a permit by operation of law?
Yes, third parties such as neighbours in Utrecht can object within six weeks after publication. If the objection is well-founded, the permit may be amended or revoked.
What are the risks of starting without official publication?
If you start before the permit has been published, the Municipality of Utrecht may consider this illegal. This can lead to sanctions such as a building stop or an administrative fine.
How do I request confirmation of a permit by operation of law?
Send a written request to the Municipality of Utrecht with your application number and the date of submission. State that the decision period has expired and request confirmation.
Does this also apply to online applications in Utrecht?
Yes, lex silencio positivo also applies to digital applications. The period starts as soon as the application is fully submitted, regardless of the method of submission.
What if the municipality sends a refusal after the period?
A refusal after the expiry of the period is not legally valid. The permit has already arisen by operation of law. Request a correct confirmation or seek legal assistance, for example at the District Court of Midden-Nederland at Vrouwe Justitiaplein 1.