Filing an objection against a decision in Utrecht does not mean that the decision is immediately suspended. It remains in effect until it is revoked or suspended by the court.
General Rule: No Automatic Suspension
When you lodge an objection against a decision, that decision remains in full effect. This means:
- A granted permit can be used
- An imposed fine must be paid
- A penalty payment order remains applicable
Reason for No Suspending Effect
The legislator has established this rule to prevent:
- Decisions from being continuously delayed by objections
- Objections from being abused as a delaying tactic
- Government authorities from being unable to act effectively
Request for Provisional Remedy
If waiting is not an option, you can request a provisional remedy from the District Court of Midden-Nederland, located at Vrouwe Justitiaplein 1 in Utrecht:
- 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 (for other matters)
When to Request a Provisional Remedy?
| Circumstance | Is a provisional remedy useful? |
|---|---|
| Imminent threat of demolition | 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 the activity |
| Reduction of benefit | Yes, if livelihood is at risk |
Frequently Asked Questions about Objection in Utrecht
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 deferral.
What if a construction project starts while my objection is still pending?
The permit holder may continue building. File a request for a provisional remedy as soon as possible to stop this.
Are there costs associated with a provisional remedy?
Yes, you must pay a court fee. In the event of a favourable judgment, you can often recover these costs.
Contact and Assistance in Utrecht
For legal assistance, you can go to the Juridisch Loket Utrecht, located at Catharijnesingel 55. They offer free advice and support in objection procedures.