Can the municipality impose a penalty payment on me?

Yes, the municipality can impose a penalty payment on you through a so-called 'order subject to a penalty payment'. This happens when you violate rules and the municipality wants to enforce compliance. A penalty payment is an effective tool for municipalities to compel citizens and businesses to comply with the rules.

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The short answer

The municipality can indeed impose a penalty payment if you do not comply with municipal rules or obligations. This is called an 'order subject to a penalty payment' and means that you must pay a certain amount for each day or period that you continue the violation. The penalty payment only becomes due if you do not stop the violation within the set deadline. The goal is to motivate you to comply with the rules, not to punish you. The municipality must first give a warning and set a reasonable deadline to remedy the situation.

What does the law say?

The authority for municipalities to impose penalty payments is laid down in the General Administrative Law Act (Awb). Article 5:32 of the Awb regulates when and how an administrative body may impose an order subject to a penalty payment. The municipality may only do this for violations of statutory provisions, permit conditions or other binding decisions. The penalty payment must be proportionate to the seriousness of the violation and the desired behavior.

1General Administrative Law Act article 5:32: regulates the order subject to a penalty payment

2Municipality Act: gives municipalities enforcement powers

3Awb article 5:37: determines when the penalty payment is forfeited

What should you pay attention to?

Pay close attention to the deadline the municipality gives you to stop the violation - this is crucial. Check whether the penalty payment is reasonable and proportionate to the violation. The municipality must clearly indicate what you need to do exactly to stop the violation. Also important: the penalty payment has a maximum amount per period and a total maximum.

1Deadline for remedy - usually between 2-8 weeks

2Amount of the penalty payment per day/week/month

3Maximum total amount of the penalty payment

4Clear description of what you must do

Example from practice

Let's say you have placed a 2.5 meter high fence without a permit, while a maximum of 2 meters is allowed. The municipality sends you an order subject to a penalty payment stating that you must lower the fence to a maximum of 2 meters within 6 weeks. If you do not do this, you must pay, for example, €50 per week, with a maximum of €2,500. Only from week 7 onwards will the first penalty payment of €50 become due. This will continue until you lower the fence or the maximum of €2,500 is reached.

What can you do?

If you have received an order subject to a penalty payment, you have several options to deal with it.

1Immediately contact the municipality to discuss the situation and possibly request an extension

2Remedy the violation within the set deadline to avoid the penalty payment

3File an objection against the order subject to a penalty payment if you disagree with it (within 6 weeks)

Conclusion

A municipality can indeed impose a penalty payment on you for violations, but must adhere to strict rules in doing so. It is important to act quickly and remove the violation within the set deadline. If you are unsure about the legality, you can always file an objection.

Frequently Asked Questions

What is the maximum amount a municipality can ask as a penalty payment?

Do I have to pay the penalty payment immediately after receiving the decision?

Can I request an extension to remedy the violation?

What happens if I don't pay the penalty payment?

Can I still file an objection if I have already paid the penalty payment?

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