What if I'm late filing an objection?

If you are late in objecting to a decision by the authorities, you can in certain cases still invoke 'excusable delay of the deadline'. This means that you must have a valid reason for exceeding the objection deadline. It is important to act quickly, as strict rules also apply to invoking this exception.

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The short answer

After the objection deadline has expired, you have one last chance: excusable delay of the deadline. This means that you must have a valid reason for missing the deadline, such as illness or late receipt of the decision. However, you must file this request immediately as soon as you are able to act again. The authorities will then assess whether your reason is valid enough to still consider the objection. Note: not every reason is accepted - forgetfulness or ignorance of the law are usually not valid reasons.

What does the law say?

The General Administrative Law Act (Awb) regulates when you can still file an objection after the deadline has expired. Article 6:11 of the Awb stipulates that an administrative body can handle an objection that was filed too late if the delay of the deadline is excusable. This means that you are not to blame for missing the deadline. The law also states that you must file the request for excusable delay of the deadline as soon as you can reasonably act again.

1Article 6:11 Awb: regulates excusable delay of the deadline for objections

2Article 6:8 Awb: sets the normal objection deadline of 6 weeks

3Article 6:9 Awb: regulates when the objection deadline starts to run

What do you need to watch out for?

There are strict conditions for excusable delay of the deadline that you need to know. You must be able to demonstrate that you had a valid reason for missing the deadline and that you could not act within the normal objection deadline. In addition, you must file the request as soon as the obstacle has been removed - if you wait too long, your request will still be rejected.

1You must have a valid, objective reason for missing the deadline

2The request must be filed as soon as you can act again

3You must be able to prove why you missed the deadline

4Forgetfulness or ignorance of the law are usually not valid reasons

Example from practice

Suppose you receive a WOZ assessment from the municipality, but due to a serious illness you are in the hospital for weeks. As a result, you miss the 6-week objection deadline. As soon as you are discharged from the hospital and able to keep up with your administration again, you discover the decision. You can then file a request for excusable delay of the deadline, enclosing medical documents as proof. The municipality will then assess whether your illness is a valid reason to still consider the objection.

What can you do?

Take immediate action as soon as you discover that you have missed the objection deadline.

1Immediately file an objection with a claim of excusable delay of the deadline

2Explain why you missed the deadline and provide evidence (such as medical certificates)

3Seek legal advice if you are unsure about your chances or need help preparing the request

Conclusion

Being late with an objection is not always the end of your options, but you must have a very good reason and act quickly. Excusable delay of the deadline is an exception that is strictly assessed by the authorities.

Frequently Asked Questions

How long do I have after missing the objection deadline to take action?

What reasons are accepted for excusable delay of the deadline?

What happens if my request for excusable delay of the deadline is rejected?

Do I have to pay costs for a request for excusable delay of the deadline?

Can I also claim excusable delay of the deadline in court?

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