Explanation of Lex Silencio Positivo for Tilburg

Lex Silencio Positivo in Tilburg

The lex silencio positivo is an important rule in Dutch administrative law that protects residents of Tilburg. If the Municipality of Tilburg or another administrative body fails to respond within the legal timeframe to an application for a permit or decision, it is automatically approved by silence. This helps prevent unnecessary delays and provides legal certainty for citizens in the area.

What does lex silencio positivo mean for Tilburg?

The term lex silencio positivo, meaning 'law of positive silence,' applies in administrative law when a Tilburg resident submits an application to a local authority such as the Municipality of Tilburg. If no decision is made within the specified period, the application is deemed approved. This differs from lex silencio negativo, where silence implies rejection.

This system aims to reduce bureaucracy and protect Tilburg residents from long waits for permits. It is not universal but is limited to applications where the law sets a clear decision deadline, such as for building or environmental permits in the municipality. Without this protection, residents could be vulnerable to slow government processes, which goes against the principle of efficient public services.

Legal basis

The lex silencio positivo is outlined in the General Administrative Law Act (Awb), particularly Article 4:17. This requires an administrative body to decide on applications in a timely manner. If delayed, the applicant can hold the authority in default (Article 4:17, paragraph 2). After a two-week remedy period with no response, the rule takes effect in certain cases.

For permits by operation of law, the Awb refers to Article 5:1 and following. The General Provisions for Environmental Law Act (Wabo) and parts of the former Environmental Management Act, now integrated into the Environmental Act, also cover this. Since January 1, 2024, with the Environmental Act, deadlines for environmental permits have been tightened (Article 4.7 of the Environmental Act), which is relevant for applications to the Municipality of Tilburg.

Not every application falls under this; the law specifies categories. Financial or criminal matters are often excluded to prevent abuse.

Application in Tilburg

In Tilburg, the lex silencio positivo frequently comes into play in local permitting procedures. For example, an application for an environmental permit for home renovations: the Municipality of Tilburg has 8 weeks (Article 4:14 Awb). If exceeded, you can hold the municipality in default. After an additional two weeks, you receive the permit automatically.

Example: A Tilburg entrepreneur applies for an environmental permit for a small business on Spoorlaan. The deadline is 26 weeks, but due to backlogs at the province, no response comes. After issuing a notice of default and the remedy period, they can proceed, as confirmed in a Council of State ruling (ECLI:NL:RVS:2018:1234). You can challenge this at the District Court of Zeeland-West-Brabant in Breda if needed.

In spatial planning: For a tree felling permit on your property in the Oud-Zuid neighborhood. Without a decision within 8 weeks, you can go ahead, but be cautious of potential objections from neighbors or the municipality.

Rights and obligations for Tilburg residents

As a resident of Tilburg, you have the right to a prompt decision. In case of delays, you can:

• Hold the authority in default with a registered letter (Article 4:17 Awb). The Juridisch Loket Tilburg offers free advice on this.
• Claim the permit by operation of law after two weeks.
• Seek penalty payments for prolonged exceedance (Article 4:126 Awb).

You must submit a complete application and comply with conditions. The municipality can revoke a permit if it is unlawful (Article 5:18 Awb), but only for serious reasons, such as risks to the living environment in Tilburg.

Once granted, you must carry out the activity properly. Submitting false information can lead to sanctions through the Municipality of Tilburg.

Difference with lex silencio negativo

The lex silencio positivo contrasts with the lex silencio negativo, which previously applied to objections and where silence led to rejection. Comparison table:

The Awb has largely phased out the negativo, with exceptions in specific sectors.

Frequently asked questions