An administrative order subject to penalty is a remedial measure whereby you must stop a violation. If you do not do so, you must pay a financial sanction.
What does an administrative order subject to penalty entail?
An administrative order subject to penalty is an official decision in which:
- You are given the obligation to undo a violation (the 'order')
- You are given a certain period to do this (the 'grace period')
- You must pay a penalty if you do not comply on time (the 'penalty')
When is an administrative order subject to penalty imposed?
The administrative authority in Rijswijk may apply an administrative order subject to penalty in situations such as:
- Building without the required permit
- Unauthorized use of a building or land
- Breach of environmental regulations
- Violation of the General Local Ordinance (APV)
- Other violations that can be remedied
Details of the decision
| Element | Explanation |
|---|---|
| The order | What you must carry out or stop |
| Grace period | The time you are given to comply |
| Amount of the penalty | The amount per violation or per period |
| Maximum amount | The highest amount you can forfeit |
Filing an objection
It is possible to object to an administrative order subject to penalty in Rijswijk. Take into account:
- Filing an objection does not immediately suspend the order
- Consider applying for an interim measure via the District Court of The Hague
- The grace period continues to apply, unless the court suspends it
Forfeiture and collection
If you do not comply with the order, you forfeit the penalty. The administrative authority can then collect this amount. You can file a separate objection against the collection decision.
Frequently asked questions about administrative orders subject to penalty
Can the penalty keep increasing?
No, there is always a maximum established. If this is reached, the administrative authority must impose a new order.
What if I stop the violation later?
Then you owe the penalty for the period that you were late. Stopping it prevents further costs.
Is remission possible?
You can request to waive collection, but this is rarely granted, only in exceptional circumstances.
Extra questions and answers
How long is the grace period normally?
The duration varies per case and is determined by the administrative authority in Rijswijk. This can be a few weeks for simple violations (such as removing an illegal structure) to a few months for more complex cases (such as environmental remediation). Check the decision for the exact term.
What if I do not pay the penalty?
If you do not pay voluntarily, the administrative authority may proceed to collection via a writ of execution. This can lead to attachment of your income or property. Objection against the collection decision is possible, but does not automatically stop the collection.
Can the amount of the penalty be adjusted?
You can submit a request to reduce the penalty, but this is not a right. Substantiate your request with reasons such as financial problems or unforeseen obstacles. Submit this before the end of the term, possibly with help from an advisor via the Juridisch Loket Rijswijk.
What distinguishes an administrative order subject to penalty from a fine?
An administrative order subject to penalty aims at remedying a violation, whereas a fine is a direct punishment. With a penalty, you only pay if you do not comply; with a fine, always. Both sanctions can occur together.
Do I have to pay if I have filed an objection?
Yes, filing an objection does not pause the order. The term continues to run and you can forfeit the penalty. Apply for an interim measure at the District Court of The Hague to obtain suspension during the procedure.
Can I get more time to comply with the order?
Extra time is possible, but only with permission from the administrative authority. Submit a well-substantiated request explaining why you need an extension, for example due to practical limitations.