In some cases in Rijswijk you receive an automatic permit if the municipality does not take a decision within the prescribed period. This principle is called lex silencio positivo or permit by operation of law.
What does lex silencio positivo entail?
Lex silencio positivo, or 'silence gives consent', means that in Rijswijk you get a permit if the municipality does not make a decision in time. This permit then arises automatically by operation of law.
When does this principle apply?
In Rijswijk, lex silencio positivo applies to:
- Regular environmental permits (for example for construction projects)
- Certain event permits
- Other permits where this is specifically laid down in the law
When does this NOT apply?
The principle does not apply to:
- Environmental permits with an extended procedure
- Permits with high risks to the environment
- Environment-related permits
- Situations where the law explicitly excludes this
What happens after the permit arises?
If the decision period in Rijswijk expires without a response from the municipality:
- The permit arises automatically by operation of law
- You must request the municipality to officially confirm this
- The municipality must publicly announce the permit
- You may only start the activities after the announcement
Frequently asked questions about lex silencio positivo in Rijswijk
How do I know if my permit has been automatically granted?
If the decision period has expired without a decision from the Municipality of Rijswijk, you can request confirmation in writing.
Can an automatically granted permit be revoked?
The municipality cannot revoke such a permit at will, but other parties, such as neighbours, can lodge an objection.
Can I start immediately after the period expires?
No, you must wait for the official announcement by the Municipality of Rijswijk before you may begin.
Extra questions and answers
How long is the decision period for lex silencio positivo in Rijswijk?
The period varies per permit, but for a regular environmental permit this is often 8 weeks. Sometimes this can be extended by 6 weeks. Check the specific rules or your receipt confirmation for the exact period.
What if the Municipality of Rijswijk says this principle does not apply?
Request in writing an explanation of why lex silencio positivo would not apply. Review the relevant legislation and consider objection or legal advice via the Juridisch Loket Rijswijk if you disagree.
Can I object to an automatically granted permit?
Yes, third parties such as neighbours can lodge an objection with the Municipality of Rijswijk within six weeks after the announcement. If the objection is well-founded, the permit may be amended or revoked.
What are the risks if I start without official announcement?
If you start before the permit has been officially announced, the Municipality of Rijswijk may consider this illegal. This may lead to sanctions such as a building stop or a fine.
How do I request confirmation of a permit by operation of law?
Send a written request to the Municipality of Rijswijk stating your application number and the date of submission. The municipality must respond to this.
Does this also apply to online applications?
Yes, lex silencio positivo also applies to digital applications in Rijswijk. The period starts as soon as the application is fully submitted, regardless of the method.
What if the municipality rejects after the period?
A rejection after the decision period is invalid, because the permit has already arisen automatically. Point this out to the municipality and request confirmation. If necessary, you can take legal steps via the District Court of The Hague.