An order subject to penalty is a legal measure to stop a violation. If you do not comply, you must pay a fine.
What does an order subject to penalty entail?
With an order subject to penalty, you receive an official decision in which:
- You are given the obligation to undo a violation (the 'order')
- You are given a certain period to arrange this (the 'grace period')
- You must pay a financial sanction if you do not act on time (the 'penalty')
When is an order subject to penalty imposed?
The municipality of Zoetermeer or another administrative authority may impose an 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 are obliged to do or refrain from doing |
| Grace period | The time you have to comply |
| Amount of penalty | The amount per violation or per time period |
| Maximum amount | The highest amount you can pay |
Filing an objection
It is possible to object to an order subject to penalty. Important points:
- Filing an objection does not immediately stop the obligation
- Consider applying for an interim measure
- The deadline continues to apply, unless a court suspends it
Forfeiture and collection
If you do not comply with the order, you incur the penalty. The administrative authority can then collect this amount. You can file a separate objection against the collection decision.
Frequently asked questions about order subject to penalty in Zoetermeer
Does a penalty accumulate endlessly?
No, there is always a set maximum. Once this is reached, the administrative authority must take a new decision.
What if I am too late in stopping the violation?
Then you pay the penalty for the period in which you did not comply. Stopping the violation prevents further costs.
Is remission an option?
You can submit a request to stop the collection, but this is rarely granted, only in exceptional circumstances.
How long is the grace period typically?
The duration of the grace period varies and is determined by the administrative authority in Zoetermeer. This can be a few weeks for simple violations (such as removing an illegal structure) to several months for more complex cases (such as environmental remediation). Always check the specific decision for the exact period.
What if I do not pay the penalty?
If you do not pay the imposed penalty, the administrative authority may proceed to collection via a writ of execution. This can lead to attachment of your bank account or property. Objection to the collection decision is possible, but does not automatically stop the collection. Pay on time or request deferral in case of financial problems.
Can the penalty be reduced?
You can submit a request to reduce the penalty, but the administrative authority is not obliged to do so. Substantiate your request with reasons such as financial problems or unforeseen circumstances. Submit this request before the end of the grace period. Assistance from a legal advisor, for example via the Juridisch Loket Zoetermeer, can be useful.
What distinguishes an order subject to penalty from a fine?
An order subject to penalty is intended to correct a violation, while a fine is a punishment for the violation itself. You only pay a penalty if you do not comply, a fine is always due. A penalty has a maximum, a fine a fixed amount. Both can be imposed simultaneously.
Do I have to pay if I have filed an objection?
Yes, filing an objection does not automatically stop the order. The deadline continues to run and you may incur the penalty. To prevent payment during the procedure, you can apply for an interim measure at the District Court of The Hague.
Is deferral possible for complying with the order?
Deferral may be granted, but only with permission from the administrative authority. Submit a well-substantiated request explaining why extra time is needed, for example due to practical or technical limitations.