A permit application by e-mail: shouldn't, can't?!

Many activities are subject to a permit requirement. This means that as a citizen or company, you must first submit a permit application to the administrative body and get the permit granted before you can carry out the activity in question. Normally, a permit is applied for by filling in an (electronic) application form. However, it sometimes happens that citizens or companies take a different approach. 

Such was the case in the Limburg District Court's ruling of 17 January 2025. Here, the plaintiff had submitted a permit application by e-mail. In the e-mail, he indicated that he would like to hear if anything was missing from his application, and that he would otherwise like to come and bring the form to the municipality. According to the college, this was not a permit application. The court does not follow this view. After all, this was a request by an interested party to make a decision. The fact that the permit application was flawed does not alter this. 

The board should therefore have made a decision on the application within eight weeks, ruling that the application did not meet the submission requirements and giving the claimant the opportunity to rectify the defect (as yet). Since the college failed to do so and did not decide on the plaintiff's permit application within the decision period, the plaintiff's appeal for failure to decide on time was upheld. 

The board is ordered to still take a decision, under penalty of forfeiting penalties. 

We can conclude from this ruling that it is possible to submit a permit application in a less common way, or at least that such a permit application must be considered by the administrative body. So always be aware of your rights and act accordingly. 

Do you have a question about a permit application you need to submit, or are you wondering whether you should submit a permit application at all? If so, please contact Gerard van der Wende or Fleur Huisman. 

You can read the ruling here.