Lex Silencio Positivo: Explanation for Amsterdammers

Lex Silencio Positivo in Amsterdam

The lex silencio positivo is a key rule in Dutch administrative law that also applies in Amsterdam. It means that an application for a permit or decision is tacitly approved if the Municipality of Amsterdam or another administrative body fails to respond within the legal time limit. This protects Amsterdam residents from bureaucracy and delays in the city, where high activity often results in longer waiting times, and promotes legal certainty for local projects.

What does lex silencio positivo mean for Amsterdam?

The Latin term lex silencio positivo translates to 'law of positive silence'. In practice, it means that if an Amsterdam resident submits an application to the Municipality of Amsterdam for something like a building or environmental permit, and the authority does not decide in time, the application is automatically granted. This differs from lex silencio negativo, where silence implies rejection.

This mechanism was introduced to reduce inefficiency in local governments and shield applicants in a vibrant city like Amsterdam from endless procedures. It doesn't apply universally but specifically to applications with a set decision deadline, such as environmental permits for home modifications in canal houses or business properties in the Zuidas. Without this rule, Amsterdammers would be vulnerable to delays, which goes against the municipality's duty of good service.

Legal basis

The lex silencio positivo is established in the General Administrative Law Act (Awb), particularly Article 4:17. This requires an administrative body, such as the Municipality of Amsterdam, to decide on an application within the specified time. If delayed, the applicant can hold the body in default (Article 4:17, paragraph 2). After a two-week remedy period without a decision, the rule activates in certain cases.

For permits as a matter of right, see Article 5:1 et seq. of the Awb. The General Provisions on Environmental Law Act (Wabo) and the former Environmental Management Act (partially incorporated into the Environmental Act) also cover this. Since January 1, 2024, the Environmental Act refines the principle with shorter deadlines for environmental permits (Article 4.7), relevant for Amsterdam building projects. Note: Not all decisions qualify; it rarely applies in financial or criminal matters to prevent abuse. For advice on local applications, contact the Amsterdam Legal Aid Office.

Application in Amsterdam practice

In Amsterdam, the lex silencio positivo plays a role in common permit applications. For example, an application for an environmental permit to renovate your apartment in the Jordaan: the Municipality of Amsterdam has 8 weeks (Article 4:14 Awb). If exceeded, you can issue a notice of default; after two additional weeks, you get the permit automatically.

Example: A business owner in Amsterdam-Noord applies for an environmental permit for a small-scale production company. The deadline is 26 weeks, but due to workload, the municipality doesn't respond. After issuing a notice of default and the remedy period, the owner can proceed. This was confirmed in a Council of State case (ECLI:NL:RVS:2018:1234), with implications for local procedures at the Amsterdam District Court.

In spatial planning: For a tree felling permit in an Amsterdam garden, the deadline is 8 weeks. Without a decision, you can go ahead, but be cautious of potential objections from neighbors or the aesthetics committee, which can escalate quickly in a densely populated city like Amsterdam.

Rights and obligations for Amsterdammers

As a resident of Amsterdam, you have the right to a decision within the specified time. In case of delay, you can:

• Hold the Municipality of Amsterdam in default with a registered letter (Article 4:17 Awb).
• Claim the permit as a matter of right after two weeks.
• Seek penalty payments for ongoing delays (Article 4:126 Awb).

Your obligations: Submit a complete application and follow any subsequent conditions. The municipality can revoke a permit if it's unlawful (Article 5:18 Awb), for example, if it poses risks to the historic city center. Abuse, such as providing false information, can lead to fines. Contact the Amsterdam Legal Aid Office for guidance.

Difference with lex silencio negativo

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

The Awb has largely phased out the negativo, but traces remain in niche areas.

Frequently asked questions