Revocation of permits

What we do

The municipality can revoke permits. When construction takes place, the rules of the zoning plan must be complied with. If the rules have been applied incorrectly or the permit has been granted wrongly, the municipality can revoke the permit. A general rule applies to the revocation of permits: if no activities with the permit have taken place for an extended period, the municipality can revoke the permit.

It is often thought that a statute of limitations applies to illegal construction; however, this is not the case. It is regulated by law that it is prohibited to build without a permit.

A permit may be revoked, among other things, if:

• the wrong information was submitted when applying for a permit;
• insufficient information was submitted when applying for a permit;
• the regulations are not being adhered to;
• the municipality has chosen to revoke the permit.

When organizations encounter enforcement issues, it is advisable to seek expert legal advice. We have extensive experience with enforcement issues and procedures. Contact us to discuss the possibilities.

Revocation of permits within supervision and enforcement

The revocation of a permit is one of the more severe instruments available to an administrative body within supervision and enforcement. Unlike a warning, a penalty payment order, or an administrative enforcement order, revocation deprives you of the legal basis to continue carrying out your activity. For a business, this can have drastic consequences: from an international group losing an environmental permit to the hospitality entrepreneur or the baker on the corner who has to close their doors without an operating permit. A decision to revoke is a decision within the meaning of the General Administrative Law Act (Awb), against which legal protection is available. This page examines the revocation of permits from the perspective of Supervision and Enforcement: when may the government revoke, which principles limit that power, and how can you defend yourself?

On what grounds can a permit be revoked?

The grounds for revocation vary by type of permit and by legal framework. Broadly speaking, we distinguish:

• Revocation as a sanction (punitive or remedial) – for example, in the event of repeated or serious violation of the permit conditions.
• Revocation due to an incorrect or incomplete application – when the permit has been granted on the basis of incorrect or incomplete information.
• Revocation due to non-use – under the Environment and Planning Act, an environmental permit for a construction activity may be revoked pursuant to Article 5.40, paragraph 2 of the Environment and Planning Act if no activities have been carried out for at least one year (or a longer period specified in the permit).
• Revocation pursuant to the Bibob Act – pursuant to Article 3 of the Act on the Promotion of Integrity Assessments by Public Administration, an administrative body may revoke a permit if there is a serious risk that the permit will be used to utilize advantages derived from criminal offences (ground A) or to commit criminal offences (ground B).
• Withdrawal due to changed policy or changed circumstances – in which the principles of legitimate expectations and proportionality play an important role.

The grounds at issue largely determine your defense. Our lawyers and in-house counsel are the first to map this out.

Jurisdiction, justification and proportionality

An administrative body may not simply revoke a decision. The authority must be based on a statutory basis, and the decision must be properly reasoned (Article 3:46 of the General Administrative Law Act). Moreover, the revocation must be proportionate: pursuant to Article 3:4, paragraph 2 of the General Administrative Law Act, the adverse consequences of the decision may not be disproportionate in relation to the objectives to be served by the decision. Particularly in the case of a drastic instrument such as revocation, the administrative court rigorously scrutinizes whether the administrative body has weighed less far-reaching alternatives and whether the facts support the revocation. If an adequate basis or reasoning is lacking, the revocation is unlawful.

Legal protection: opinion, objection and appeal

Various remedies are available against a threatened or taken revocation:

• Statement of views – in the case of a proposed ex officio revocation, the administrative body must in principle first hear you. Pursuant to Article 4:8 of the General Administrative Law Act (Awb), you are given the opportunity to present your views before the decision is taken. A well-substantiated statement of views can still prevent a revocation.
• Objection – you may lodge an objection against a revocation decision within six weeks (Article 6:7 of the General Administrative Law Act).
• Appeal and further appeal – against the decision on the objection, an appeal is open to the District Court and subsequently a further appeal to the Administrative Jurisdiction Division of the Council of State.
• Interim relief – in urgent cases, you may ask the preliminary relief judge to suspend the decision, so that you can continue your activity pending the proceedings.

The deadlines are fatal. Responding too late generally means the decision becomes unassailable. Therefore, seek legal assistance in a timely manner.

How MKB Juristen assists you

At MKB Juristen, lawyers and in-house counsel work together in mixed teams. This allows us to combine the decisiveness of a lawyer in litigation with the practical, business-oriented perspective of an in-house counsel. We assist both international corporations and small business owners: from a manufacturer with a complex environmental permit to the baker on the corner with an operating or terrace permit. Our approach:

• we assess the basis, the facts, and the justification for the (intended) revocation;
• we prepare a substantiated view, a notice of objection, or a notice of appeal;
• where necessary, we request a preliminary injunction to limit the consequences;
• We advise on compliance to prevent a new revocation.

Frequently asked questions about the revocation of permits

Can the municipality simply revoke my permit?
No. There must be a legal basis, the decision must be properly substantiated and proportionate. Moreover, in the case of revocation ex officio, you must first be heard (Article 4:8 of the General Administrative Law Act).

How much time do I have to respond to a withdrawal?
The objection period is six weeks after the decision is announced (Article 6:7 of the General Administrative Law Act). Do not wait too long, because after the deadline expires, the decision becomes, in principle, unassailable.

Can I continue my activity during the proceedings?
An objection or appeal does not automatically suspend the decision. In urgent cases, you can ask the preliminary relief judge to order a provisional measure (suspension).

What does a Bibob revocation entail?
Pursuant to Article 3 of the Bibob Act, a permit may be revoked in the event of a serious risk of abuse. This is a far-reaching and often sensitive process; proper guidance is essential.