A penalty under coercive fine is a sanction whereby you must stop a violation. If you do not do this within the specified time, you must pay a sum of money.
What does a penalty under coercive fine entail?
A penalty under coercive fine is an official decision that entails:
- You are given the obligation to undo a violation (the 'penalty')
- You are given a certain period to arrange this (the 'grace period')
- You must pay a financial sanction if you do not comply on time (the 'coercive fine')
In which situations is this imposed?
In Westland, the municipality may impose a penalty under coercive fine in situations such as:
- Building without the required permit
- Unauthorized use of a building or land
- Breach of environmental rules
- Violation of the General Local Ordinance (APV)
- Other violations that can be remedied
What is stated in the decision?
| Element | Explanation |
|---|---|
| The penalty | What you must precisely do or refrain from doing |
| Grace period | The time you have to comply |
| Amount of coercive fine | The amount per violation or per period |
| Maximum amount | The total amount you can maximum forfeit |
Objecting in Westland
If you disagree with the penalty under coercive fine, you can object to the municipality of Westland. Take into account:
- Objecting does not immediately suspend the penalty
- You can apply for an interim measure at the District Court of The Hague
- The term continues to run, unless the court suspends it
What if you do not comply?
If you do not remedy the violation within the term, you forfeit the coercive fine. The municipality of Westland can then collect this amount. You can object separately to this collection decision.
Frequently asked questions about penalty under coercive fine
Is there a limit to the coercive fine?
No, but there is always a maximum amount established. If this is reached, the municipality may impose a new penalty.
What if I am late with remedying?
Then you must pay the coercive fine for the period that you did not comply. Remedying stops further costs.
Can I request exemption?
You can submit a request to stop the collection, but this is rarely granted, only in exceptional circumstances.
Extra questions and answers
How long is the grace period in Westland usually?
The duration varies per case and is determined by the municipality. For simple matters, this can be 4-8 weeks, while more complex violations (such as environmental remediation) may take 3-6 months. Always check the specific decision.
What if I cannot pay the coercive fine?
If you do not pay, the municipality of Westland may proceed to collection via a writ of execution, possibly with seizure of your assets. Objection to collection is possible, but does not automatically suspend the action. Request payment extension in time in case of financial problems.
Can the coercive fine be reduced?
You can ask the municipality to reduce the coercive fine, for example in case of financial problems or unreasonable amount. Submit this request before the end of the term, preferably with legal support via for example the Juridisch Loket Westland.
What distinguishes a coercive fine from a fine?
A coercive fine is intended to enforce remediation, while a fine is a direct penalty. With a coercive fine, you only pay if you do not comply; with a fine, always. Both sanctions may occur simultaneously.
Do I have to pay during an objection procedure?
Yes, objection does not suspend the obligation. Apply for an interim measure at the District Court of The Hague to obtain temporary suspension during your objection.
Can I get an extension in Westland?
Extension is possible if the municipality agrees. Submit a well-substantiated request in which you explain why you need more time, for example due to practical or technical problems.