Object to expensive fee ordinance? 3 reasons why it pays off

Does it make sense to object to a high fee bill? Yes, if you know exactly what to look for. Some arguments you may find valid but judges may not, according to various rulings. Fortunately, case law also provides insight into arguments that are likely to succeed. I will go through them with you below.

1: Was the ordinance published in the correct manner?

It is worthwhile to find out whether the ordinance with its fee table has been published correctly. This seems an unimportant detail, but if the municipality is not complete in this respect, it can mean that the fees ordinance is declared invalid. In concrete terms: you will pay no fees at all.

Let me explain exactly how this works. Many fee ordinances and fee tables refer to the UAV 2012 or NEN standards for determining construction costs. As of January 1, 2014, Article 139 of the Municipalities Act has been amended. In deviation from the main rule that the ordinance is published in the municipal gazette, it can be provided for annexes to be published by making them available for inspection. Recently, the Supreme Court and some lower courts ruled that the UAV 2012 and NEN standards should be considered annexes to a dues ordinance. Thus, if the dues ordinance or fee table refers to NEN standards or the UAV 2012, they must either be published in the municipal gazette or made available for inspection. Many municipalities have not done this, which can result in the fees ordinance being declared non-binding (not valid).

2: Do estimated benefits exceed estimated costs?

It is clear from case law that the estimated income through fees may not exceed the related expenses. In fact, a fee regulation is completely non-binding if the estimated income exceeds the related expenses by more than 10%. Specifically, you do not pay any fees.

If you look superficially at a regulation, the benefits do not seem to exceed the related expenses. But ... if you know exactly how to apply the applicable regulations, in many cases it turns out that the estimated benefits exceed the estimated costs. And then often by more than 10%.

3: Some construction costs are permit-free

Recent case law shows that if construction costs are determined on the basis of the UAV 2012 or NEN standards, you only have to pay fees for the activities requiring a permit. This does mean that you have to be smart about the application. Everything you include in the application does count in determining the amount of the fees. Even if that part is not actually subject to a permit requirement. Permit-free applications include small additions or the plastering of a wall, as well as the costs of finishing the building. In addition, you also do not have to include the costs for CAR insurance, for example, in the application.

You see, objecting to a high fee bill is often worthwhile. But prevention is better than cure. So it is even smarter to prepare the permit application properly, which saves time and procedural costs. I will gladly help you with that.