Serving a notice of default on the municipality for delaying its decision
What is it?
If you have submitted an application or an objection and the municipality fails to make a decision on time, you can issue a notice of default to the municipality. This means that you ask the municipality to make a decision within two weeks. If the municipality fails to do so, it must pay you a sum of money. This sum is called a penalty payment.
How does it work?
- The municipality must decide on your application or objection within the statutory time limit. If no statutory time limit applies to your application or objection, please allow 8 weeks for a decision.
- If the municipality needs more time to make a decision, it may extend the deadline. The municipality must always notify you of this.
What should I do?
Download the Notice of Default Form and print it out. Fill in all the information and send the form to the municipality.
How long does it take?
- The municipality will decide on your application or appeal within two weeks of receiving your form.
- If the municipality fails to do so, it must pay you a penalty of for each day after the deadline that it has not made a decision.
- As a last resort, you can also take the matter to court. This is called “filing an appeal.” The court may order the municipality to make a decision within two weeks. The court may also impose a penalty if the municipality fails to make a decision within two weeks.