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 to 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.