When can I start carrying out the works? This is a question we get regularly. The answer to it depends on several factors. For example, it depends on whether the permit was appealed. The time of posting also plays an important role. In this article, we therefore discuss the main rules regarding the enforceability of a permit.
Rule 1: The licence is in principle enforceable 35 days after the first day of posting
When you get a permit, you will always have to make this known by displaying this permit. In concrete terms, this means that you must put up a yellow poster in A2 format for 30 days. This must be done at the place where you will execute the permit. Usually, the municipality will provide you with this yellow poster. If no appeal is lodged, you may then use the permit for 35 days after the first day of posting.
Find more information on posting the yellow poster here.
Rule 2: An appeal to the province suspends the enforceability of the permit
From the moment the permit is posted, local residents have 30 days to challenge the environmental permit. They can do this by filing an appeal with the province. The person filing this appeal with the province is obliged to inform you. After all, such an appeal suspends the enforceability of a permit. In concrete terms, this means that you cannot use the permit until the province has ruled on the appeal.
Here are some practical tips on contesting planning permission.
Rule 3: A permit granted on appeal is in principle immediately enforceable
If the province reissues the licence in degree of appeal, you may use this licence immediately. No waiting period applies here. The suspension of enforceability is lifted immediately. However, in case a permit was granted, you must re-post it. Subsequently, local residents have 45 days to appeal to the Council for Permit Disputes.
Rule 4: During proceedings before the Licensing Disputes Board, the licence remains in principle enforceable
During the proceedings before the Licensing Disputes Board in principle, the licence remains enforceable. Therefore, if a neighbour has lodged an appeal with the Council, you may continue to use the licence. This is unless the Council suspends the permit at the request of the neighbour. If necessary, the neighbour can also ask the civil court to temporarily halt the works pending a decision by the Council.
Rule 5: Execution of a licence during proceedings before the Licensing Disputes Board is always at your own risk
If there is no suspension of the permit, however, its implementation during proceedings before the Council is always done at your own risk. After all, if the Council subsequently annuls the permit, you run the risk of being left with an unlicensed construction. If local residents are inconvenienced by this, they may also be able to claim its demolition through the civil courts.
Find more information on the consequences of a construction violation on your property here.
Do you have questions about your licence application? Or would you like to consult with a environmental law lawyer? Then feel free to take contact on.
