Carport without a permit: legal explanation and advice


Questioner

toleration period for placement of carport without permit requirement, whereby the municipality applies a special municipal regulation.

Lawyer

Your question is not clear, would you like to indicate what the problem is? Has the carport been there, for how long, is a permit required, what is stated in the apv.

Lawyer

I understand from your question that a carport has been placed without the required permit and that no administrative action will be taken against it for a certain period. I also understand from your question that the reason for not taking administrative action for a certain period is based on municipal policy. Your question does not provide enough information to give a concrete answer. That is why you state the general principle. According to established case law, an administrative body is in principle obliged to take action against violations. Only in exceptional circumstances can this be waived. This is the case if there is a concrete prospect of legalisation of the violation or if administrative action is disproportionate. It is therefore possible that an application for a permit for the carport is in procedure, which means that administrative action will not be taken until a decision has been made on that application.

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