There is no legal protection if the National Coordinator Groningen cuts off an application under the Public New Construction Regulation. With this, Groningen residents can receive money for the extra costs associated with earthquake-resistant construction. The Council of State will look into this.
A resident of Farmsum has filed a lawsuit about it with the highest administrative court.
There is a difference between a registration and a request. The entire process starts with registration with the National Coordinator Groningen (NCG). After registration, an intake interview follows to see how promising an application will be.
No possibility of objection
“If the NCG says: this is not going to work for him, he will stop the application,” says a lawyer on behalf of the NCG. Termination takes place in consultation with the applicant. However, he cannot object to the termination and is left empty-handed. The NCG lawyer could not say how many cases about earthquake-resistant construction have therefore not been continued.
The NCG only calls it an application if written documents about the new construction costs are submitted. The applicant can object to a rejection. The inhabitant of Farmsum has not come that far. He went to the Northern Netherlands court against his discontinued registration.
Council of State critical
He thinks it is not possible for citizens to have a closed door in the preliminary phase. The Council of State had critical questions about this in an appeal case on Tuesday. However, according to the District Court of the Northern Netherlands, the notification system does not conflict with the General Administrative Law Act.
After the summer, the Public New Construction Scheme will be changed on an important point. The application no longer needs to be submitted eight weeks before the start of the work. The subsidy can also be applied for after the work has already been completed. The NCG does not want to drop the registration system. But I do want to get rid of the ambiguity about legal protection. Pronunciation follows.