Administrative fine BRP
Gepubliceerd op: 15-12-2016
Geprint op: 21-07-2019
https://www.rotterdam.nl/english/administrative-fine-brp/
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Foto: gemeente Rotterdam

The Municipality of Rotterdam has introduced an administrative fine for the Persons Database (BRP). The fine is an incentive to make sure that everyone registers properly and passes on correct information in good time.

 An administrative fine can be issued in accordance with Section 4.17 of the Basic Registration of Persons Act ('Wet Basisregistratie Personen', BRP Act).

Why is proper registration necessary?

In order to provide good services, it is important that the municipality has accurate information about its residents. For instance, in order to produce a passport, an identity card or a driving licence. But also to know who has a right to vote and who is entitled to a rent supplement or in order to be able to levy municipal taxes. National authorities such as the Social Insurance Bank (Sociale Verzekeringsbank), pension funds and the Tax and Customs Administration (Belastingdienst) also use personal data from the BRP. Being properly registered can even be vital, for instance, in the event of a disaster. At such moments proper registration is vitally important in order to warn someone in time or to trace them. These are sufficient reasons for making sure the BRP remains up-to-date and reliable.

When can you be fined?

An administrative fine can be imposed if you deliberately provide incorrect information for the Persons Database (BRP). You are in fact required to comply with your obligations in accordance with the BRP Act.

The BRP Act is the legal basis for the BRP. It includes the obligations that you, as a citizen, must fulfil. The municipality can issue you with an administrative fine if you fail to fulfil certain obligations based on the BRP Act. You are obliged to provide the municipality with correct and up-to-date personal details. This means that you must pass on changes in your personal details (such as a change in address) in good time.

More specifically, the BRP Act describes, for example, the following obligations:

  • Registration of a change of address within the Netherlands: no more than four weeks before the move and no later than five days after the day on which you moved;
  • Registration of a move abroad if you intend to reside outside the Netherlands for more than eight months during one year: no more than five days before your departure and no later than on the day of your departure. Will someone continue to live at your address? In that case all the persons who are leaving must report in person to the central reception desk;
  • Reporting residence from abroad: no later than on the fifth day after the date of residence. The expectation must be that you will reside in the Netherlands at least two-thirds of the time during the next six months. In that case you are obliged to report to the municipality all facts relating to your personal status that have occurred abroad. This includes details concerning your name, your parents, your children or details of a marriage or a civil partnership;
  • In all cases, the municipality can require you to provide information about your registration, to supply documents or to attend the central reception desk in person;
  • If someone is registered with you at a postal address, you are obliged to:
    • make sure that they receive their post;
    • provide information about their address, if requested by the municipality;
  • You are obliged to report to the municipality all facts relating to your personal status that occur abroad. This includes details concerning your name, your parents, your children or details of a marriage or a civil partnership. The Persons Database receives details about births, marriages, etc. in the Netherlands from the Registry of Births, Marriages and Deaths. If facts have occurred abroad, you are obliged to report these to the municipality;
  • The municipality may summon you to provide information about the death of a closely related family member. This includes a spouse, a registered partner and other relatives up to and including those who are twice removed. The municipality can oblige you to provide the relevant documents. Information from these documents is important for the maintenance of personal details in the Persons Database;
  • The above-mentioned obligations also apply to parents and carers of minors, with the assumption being that young people aged 16 or 17 years may also comply with their own obligations themselves.

You risk being fined in the following cases:

  • If you fail to fulfil your obligation to report a change of address;
  • If you do not provide information during an address investigation;
  • If you deliberately give someone permission to register at your address, while that person does not live there and does not intend to live there; and/or
  • If you register for the first time in the Netherlands and you do not provide the requested supporting documents, or fail to provide them on time. For instance, a birth certificate or a marriage certificate.

What is the amount of the fine?

The amount of the fine can vary, but the maximum is 325 euros.

Can you object to a fine?

Yes, more information about this can be found on the page Submitting an objection. The municipality is not allowed to impose a fine without good reason. If it believes that you have failed to fulfil an obligation, this must be apparent from information available at the municipality. This information must not only show that you failed to fulfil the obligation, but also that you acted culpably.