2026 monthly series · Written retrospectively on 13 November 2026. The month is an editorial archive classification, not a claim that this article was first published then or reports an event in that month. Legal position reviewed as at 13 November 2026.
An unanswered application does not necessarily mean that a business has to wait indefinitely. The application file should show what was requested, when it arrived and how subsequent information requests were answered.
What to examine
Section 75 VwGO concerns the absence of a substantive decision on an application or administrative objection. A three-month waiting period generally applies, subject to the statutory qualifications and sufficient reasons for delay. A court action does not automatically produce a permit: substantive entitlement and any administrative discretion remain relevant. Urgent relief requires a separate justification.
Four practical examples
These illustrative scenarios are not accounts of client matters.
Example 1
The authority repeatedly requests documents: maintain a table showing each request and the response.
Example 2
An investment deadline approaches: document the deadline and the consequences of missing it.
Example 3
The application is incomplete: address the missing information before assuming that delay is unjustified.
Example 4
The authority has discretion: distinguish an entitlement to a particular result from an entitlement to a lawful decision.
Preparing an enquiry
Provide a short chronology, the parties‘ names, complete relevant documents and evidence of service. Flag any current deadline or enforcement measure. An enquiry does not itself preserve a deadline or create a mandate.