Room for error
What is the principle of room for error?
The room for error allows a user to regularise their error without risking a penalty (financial penalty for example).
The room for error is part of the law of 10 August 2018 for a State serving a trust-based society (ESSOC), which provides for several measures designed to renovate relations between the public and the administration.
All administrations are affected by the room for error, including the RIF office.
What are the conditions for benefiting from the room for error?
You must meet the 3 following conditions :
- You were unaware of a rule or you are making an error for the 1st time ;
- You regularise your situation on your own initiative or at the request of the administration within the specified period;
- You are acting in good faith. It is up to the administration to prove your bad faith or that you are committing fraud.
Can the room for error be exercised regardless of the error made?
No, the room for error does not apply in the following cases:
- Gross or grossly negligent error (e.g. misrepresentation).
- An error that cannot be rectified (e.g. failure to declare or late declaration)
- Sanction under European Union law
- Sanction imposed in the event of failure to comply with rules that directly protect public health, the environment or the safety of people or property.
- Sanction provided for in a contract
- Penal sanction, i.e. a sanction not imposed by the administration
- Sanction imposed by a regulatory authority on professionals subject to its supervision
- Obligation linked to an international convention that may oppose it (for example, in labour law).
In practice, how can you benefit from the room for error?
You must contact the administration concerned on your own initiative to regularise your situation.
The administration may also ask you to regularise your situation within a deadline that it sets.