ENFORCEMENT

INTRODUCTION

It seems so obvious. If someone does not comply with the rules, the government will take enforcement action. If the government wants to, the rules can be enforced very vigorously.

Daily practice, however, turns out to be different. If a developer (person) violates the rules and regulations or operates without a permit, the government will take no action, but see whether the illegal can be ‘legalized’. This means that the “assertive” developer who does not care about the rules and creates a fait accompli will soon find the government on his side.

However, the government fulfills a pivotal role from a social point of view. The government must fulfill this function, among other things, by being involved in enforcement issues and then the government must not sit back uninterested as it does in daily practice.

In addition, the government must be impartial: if the government sets rules and regulations and requires permits, then every citizen must be able to count on the government to deal with this seriously and that not the developer (person), who violates the rules and regulations or operates without a permit, is excused.

YOU CAN ENFORCE ENFORCEMENT

Suppose you see abuses (activities in violation of the regulations) that the government does not take action against. For example, illegal felling of trees, construction, excavation, mining, erosion inducing run-off, etc.

It is important to know that the government has a “duty to enforce” in the event of a violation of the regulations. This means that you can enforce enforcement by submitting an enforcement request.

Enforcement by the government usually means imposing a penalty or giving an administrative order.

This shows how important an enforcement request is. It is an incentive for the government to take action and if the government does not do this, you create your own procedure entry point.

DECISION

The government is obliged to make a decision on the enforcement request within eight weeks of the date of receipt. If no decision has been taken within these eight weeks, the government can be declared in default and a notice of objection can be submitted. Objection to the failure to make a decision on an enforcement request.

Failure to take a decision on time is equated with a decision, resulting in access to a court.

PROCEDURE

Step 1
First you (can) submit a written complaint to “Toezicht en Handhaving”.

Formally is not necessary to submit a complaint. You can directly submit an enforcement request as described in step 2;

Step 2
If your submitted complaint does not lead to a solution, you can request the “Bestuurscollege” in writing to take enforcement action. You then submit a ‘request for enforcement’.

Where do you have to be?

A complaint to “Toezicht en Handhaving” (Supervision and Enforcement).

An enforcement request to the “Bestuurscollege” (Executive Council).

Source:
Wet volkshuisvesting, ruimtelijke ordening en milieubeheer BES
Algemene wet bestuursrecht