The government, including the municipality of Rijswijk, has a principle duty to enforce: in principle, it must act against violations. Deviation is only permitted in exceptional circumstances.
What does the principle duty entail?
The principle duty to enforce means that an administrative authority, such as the municipality of Rijswijk, is obliged to:
- Take action in case of violations
- Not tolerate violations without reason
- Safeguard the interests of society
When may the municipality not enforce?
There are two situations in which the municipality of Rijswijk may refrain from enforcement:
- Prospect of legalisation: the violation will soon be legalised
- Exceptional circumstances: enforcement would be disproportionately burdensome
Prospect of legalisation
This applies when:
- An application for a permit has been submitted to the municipality
- There is an expectation that the permit will be granted
- There are no obstacles to granting the permit
Submitting an enforcement request in Rijswijk
As a resident of Rijswijk, you can request the municipality to enforce:
- Send a written request to the municipality of Rijswijk
- The municipality is obliged to respond with a decision
- In case of rejection, you can lodge an objection
Frequently asked questions about enforcement in Rijswijk
Is the municipality of Rijswijk obliged to enforce upon my request?
The municipality must carefully consider your request, but is not always obliged to enforce if there are valid reasons not to do so.
What does tolerance precisely mean?
Tolerance means that the municipality consciously refrains from enforcement in case of a violation. This is only permitted under strict conditions.
Can I force the municipality of Rijswijk to enforce?
If the municipality refuses to enforce, you can object and possibly appeal to the District Court of The Hague. The court may oblige the municipality to take action.
Practical questions about enforcement
What if the municipality of Rijswijk rejects my enforcement request?
In case of rejection, you can lodge an objection within six weeks. Clearly explain why you believe enforcement is necessary. If the objection is rejected, you can appeal to the District Court of The Hague. Need help? Contact the Juridisch Loket Rijswijk.
How long does a decision on an enforcement request in Rijswijk take?
The municipality of Rijswijk normally has eight weeks to decide. In complex cases, this may be extended by six weeks. If there is no timely response, you can request a penalty payment or file a complaint for exceeding the term.
What are examples of exceptional circumstances?
This could be, for example, a temporary violation that is quickly remedied, a situation without immediate risk, or enforcement that would cause disproportionate damage, such as demolishing a home without alternative accommodation. The municipality must always substantiate this properly.
Can I claim damages if the municipality does not act?
In certain cases, a damages claim is possible if the municipality has been negligent. You must then prove that the municipality acted unlawfully and that you suffered damage as a result. The Juridisch Loket Rijswijk can advise you on this.
What is the difference between tolerance and non-enforcement?
Tolerance is a conscious choice to temporarily refrain from acting, often pending legalisation. Non-enforcement may also result from negligence. Tolerance requires clear motivation and is only permitted in exceptional cases.
Does my situation fall under the municipality of Rijswijk's enforcement duty?
The principle duty applies to violations of laws and regulations for which the municipality is competent, such as building regulations, environmental rules or local bylaws. If in doubt, you can contact the municipality of Rijswijk for more information.
Can I submit an enforcement request anonymously?
In general, the municipality of Rijswijk does not accept anonymous requests, as it must be able to establish who submitted the request and whether you are an interested party. However, you can ask for your details to be treated confidentially.