In Rijswijk, the government may choose not to enforce violations through a tolerance policy or a specific tolerance decision.
What does tolerance mean?
Tolerance means that the Municipality of Rijswijk is aware of a regulatory violation but consciously refrains from enforcement. This occurs exclusively under exceptional circumstances.
When is tolerance permitted?
In Rijswijk, tolerance is possible if:
- There is a clear prospect of legalization
- Enforcement would be disproportionately burdensome
- There is a temporary situation
- The public interest is not harmed
What is a tolerance decision?
A tolerance decision is an official decision of the Municipality of Rijswijk stating that enforcement is temporarily refrained from. Key points:
- The decision is in writing and substantiated
- It is often temporary and subject to conditions
- It can be revoked at any time
- Third parties may lodge an objection against it
What is tolerance policy?
Tolerance policy concerns the general guidelines of the Municipality of Rijswijk regarding situations in which no enforcement takes place. Examples include:
- Regulations for coffee shops
- Specific rules for minor building deviations
Risks of tolerance in Rijswijk
| For the violator | For neighbours |
|---|---|
| No guarantee, tolerance can be discontinued | Possibility to demand enforcement |
| Damage is at own expense | Lodge an objection against a tolerance decision |
| No claim to compensation upon termination | Initiate a legal procedure |
Frequently asked questions about tolerance in Rijswijk
Am I entitled to tolerance?
No, tolerance is not a right. The Municipality of Rijswijk can always decide to enforce after all.
What if a neighbour objects to my tolerated situation?
A neighbour can submit a request for enforcement to the municipality. The situation will then be reassessed.
Can tolerance suddenly stop?
Yes, the municipality can terminate tolerance. You will usually be given a reasonable period to adjust the situation.
Contact and support in Rijswijk
For legal advice on tolerance, you can contact the Juridisch Loket Rijswijk. In addition, matters concerning tolerance decisions in Rijswijk fall under the District Court of The Hague.
Practical questions about tolerance decisions
How do I apply for a tolerance decision in Rijswijk?
You must submit an application for a tolerance decision in writing to the Municipality of Rijswijk. Explain why tolerance is appropriate in your case, for example due to an ongoing legalization or disproportionate consequences of enforcement. Attach relevant documents and inquire in advance with the municipality about the procedure.
What are the criteria for a tolerance decision?
A tolerance decision is only granted in Rijswijk in exceptional situations, such as a temporary bridging period or if enforcement would be too burdensome. The decision is in writing, often temporary and can be revoked in the event of changed circumstances.