With bestuursdwang, the government in Rijswijk intervenes itself to stop a violation and charges the costs to you. This is a more severe sanction than an administrative fine.
What does bestuursdwang entail?
Bestuursdwang means that the [administrative authority](https://rechtshulpdenhaag.nl/encyclopedie/bestuursorgaan-identificeren) in Rijswijk takes direct action to terminate a violation. Examples include:
- Demolition of an unauthorised structure
- Eviction of a dwelling or building
- Removal of illegal goods
- Closure of a business
How does the procedure proceed?
- An announcement or warning from the administrative authority
- Opportunity to state your position
- Official decision on bestuursdwang
- Period to remedy the violation yourself
- Execution by the government if you do not respond
- Reimbursement of costs by you
Bestuursdwang versus administrative fine
| Bestuursdwang | Administrative fine |
|---|---|
| Government carries out | You must take action yourself |
| Costs recovered afterwards | Fixed penalty per violation |
| Direct solution | Incentive to act yourself |
| More severe measure | Less severe |
Cost recovery
The costs of bestuursdwang in Rijswijk are recovered from you:
- All necessary and reasonable expenses
- Including costs for planning and execution
- You can lodge a separate objection against the cost decision
Frequently asked questions about bestuursdwang in Rijswijk
Can the government just remove my property?
Only after a valid decision and after expiry of the set period. You first get the chance to intervene yourself.
What if I cannot afford the costs?
The government can collect the costs as a debt. Applying for a payment arrangement is often possible.
Can I get my property back?
Goods are often stored temporarily. You can get them back after payment of the storage costs.
Additional questions and answers
What is the duration of the period to take action yourself?
The period is usually at least 4 weeks, but may be shorter in cases of urgency. This is stated in the decision. During this period, the government may not intervene, provided you remedy the violation.
What to do in case of disagreement with the decision?
Within 6 weeks after notification, you can lodge an objection with the administrative authority in Rijswijk. Explain why you disagree. Usually, execution is suspended during the objection, except in cases of urgency.
Am I liable for costs in case of errors by the government?
If the government acts incorrectly, you can object to the cost decision. Demonstrate that the costs are unreasonable. Compensation may sometimes be possible; consult a lawyer via the Juridisch Loket Rijswijk.
Is bestuursdwang also applied for minor violations?
This is uncommon. Bestuursdwang is a severe sanction, often for serious or recurrent violations. For minor matters, a warning or administrative fine is usually chosen.
What if I do not cooperate with the execution?
The government can enforce, if necessary with police assistance. This may cause additional costs. Legal steps are wiser than refusal.
How are the costs determined?
The costs include reasonable expenses such as labour, materials and storage. You receive a specification in the cost decision, against which objection is possible.
Do I get compensation if my belongings are damaged?
Only in case of unlawful conduct by the government. Normal damage during execution is at your risk. Document everything and submit a request to the administrative authority.
In short
Bestuursdwang is a severe measure whereby the government in Rijswijk acts itself. For legal assistance, you can contact the Juridisch Loket Rijswijk or submit matters to the Rechtbank Den Haag.