The municipality of Zoetermeer has a principle duty to enforce, which means that it must in principle take action against violations. Deviation is only possible under specific circumstances.
What does the principle duty entail?
The principle duty to enforce obliges the municipality of Zoetermeer to:
- Take action in case of violations
- Not simply ignore or tolerate violations
- Safeguard the interest of the community
When may the municipality not enforce?
There are two situations in which the municipality of Zoetermeer 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, for example, when:
- An application for a permit has been submitted
- There is a high chance that the permit will be granted
- There are no obstacles to granting the permit
Submitting an enforcement request in Zoetermeer
As a resident of Zoetermeer, you can request the municipality to enforce:
- Send a written request to the municipality
- The municipality is obliged to respond to this
- In case of rejection, you can lodge an objection
Frequently asked questions about enforcement in Zoetermeer
Is the municipality of Zoetermeer 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 is the deliberate decision not to take action against a violation. This is only permitted in exceptional cases.
Can I compel the municipality of Zoetermeer to enforce?
You can lodge an objection and appeal against a refusal to enforce. The court may order the municipality to take action.
Practical questions about enforcement
What if the municipality of Zoetermeer rejects my enforcement request?
In case of rejection, you can lodge an objection within six weeks. Motivate why you believe enforcement is necessary. If the objection is rejected, you can go to the District Court of The Hague. The Juridisch Loket Zoetermeer can support you in this.
How long does a decision on an enforcement request in Zoetermeer take?
The municipality normally has eight weeks to decide. In complex cases, this can be extended by six weeks. If the deadline is exceeded, you can request a penalty payment. Consult the website of the municipality of Zoetermeer for specific rules.
What are examples of exceptional circumstances?
This could be, for example, a temporary violation that is quickly remedied, a violation without direct risk, or a situation in which enforcement has unreasonable consequences, such as demolition without alternative housing. The municipality must always substantiate this properly.
Can I claim damages for negligence by the municipality?
In certain cases, a damages claim is possible if the municipality has been negligent. You must demonstrate that there has been unlawful conduct and that you have suffered damage as a result. Contact the Juridisch Loket Zoetermeer for advice.
What is the difference between tolerance and non-action?
Tolerance is a deliberate choice to temporarily refrain from enforcement, often pending legalisation. Non-action may also result from negligence. Tolerance requires clear motivation and is only permitted in exceptional cases.
Does my situation fall under the principle duty?
The principle duty applies to violations of laws and regulations for which the municipality is authorised to enforce, such as in construction or environmental issues and local bylaws. Contact the municipality of Zoetermeer if in doubt.
Can I submit an enforcement request anonymously?
Anonymous requests are usually not possible, because the municipality needs to know who is submitting the request and whether you are an interested party. You can however request that your details be treated confidentially.