In Zoetermeer, the government may choose not to enforce violations through tolerance policy or a specific tolerance decision.
What does tolerance mean?
In Zoetermeer, tolerance means that the municipality is aware of a violation but consciously takes no action. This only occurs under exceptional circumstances.
When is tolerance permitted?
Tolerance is only accepted in Zoetermeer if:
- There is a clear prospect of legalization
- Enforcement would have disproportionate consequences
- There is a temporary situation
- The public interest is not at stake
What is a tolerance decision?
A tolerance decision is an official decision by the Municipality of Zoetermeer stating that enforcement will temporarily not take place. Characteristics are:
- Recorded in writing and substantiated
- Often temporary and with specific conditions
- Can be revoked at any time
- Third parties can lodge an objection against it
What is tolerance policy?
Tolerance policy in Zoetermeer concerns general guidelines on situations in which the municipality does not enforce. Examples include:
- Regulations for coffee shops
- Policy regarding minor building deviations
Risks associated with tolerance
| For the violator | For neighbors |
|---|---|
| No guarantee, tolerance can end | Possibility to demand enforcement |
| Damage is at own expense | Lodge an objection against a tolerance decision |
| No right to compensation upon termination | Initiating a civil case possible |
Frequently asked questions about tolerance in Zoetermeer
Am I entitled to tolerance?
No, tolerance is not a right. The Municipality of Zoetermeer can decide to enforce at any time.
What if a neighbor objects to my tolerated situation?
The neighbor can submit a request for enforcement to the municipality. It will then reassess whether tolerance is still appropriate.
Can tolerance be stopped suddenly?
Yes, the municipality can stop tolerating. You will normally be given a reasonable period to adjust the situation.
How do I apply for a tolerance decision in Zoetermeer?
You must submit an application for a tolerance decision in writing to the Municipality of Zoetermeer. Explain why tolerance is reasonable in your case, for example by demonstrating that legalization is in progress or that enforcement would be unreasonably burdensome. Attach relevant documents, such as plans or agreements. The municipality will assess whether tolerance is possible. Contact the Municipality of Zoetermeer for the exact procedure.
What are the conditions for a tolerance decision?
In Zoetermeer, a tolerance decision is only granted in exceptional cases, such as a transitional period, prospect of legalization, or disproportionate impact of enforcement. The decision must be in writing and well-substantiated, often temporary and with conditions. The municipality may withdraw it in the event of changed circumstances or harm to the public interest.
Can I object to a tolerance decision?
As the recipient of the decision, you cannot object, but third parties such as neighbors can if their interests are harmed. They can also submit an enforcement request. Upon withdrawal of the decision, you as an interested party can lodge an objection if disadvantaged.
What if the municipality stops tolerating?
If the Municipality of Zoetermeer stops tolerating, you must make adjustments within a reasonable period to avoid enforcement. There is no right to compensation for costs incurred during the tolerance period. Prepare an alternative plan, as tolerance provides no certainty.
What is the difference between tolerance policy and a tolerance decision?
Tolerance policy in Zoetermeer is a general guideline on when no enforcement takes place, such as for coffee shops. A tolerance decision is a specific decision for an individual situation, for example a temporary deviation. Policy is more general, while a decision is tailored and revocable.
Can the municipality always enforce after tolerance?
Yes, the Municipality of Zoetermeer can always decide to enforce, even after a period of tolerance. This can occur due to new circumstances, such as complaints from neighbors or policy changes. You have no right to continuation of tolerance.
For legal assistance in Zoetermeer, you can contact the Juridisch Loket Zoetermeer. Disputes fall under the District Court of The Hague.