Enforcement Request, Report, & Complaint

Sometimes you may notice something happening in your neighborhood that causes you inconvenience or makes you wonder whether it’s in compliance with the rules. Always try to talk it out with the other party first and see if you can find a solution together to address your concerns. Can’t work it out? Then you can file a report or submit an enforcement request with the municipality. Below, we explain what a report, an enforcement request, and a complaint mean. This will help you choose the option that best fits your situation.

Difference Between a Report, a Complaint, and an Enforcement Request 

  • Request for enforcement: A request for enforcement is a legal procedure in which the municipality must make a decision. This does not mean that the municipality is required to take enforcement action. A request for enforcement may also be denied. A request for enforcement cannot be submitted anonymously, because there must be a demonstrable legal interest. The enforcement request procedure generally takes 8 weeks. This period may be extended once by a reasonable amount of time or (in consultation with you) suspended. 
  • Report: If you file a report, the municipality is not required to take any action. The municipality assesses a report based on the risks involved. If the risks or consequences are minor, enforcement action may not be taken (immediately). See the implementation and enforcement strategy for more information. Reports cannot be submitted anonymously, because the municipality will send you a response. Learn everything about reporting to the municipality. 
  • Complaint: If you feel that you have not been treated fairly by a public official or administrator, you can file a complaint with the municipality. For more information, see the page on complaints.

What are the requirements for an enforcement request?

When you submit an enforcement request, you are asking the Mayor and Aldermen to take enforcement action against a violation. There are a number of formal requirements for an enforcement request:

  1. You must be an interested party
    To file an enforcement request, you must be an interested party. For example, you are an interested party if your neighbors are building without the required environmental permit. When submitting an enforcement request, you are not anonymous. In order to assess whether you are an interested party, it is necessary to know who is requesting enforcement. The enforcement request must also include a date, as the law specifies certain deadlines.
     
  2. You must submit a clear request to
    . In your request for enforcement, clearly state what violation has been committed, how it affects your interests, and what impact it has on you. Although you are not required to provide evidence, you are expected to describe the violation in as much detail as possible. Include details such as the location, time, and duration of the violation. If possible, include supporting evidence, such as photos or audio recordings.

How can I file an enforcement request under environmental law or an enforcement request under the APV/OOV (Public Order and Safety) regulations?

Within the municipality, there are two different issues for which you can submit an enforcement request:

  • Environmental Law: Rules governing construction, renovation, demolition, and unauthorized use. Examples include a fence built too high, a structure in the front yard that is too large, an illegal rooftop terrace, and renting out individual rooms. To submit a request for enforcement of environmental law, please fill out the online form. (Coming soon)
     
  • APV/OOV: regulations governing quality of life and safety in the municipality. These include issues such as parking violations, illegal dumping, events, fireworks disturbances, and drug-related crime. To submit a request for APV/OOV enforcement, please fill out the online form. (Coming soon)

I've submitted an enforcement request—what happens next?

While the request is being processed, your interests and those of the person to whom the request relates will be weighed against one another based on laws, regulations, and local policies. In this process, it is unavoidable that the other party will learn that you have submitted the request. If it is determined that you are an interested party, the municipality will launch an investigation to determine whether a violation has indeed occurred. If the investigation reveals that a violation has indeed been established, an enforcement process will generally be initiated.

Legalization Study

If a violation is found, the first step is to determine whether the violation can be legalized or resolved, for example, through an (environmental) permit or an exemption. This is called a legalization review, and the municipality is required to conduct it.

Cessation of the violation 

An enforcement process consists of up to two steps designed to bring the offender’s violation to an end:

  1. A notice of intent to impose a remedial sanction (order) on someone. The person receiving the notice is then given two weeks to submit a statement of views regarding the notice. 
  2. The final order (for example, an order subject to administrative coercion or an order subject to a penalty).
    An enforcement process can take some time. Sometimes such a process can last anywhere from several months to several years. This depends on the complexity of the case.

Try to start a conversation

The person against whom you are filing the enforcement request will be informed of who filed the request. It is therefore recommended that you discuss the matter with each other first. This often yields better results than filing an enforcement request. 

Do you find it difficult to talk to your neighbors, or could you use some help? If so, you can contact “Neighborhood Mediation,” a specialized organization that helps you resolve neighborhood disputes free of charge. The municipality does not mediate between neighbors itself, but is affiliated with Bemiddeling en Mediation (B&M) for this purpose. You can contact “Bemiddeling & Mediation” free of charge at www.bemiddelingmediation.nl or .

Decision, Objection, and Appeal

When you submit an enforcement request, you will always receive a decision regarding the request. The enforcement request process generally takes 8 weeks; under special circumstances, this period may be extended or (in consultation with you) suspended. If a violation has occurred, the enforcement process will take time. You will, of course, be kept informed of the progress of the enforcement process. It is possible that the municipality may decide not to take enforcement action, even if a violation has occurred. This is because enforcement must be proportionate and appropriate, and in some cases, the interest in taking enforcement action does not outweigh the interests of the violator. Alternatively, a potential decision may be pending due to the implementation policy outlined in the aforementioned “Implementation and Enforcement Strategy.” If you disagree with the final decision, you always have the option to file an objection and, if necessary, an appeal.