The government in Leiden is in principle obliged to address violations. Deviation is only possible under specific circumstances.
What Does the Principle Duty Entail?
The principle duty to enforce means that an administrative body, such as the municipality of Leiden, must generally take action against violations. This means:
- Taking action against violations is the norm
- Toleration is not permitted just like that
- The interests of society must be safeguarded
When May Enforcement Be Omitted?
There are two situations in which the municipality of Leiden may refrain from enforcement:
- Prospect of Legalisation: if the violation will be legalised within the foreseeable future
- Exceptional Situations: when enforcement would have disproportionate consequences
Prospect of Legalisation
This applies, for example, when:
- An application for a permit has been submitted
- There is an expectation that this permit will be granted
- There are no obstacles to granting the permit
Submitting an Enforcement Request in Leiden
As a resident of Leiden, you can request the municipality to take action:
- Send a written request to the municipality
- The municipality is obliged to respond to this
- In case of refusal, you can lodge an objection
Frequently Asked Questions about Enforcement in Leiden
Is the municipality of Leiden obliged to always enforce upon my request?
The municipality must carefully review your request, but is not obliged to enforce if there are valid reasons not to do so.
What does toleration mean exactly?
Toleration is the deliberate non-addressing of a violation, which is only permitted in exceptional cases.
Can I force the municipality of Leiden to enforce?
You can lodge an objection and appeal against a refusal. A court may oblige the municipality to take action.
Practical Information for Leiden
For legal support, you can go to the Juridisch Loket Leiden at Stationsweg 46. For cases that go to court, the District Court of The Hague, Leiden Location is competent.
Extra Questions about Enforcement
What to do if the municipality of Leiden rejects my request?
You can lodge an objection against the rejection within six weeks. If this does not help, you can go to court. Legal assistance can be useful here.
How long does a decision on my request in Leiden take?
The municipality normally has eight weeks to decide, with a possible extension of six weeks for complex cases. If exceeded, you can request a penalty payment.
What are examples of exceptional circumstances?
This could be, for example, a temporary violation without danger, or enforcement that would cause disproportionate damage, such as demolition without an alternative.