In Leiden, the government may choose not to enforce violations through a tolerance policy or a specific tolerance decision.
What Does Tolerance Mean?
Tolerance means that the government is aware of a violation but consciously takes no action. This only occurs under exceptional circumstances.
When Is Tolerance Permitted?
In Leiden, tolerance is only possible if:
- There is a clear possibility 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 in which the government states that it will temporarily not enforce. Characteristics are:
- The decision is in writing and substantiated
- Often temporary in nature and with conditions
- Revocation is possible
- Third parties can object to this decision
What Is Tolerance Policy?
Tolerance policy concerns general guidelines from the government on situations in which no enforcement takes place. Examples in Leiden are:
- Regulations for coffee shops
- Policy regarding minor building deviations
Risks of Tolerance
| For Violators | For Neighbors |
|---|---|
| No guarantee, tolerance can end | Possibility to demand enforcement |
| Damage is at own expense | Objection to tolerance decision possible |
| No compensation upon termination | Option for legal action |
Frequently Asked Questions About Tolerance in Leiden
Am I entitled to tolerance?
No, tolerance is not a right. The government in Leiden can decide to enforce at any time.
What if a neighbor objects to my tolerated situation?
A neighbor can submit a request for enforcement to the municipality of Leiden. The government will then reassess whether tolerance is still appropriate.
Can tolerance be stopped suddenly?
Yes, the government can terminate tolerance. However, you will be given a reasonable period to adjust the situation.
Contact and Support in Leiden
For legal questions about tolerance, you can go to the Juridisch Loket Leiden, located at Stationsweg 46. In addition, the District Court of The Hague, Leiden location, handles cases regarding tolerance decisions and enforcement.
Practical Questions and Answers
How do I apply for a tolerance decision in Leiden?
An application for a tolerance decision must be submitted in writing to the municipality of Leiden. Explain why tolerance is justified in your case, for example by demonstrating that legalization is in preparation. Attach relevant documents and contact the municipality in advance for specific guidelines.
What are the criteria for a tolerance decision?
A tolerance decision is only granted in Leiden in exceptional situations, such as a temporary bridging or disproportionate consequences of enforcement. The decision is in writing, often temporary, and can be revoked if the situation changes.
Can I object to a tolerance decision?
As a third party, such as a neighbor, you can object to a tolerance decision in Leiden if your interests are harmed. Direct interested parties can only object upon revocation of the decision.
What if the municipality stops tolerating?
Upon termination of tolerance, you must make adjustments within a reasonable period to prevent enforcement. There is no right to compensation for costs incurred during the tolerance period.
What is the difference between tolerance policy and a tolerance decision?
Tolerance policy concerns general rules on when the municipality of Leiden does not enforce, such as for coffee shops. A tolerance decision is a specific decision for an individual situation, often temporary and tailored.