In administrative enforcement, the government in Leiden intervenes itself to stop a violation and charges the costs to you. This is a more severe measure than an administrative fine.
What does administrative enforcement entail?
Administrative enforcement means that an administrative authority takes action itself to terminate a violation. Examples in Leiden are:
- The demolition of an unauthorised structure
- The eviction of a dwelling or building
- The removal of illegal goods
- The shutdown of a business
How does the procedure proceed?
- An announcement or warning from the administrative authority
- The opportunity to submit your views (zienswijze)
- An official decision to impose an order under administrative enforcement
- A period in which you can remedy the violation yourself
- Execution by the government if you do not respond
- The costs are recovered from you
Administrative Enforcement versus Administrative Fine
| Administrative Enforcement | Administrative Fine |
|---|---|
| Government acts itself | You must take action yourself |
| Costs are recovered afterwards | A fixed amount per violation |
| Direct solution | Incentive to act yourself |
| More severe impact | Less severe |
Cost Recovery
The costs of the intervention are recovered from you in Leiden:
- All necessary and reasonable expenses
- Including costs for planning and execution
- The cost decision is a separate decision against which you can lodge an objection
Frequently Asked Questions about Administrative Enforcement in Leiden
Can the government in Leiden just remove my property?
Only after a lawful decision and after the expiry of the remedy period. You first get the chance to intervene yourself.
What if I cannot pay the costs?
The government can collect the costs as a debt. You can try to arrange a payment plan via the administrative authority in Leiden.
Can I get my property back?
Goods are often stored temporarily. You can get them back after payment of the storage costs.
Additional Questions
How long do I have to remedy the violation myself?
The remedy period is often at least 4 weeks, but may be shorter in cases of urgency. This is stated in the decision. As long as you act within this period, the government may not intervene.
What if I think the decision is unjustified?
Within 6 weeks after notification, you can lodge an objection with the administrative authority in Leiden. Explain why you disagree. Usually, execution is suspended during the objection procedure, unless there is urgency.
Am I liable for costs due to errors by the government?
If the government acts improperly, you can object to the cost decision. Prove that the costs are unreasonable or that the execution was incorrect. Compensation may sometimes be possible; seek legal advice.
Is administrative enforcement also applied for minor violations?
This is uncommon. Administrative enforcement is a severe measure and is mainly used for serious or recurrent violations. For minor matters, a warning is often chosen.
What if I do not cooperate with the execution?
The government may apply coercion, possibly with police assistance. This may incur additional costs. Legal steps are wiser than refusal.
How are the costs calculated?
All reasonable costs, such as labour, materials and storage, are charged. You will receive a specification in the cost decision, against which you can object.
Will I receive compensation for damage to my belongings?
Only in case of unlawful action by the government. Normal damage during a lawful execution is at your risk. Document everything and submit a request to the administrative authority in Leiden.
Important Locations in Leiden
Court: District Court of The Hague, Leiden Location
Legal Aid Office: Juridisch Loket Leiden, Stationsweg 46
Summary
Administrative enforcement is a severe measure whereby the government in Leiden acts itself to stop violations, with cost recovery as a consequence.
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