The government in Utrecht is obliged in principle to act against violations due to the principle obligation to enforce. Deviation is only permitted under specific circumstances.
What does the principle obligation entail?
The principle obligation to enforce requires a public authority in Utrecht to:
- Always take action in case of violations
- Not tolerate violations without reason
- Safeguard the public interest
When may enforcement be omitted?
There are two situations in which enforcement in Utrecht is not mandatory:
- Clear prospect of legalisation: the violation will soon be legalised
- Exceptional situations: enforcement would be disproportionate
Clear prospect of legalisation
This applies in Utrecht when:
- A permit application has been submitted
- The expectation is that the permit will be granted
- There are no obstacles to granting the permit
Submitting an enforcement request
As a resident of Utrecht, you can request the municipality to take action:
- Send a written enforcement request
- The municipality is obliged to respond to this
- In case of refusal, you can lodge an objection
Frequently asked questions about enforcement in Utrecht
Is the Municipality of Utrecht obliged to enforce upon my request?
The municipality must carefully consider your request, but is not always obliged to enforce if there are valid reasons to refrain from action.
What does tolerance mean in Utrecht?
Tolerance is the deliberate decision not to act against a violation. This is only permitted in Utrecht under exceptional circumstances.
Can I force the Municipality of Utrecht to enforce?
You can lodge an objection and appeal against a refusal to enforce. The court may oblige the municipality to take action.
Practical questions about enforcement
What to do if the Municipality of Utrecht does not enforce?
In case of refusal, you can lodge a written objection within six weeks. Clearly explain why enforcement is necessary. If the objection is rejected, you can go to court. Assistance from a legal advisor can be useful.
How quickly does the Municipality of Utrecht decide on an enforcement request?
The municipality normally has eight weeks to make a decision. In complex cases, this can be extended by six weeks. If the deadline is exceeded, you can request a penalty payment. Check Utrecht's rules for details.
What are exceptional circumstances for non-enforcement?
These are situations in which enforcement would be unreasonable, such as a temporary violation without risk or enforcement that causes disproportionate damage (for example, demolition without an alternative). The Municipality of Utrecht must substantiate this properly.
Can I claim damages for negligence by the municipality?
Yes, in some cases you can claim damages if the Municipality of Utrecht acts unlawfully or fails to act. You must prove negligence and that you have suffered damage. A lawyer can advise on feasibility.
What is the difference between tolerance and non-enforcement?
Tolerance is a deliberate choice to temporarily refrain from action, often due to possible legalisation. Non-enforcement can also occur due to negligence. Tolerance in Utrecht requires clear motivation.
Do my circumstances fall under the principle obligation?
The principle obligation applies to violations of laws and regulations for which the Municipality of Utrecht is competent, such as construction or environmental issues and local bylaws. Contact the municipality if in doubt.
Can I submit an enforcement request anonymously?
No, in principle the municipality must know who submits the request and whether you are an interested party. You can request confidential treatment of your data.
Relevant authorities in Utrecht
District Court: District Court Midden-Nederland, Vrouwe Justitiaplein 1
Legal aid: Juridisch Loket Utrecht, Catharijnesingel 55