In Utrecht, the government can choose not to enforce violations through 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 happens in exceptional cases.
When is tolerance permitted?
In Utrecht, tolerance is only allowed under specific conditions:
- If legalization is possible in the near future
- If enforcement would have disproportionate consequences
- In temporary transitional situations
- If the public interest is not jeopardized
What is a tolerance decision?
A tolerance decision is an official decision in which the government indicates that it will temporarily not enforce. Characteristics include:
- The decision is in writing and contains a clear motivation
- It is often temporary and subject to conditions
- It can be revoked at any time
- Third parties can lodge an objection against this decision
What is tolerance policy?
Tolerance policy concerns general guidelines from the government on situations in which no enforcement takes place. Examples in Utrecht include:
- Regulations for coffeeshops
- Policy regarding minor deviations in building regulations
Risks of tolerance in Utrecht
| For the violator | For neighbors |
|---|---|
| No guarantee, tolerance can stop | Possibility to demand enforcement |
| Damage is at own risk | Lodge objection against a tolerance decision |
| No compensation upon termination | Initiate a civil case |
Frequently asked questions about tolerance in Utrecht
Am I entitled to tolerance?
No, tolerance is not a right. The government in Utrecht can always decide to enforce after all.
What if a neighbor objects to my tolerated situation?
The neighbor can submit an enforcement request to the Municipality of Utrecht. The government will then reassess whether tolerance is still appropriate.
Can a tolerance decision be revoked just like that?
Yes, the government can terminate tolerance. However, you will be given a reasonable period to adjust your situation.
How do I apply for a tolerance decision in Utrecht?
A request for a tolerance decision must be submitted in writing to the Municipality of Utrecht or another competent authority. Explain why tolerance is reasonable in your case, for example due to impending legalization or disproportionate consequences of enforcement. Attach relevant documents, such as plans or contracts. The municipality will assess whether tolerance is possible. Contact the Municipality of Utrecht for the exact procedure.
Conditions for a tolerance decision in Utrecht
A tolerance decision is only granted in exceptional cases, such as temporary situations, prospect of legalization, or disproportionate consequences of enforcement. The decision is in writing, often temporary, and may contain conditions. The Municipality of Utrecht may revoke it in the event of changed circumstances or if the public interest is harmed.
Objection to a tolerance decision
As a directly interested party, you cannot lodge an objection against a tolerance decision. Third parties, such as neighbors, can do so if they believe their interests are harmed. They can also submit an enforcement request to the Municipality of Utrecht.
What if tolerance is terminated?
If the Municipality of Utrecht stops tolerating, you must adjust your situation within a reasonable period to prevent enforcement. There is no right to compensation for costs incurred during the tolerance period.
Difference between tolerance policy and tolerance decision
Tolerance policy is a general guideline from the Municipality of Utrecht on situations in which no enforcement takes place, such as for coffeeshops. A tolerance decision is a specific decision for an individual situation, often temporary and tailored.
Can the government always enforce after tolerance?
Yes, the Municipality of Utrecht can always decide to enforce, even after a period of tolerance, for example due to new circumstances or complaints from neighbors.
Contact and Legal Assistance in Utrecht
For questions about tolerance, you can go to the Juridisch Loket Utrecht, located at Catharijnesingel 55. For legal proceedings, you can contact the Rechtbank Midden-Nederland, Vrouwe Justitiaplein 1.