In administrative enforcement, the government intervenes itself to stop a violation and recovers the costs incurred from 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 include:
- The demolition of an unauthorised structure
- The evacuation of a building
- The removal of illegal goods
- The shutdown of a business
Steps in the procedure
- An announcement or warning from the administrative authority
- The opportunity to state your position
- The official decision for an order under administrative enforcement
- A period in which you can remedy the violation yourself
- Execution by the government if you do not intervene
- Reimbursement of the costs by you
Administrative enforcement versus administrative fine
| Administrative enforcement | Administrative fine |
|---|---|
| Government takes action itself | You must take measures yourself |
| Costs are recovered afterwards | A fixed amount per violation |
| Direct solution | Incentive to act yourself |
| More severe intervention | Less severe |
Cost recovery
The costs of the intervention are recovered from you, including:
- Reasonable costs incurred
- Costs for planning and execution
- The cost decision can be challenged separately
Frequently asked questions about administrative enforcement in Utrecht
Can the government remove my property without warning?
No, this can only happen after an official decision and after the remedial period has expired. You always get the chance to intervene yourself first.
What if I cannot afford the costs?
The government can collect the costs as a debt. It is possible to propose a payment plan.
Can I get my property back?
Items are often stored temporarily. You can retrieve them after payment of the storage costs.
Additional questions and answers
How long do I have to remedy the violation myself?
The remedial period is generally 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 of notification, you can lodge an objection with the relevant administrative authority. Explain why you disagree. Execution is often suspended during the objection process, except in cases of urgency.
Am I liable for costs due to errors by the government?
If the government acts incorrectly or incurs unreasonable costs, you can object to the cost decision. In the event of unlawful execution, you may be able to claim damages. Legal advice is recommended.
Is administrative enforcement also applied for minor violations?
This is uncommon. Administrative enforcement is a severe sanction that is mainly used for serious or persistent violations. For minor violations, a warning or administrative fine is often chosen.
What if I do not cooperate with the execution?
The government can enforce the execution, if necessary with police assistance. This can lead to additional costs and possibly criminal consequences. Legal steps are a better option in case of disagreement.
How are the costs determined?
The costs include all reasonable expenses, such as labour, materials and storage. You will receive a specification in the cost decision, against which you can object if you find it unreasonable.
Will I receive compensation for damage to my property?
Only if the damage was caused by unlawful action on the part of the government. Damage from normal execution is at your own risk. Document everything and submit a request to the administrative authority.
Legal assistance in Utrecht
For support, you can go to:
- District Court Midden-Nederland, Vrouwe Justitiaplein 1, Utrecht
- Juridisch Loket Utrecht, Catharijnesingel 55, Utrecht
Summary
Administrative enforcement is a severe government measure whereby the violation is directly terminated by the government, with cost recovery afterwards.