If you are experiencing nuisance in Westland because someone is violating the rules, you can ask the municipality to intervene. This is called an enforcement request.
What does an enforcement request entail?
With an enforcement request, you ask the Municipality of Westland or another administrative authority to take action against a violation by a third party. You request compliance with the rules.
When can you submit a request?
Submitting an enforcement request in Westland is possible when:
- There is a violation of public rules or laws
- You are directly experiencing nuisance and are therefore an interested party
- The Municipality of Westland or the relevant authority is competent to act
Requirements for your request
- The request must be submitted in writing
- State your full name and address details
- Clearly describe which violation is occurring
- Indicate where the violation is taking place and who is responsible
- Explain what nuisance you are experiencing
Decision-making by the municipality
The Municipality of Westland will decide on your request:
| Decision | What does this mean? |
|---|---|
| Approval | The enforcement procedure is initiated |
| Rejection | No action, you can lodge an objection |
| No timely response | You can serve a notice of default |
Lodging an objection in case of rejection
If your request is rejected, you can object to the Municipality of Westland. Possible arguments are:
- There is clearly a violation
- The municipality is tolerating the situation unjustly
- Your interests should take precedence
Frequently asked questions about enforcement requests in Westland
Are there costs associated with an enforcement request?
No, submitting a request to the Municipality of Westland is free of charge.
Can I remain anonymous when submitting a request?
In principle, your name is shared with the violator. You can request confidential treatment of your details, but this is not always granted.
How long does it take before the municipality takes action?
The Municipality of Westland normally has 8 weeks to decide. Thereafter, an enforcement process may follow with a possible period for remedying the violation.
Extra questions and answers
What if the Municipality of Westland does not respond to my request?
If there is no response after 8 weeks, you can send a notice of default. This is an official reminder of the decision period. If no response follows, you can claim a penalty payment or go to the administrative court, for example via the District Court of The Hague. Keep all documentation carefully.
Can I submit a request for noise nuisance from neighbors in Westland?
Yes, if the nuisance violates the General Local Ordinance (APV) or other regulations. You must prove that you are experiencing nuisance and that it exceeds acceptable levels. First contact the Municipality of Westland for advice. In case of persistent nuisance, a request can help, but mediation is often suggested.
How detailed must I describe the violation?
Be as specific as possible in your request. Mention the exact violation (for example 'illegal construction without permit'), the location in Westland, the responsible party, and since when this has been occurring. Attach evidence such as photos or statements. An unclear complaint is often rejected. Consult the Municipality of Westland's website for relevant rules.
What are the risks of a request against neighbors?
Your name is usually disclosed to the violator, which can cause tensions. Confidentiality is possible, but not guaranteed. In case of unfounded accusations, you risk a damages claim. Consider a conversation or mediation via the Municipality of Westland first. Document incidents for your own protection.
Can I withdraw my request if the situation is resolved?
Yes, you can withdraw your enforcement request in writing to the Municipality of Westland. Mention the case number and your intention to stop. The municipality may close the case, but is not obliged to do so. Sometimes a procedure continues, for example for remedial measures.
What is the difference between a complaint and an enforcement request?
A complaint concerns the municipality's own conduct (for example delay), whereas an enforcement request asks for action against a violation by another party. A complaint does not lead to enforcement, but can improve processes. Both can sometimes be submitted together in case of negligence by the Municipality of Westland.
For legal support, you can contact the Juridisch Loket Westland. In case of disputes, a case can be brought before the District Court of The Hague.