Hamann Advocaat interviewed by Omroep West
25 May 2023
A disappointing situation was reported by Omroep West. A construction company receives building permits from the municipality of The Hague for several locations to build roof structures, but it goes wrong every time. Leaks, dangerous situations with building materials falling, noise pollution late into the night, illegal labor migrants, etc. The neighbors are desperate. Despite several complaints, the municipality of The Hague refused for a long time to take enforcement action. The alderman announced that for one location the building permit will be revoked. This means that the (former) permit holder must restore the situation to its former state, read: dismantle the partially realized roof structure. What will happen to the other permit is still unknown.
What I find striking about this story is that the municipality apparently waited a very long time before starting an enforcement process, while I have plenty of cases in my practice where the municipality threatens with high fines at the slightest, such as a wrong color window frames.
Recognizable in this story is that municipalities grant building permits but then do not want to interfere with the nuisance associated with the realization of the licensed structure. Think of noise nuisance caused by a roof terrace on a downstairs neighbor's bedroom or leaks. The permit was granted in accordance with the law and that is the end of the matter for the municipality. Neighbors should turn to the civil courts to act against their building neighbors. This sets citizens against each other unnecessarily. The municipality could prevent this kind of situation by taking a more critical look at the documents beforehand when assessing the permit application: is the intended building construction sound, which contractor will be engaged, is the planning realistic, could residents be inconvenienced?
For more on this case for which I was interviewed, read this article from Omroep West:
