Article 13b of the Opium Act (Opiumwet), the Damocles Act (Wet Damocles), allows the mayor (burgemeester) to close a dwelling, other premises or the adjoining land with an order under administrative enforcement (last onder bestuursdwang). The power applies when drugs are sold, delivered or supplied there, or kept for that purpose, or drug production materials are present.
Table of contents
When can the mayor close premises?
Under the first paragraph, closure is possible in two situations: (a) hard or soft drugs from List I or II, or substances from a group on List IA, are dealt or kept for dealing; or (b) objects or substances covered by Articles 10a, 10c or 11a Opium Act are present, such as materials for preparing drug production or large-scale cannabis cultivation. Under the second paragraph, the power does not apply to premises that pharmacists, doctors, dentists or veterinarians use for their profession.
How long does a closure last?
The law sets no fixed period. Most municipalities have a local Damocles policy with standard periods, for example three or six months for a first finding and longer for repeat cases. The mayor must still weigh the circumstances of the case, including the effect on residents such as children who lose their home. This is the proportionality test (evenredigheidstoets) under administrative law.
How can you challenge a closure?
The mayor usually announces the intended decision first, so you can give your view (zienswijze). Against the decision itself, you can lodge an objection (bezwaar) with the mayor within six weeks. An objection does not suspend the closure, so you can also ask the court for interim relief (voorlopige voorziening).
Frequently asked questions
Does a closure depend on a criminal conviction?
No. It is an administrative measure. The criminal case runs separately, before a different judge and under different deadlines.
Can the landlord also act?
Yes. A landlord may separately try to end the lease because of the drug finding.
Related terms
- Opium Act drug offences
- Principle of proportionality
- Notice of objection
- Interim relief in administrative cases
- Eviction
For help with a drug-related closure or an Opium Act case, see our criminal lawyer page. Want to know what this means for your situation? Book a free introductory meeting.
