A request for enforcement is an interested party’s request that an administrative body act against a breach. The body must take a decision on it, and that decision is open to objection and appeal.
Legal basis
The request is an application within the meaning of Article 1:3(3) of the General Administrative Law Act, on which a decision must be taken within a reasonable period. Chapter 5 of the Act contains the enforcement instruments. At its heart lies the principled duty to enforce, developed in the case law of the Administrative Jurisdiction Division: where a body has power to enforce, it must in principle do so, given the general interest served. Only two exceptions are accepted: there is a concrete prospect of legalisation, or enforcement would be so disproportionate to the interests served that it must be refrained from. That second exception is now reviewed more intensively following the tightening of the proportionality principle.
How it works in practice
A sound request identifies the breach concretely: which rule, at which location, since when, supported by photographs or measurements. It should also explain the applicant’s own standing, because without it the request is inadmissible. If no decision follows, a notice of default is the next step, followed by an appeal against failure to decide.
Where it goes wrong
Requests remain complaints about nuisance without identifying a specific rule. A second error is accepting a letter saying the body will look into the matter; that is not a decision and time keeps running. Third, it is forgotten that the alleged offender is an interested party too and can take part in the proceedings.
Related terms
The request leads to an order subject to a penalty, connects to the principle of proportionality and to the penalty for late decision.
Is there persistent unlawful activity near you? Our administrative lawyers prepare the request.
