Enforcement and control

Construction Enforcement

Anyone who builds or demolishes must abide by the rules from the environmental plan, the Built Environment Decree and any permit issued. The municipality can take enforcement action if someone does not comply with these rules. For example, if someone has not received an environmental permit, but this is necessary for the work. Or if other activities are carried out than those for which the permit was issued. Are you a witness to this? Then file a living environment report.

Are you deviating from the permit? Please notify the municipality before you make the change. For deviations, we first check whether legalization is possible. A building supervisor can order work to be halted on behalf of the mayor and aldermen if you are building without an environmental permit or if you deviate from the permit. A halt order can take effect immediately. Because of illegal construction, additional fees will be charged for processing the application. If the permit is denied, you must demolish the illegal structure.

Environmental Enforcement

The municipality also monitors compliance with environmental regulations, in addition to the FUMO. Despite regular inspections, you may experience nuisance from a company. You may also witness a company or private individual knowingly or unknowingly violating environmental regulations. You can then file a living environment report.

Supervision of asbestos removal

Supervision of asbestos removal is a high priority in Opsterland. Violations and/or deficiencies are punishable by law. An intentional violation (removing asbestos without permission) is considered a crime. More information can be found on the Asbestos Removal page.

Fire safety enforcement

The municipality and/or Fryslân Fire Department conducts fire safety inspections. This is done for both existing and new buildings. The requirements from the Building Works Decree for the living environment and the regulations from the environmental permit determine the content of the fire safety checks.

Fines

Since 2011, the Opsterland municipality can impose its own fines for certain nuisance offenses, such as nuisance caused by stray dogs or dumping or burning waste. This fine is called an administrative penalty order (BSB). The administrative penalty orders are announced by Extraordinary Investigating Officers (BOAs) of the municipality. The Public Prosecutor ultimately imposes the punitive order. The Central Judicial Collection Agency (CJIB) collects the fines and the proceeds go to the state. The administrative penalty order can also be used in the enforcement of environmental offenses. Serious offenses are exempted and are handled through an official report. Companies are fined more heavily than private individuals. More information can be found at www.cjib.nl and www.om.nl.

Coercives

When violations or undesirable situations occur, a violator is given the opportunity to undo it. If this does not happen, the municipality can apply coercive measures:

• Order under administrative coercion: the municipality ends the undesirable situation by intervening or having it intervened. This costs the violator.
• Order under penalty: the violator is required to do or refrain from doing something within a certain period of time. If this is not done, a penalty must be paid.