House closure (13b Opium Act)

Drugs found in your (rented) home or (rented) business premises?

The moment more than a user quantity of narcotics is found in your home and/or business premises, the Mayor can decide to close down your home/building for a certain period of time under Article 13b of the Dutch Opium Act.

This may have far-reaching consequences for you as tenant/owner or landlord of the property. Administrative action can be taken against this decision by submitting an opinion/objection procedure and finally the (higher) appeal procedure. Is there urgency and do you wish to prevent the closure? Then you can file an emergency procedure with the administrative court, also known as a 'request for interim relief'. If the court grants this request, your house will not be closed during the objection or appeal procedure.

Especially when social housing is involved, the consequences are significant. These persons are then blacklisted by the housing association for a long period of time. Within this period, they can then no longer rent a house. In some cases, housing associations make the decision on whether someone is blacklisted depend on whether the Mayor of the municipality actually proceeds with closure.

Such procedures are qualified as administrative law and are subject to strict deadlines. The moment the Mayor has taken the decision to close your property, emergency proceedings can be brought before the preliminary relief judge. Have you received a letter from the Mayor about a possible closure? If so, contact RAMNUN & DENIZ Advocaten immediately.

+31 (0)76 205 0810