Real Estate | Administrative Law

Administrative law

Governmental bodies have an impact on nearly every aspect of our lives, albeit in a rather unobtrusive manner. However, things change once the duties and competencies of these bodies collide with the interests of individuals and companies. The maze of rules, regulations and seemingly ever-changing procedures can quickly dampen the enthusiasm of foreign entrepreneurs and newcomers to the country.

Most often disputes are related to aspects of everyday living; spatial planning within the neighbourhood, licences, permits, enforcement of regulations and the supervision of all of the above. Many procedures have strict terms and a firm calendar. One is well advised to keep to the rules and inform the competent authorities ahead of deadlines, (should one need additional time).

Governmental rules and regulations

The general legislation concerning governmental rules and regulations is incorporated in the Awb (algemene wet bestuursrecht – administrative law).

Administrative law orbits around two important terms: the decision of an administrative body and the interested/affected party.

Governmental law foresees different procedures that allow affected parties to intervene, following a decision they disagree with, seeking either the amendment of an existing decision or its annulment. However, such procedures can only be initiated once the interests are directly related to the administrative decision. Thus the term interested party not only decides who can lodge a a notice of objection, but also who can intervene.

Our role

GMW Advocaten has a solid experience in handling cases that imply administrative law. The lawyers working within the Administrative Law department advise and represent clients in all cases that involve governmental administrative bodies; be it as contractual partners, supervisory bodies or opponents in court. Clients can decide on their further actions on the basis of a risk assessment and an estimate of the costs involved, aiming to keep all procedures as short as possible. Our specialists in the field will assist them once going to court is unavoidable.

Information

Please contact Arthur de Groot for more information.

Click here for more information on Construction law, Project development and Supervisory bodies.