Where can I go if a project developer does not comply with the prescribed rules?


Questioner

Project developer has permission from the Council of State to build houses next to our property line. The report of the Council of State states that the construction of the houses may not have any hydrological consequences for residents. However, the project developer is building 40 centimetres higher (raised ground) than the ground of the property line. As a result, everything in our garden is flooded. I have called the municipality and the project developer. Both do not answer.

Lawyer

In your situation, several steps can be taken. 1. Re-contact both the municipality and the project developer and re-clarify the problems. Put in writing that you have contacted them, explained the problem and asked for a solution. This can be useful as evidence later. 2. If the project developer and the municipality do not respond, you can file an official complaint with the municipality. This can often be done digitally via the municipality's website. In the complaint, clearly explain what the problem is, what actions you have already taken and what solution you would like to see. Keep a copy of this complaint for your own administration. 3. You can also consider hiring a lawyer. A lawyer can advise you on your rights and obligations and can help you put pressure on the project developer and the municipality. 4. If the municipality does not respond adequately to the complaint, you may be able to submit the case to the National Ombudsman. This independent organization handles complaints about the government. Please note: the ombudsman can only be called in if a complaint has first been filed with the municipality itself. 5. Finally, you may consider taking legal action. This could be a civil action against the developer for the damage you suffered, or an administrative action against the municipality for not performing its duties correctly. Please note that the above options may vary depending on the specific situation. I recommend that you seek further advice from a lawyer or attorney to investigate which option best suits your situation. --------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.

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