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The impact of the General Municipal Ordinance and changes to the policy rules

The General Local Ordinance (APV) is the set of local rules with which your municipality regulates public order and safety — from events and terraces to advertising, noise, and opening hours. For entrepreneurs in the hospitality, retail, and events sectors...

Published on January 30, 2024 by MKBjuristen.nl
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The General Local Ordinance (APV) is the set of local rules by which your municipality regulates public order and safety — from events and terraces to advertising, noise, and opening hours. For entrepreneurs in the hospitality, retail, and events sectors, the APV has direct consequences, and these rules can change. You usually cannot object directly to an amendment of the APV itself, but you can object to a fine, a refused permit, or an exemption. Below, you can read how it works and what your options are.

What is the APV?

Every Dutch municipality has its own General Local Ordinance. This contains rules and regulations regarding public order and safety within that municipality. The General Local Ordinance therefore differs from municipality to municipality: what is permitted in one place may be prohibited or require a permit in another.

For entrepreneurs, these topics, among others, are relevant:

  • events, stalls and terraces;
  • nuisance, noise nuisance and odor nuisance;
  • environment, soil and (in some municipalities) fireworks;
  • advertisementsand displays;
  • opening and closing times, parking.

For sectors such as hospitality, retail, and event organization, this can have a major impact on daily business operations. It is therefore essential to know which General Municipal Ordinance (APV) rules apply to your business.

What if the General Municipal Ordinance rules change?

A municipality can amend the General Municipal Ordinance (APV) or the associated policy, sometimes unexpectedly and with significant consequences for your business. Approach it in a structured manner:

  1. Study the new rules. Map out exactly how the change affects your business.
  2. Talk to the municipality. Sometimes the municipality can make an exception; such an exception is called an exemption.
  3. Find the right legal route. Whether you can challenge a decision depends on the nature of that decision (see below).

Can you object to the General Municipal Ordinance?

An important distinction applies here. The APV itself is a generally binding regulation: general rules that apply to everyone. In principle, the administrative legal remedies of objection and appeal are not available against such a generally binding regulation. Therefore, you usually cannot directly challenge an amendment to the APV.

The situation is different in the case of a decision specifically directed at you. Are you receiving a sanction for violating the General Municipal Ordinance, or is your permit or exemption being refused or revoked? In that case, you can indeed an objection , and subsequently lodge an appeal with the administrative court. Obtain legal advice before filing an objection so that you can properly assess your chances and the consequences. Also, pay attention to the objection period: this is usually six weeks after the decision is announced.

Frequently asked questions about the APV

Where can I find the General Municipal Ordinance (APV) of my municipality?

The current General Municipal Ordinance (APV) of your municipality can be found on the municipal website and on the national website for local regulations (lokaleregelgeving.overheid.nl). Because the APV is regularly amended, always check the most recent version.

What is the difference between a permit and an exemption?

A permit is permission to do something for which permission is required by the rules. An exemption is an exception to a prohibition: the municipality allows you to deviate from a rule that normally applies. You apply for both at the municipality.

Within what timeframe must I file an objection?

A period of six weeks after notification generally applies to an objection directed at you, such as a refused permit or a fine. Do not wait too long: after the expiry of this period, the decision is, in principle, final.

Assistance with local ordinance issues

The General Municipal Ordinance (APV) and associated policy can have a significant impact on your business. The legal experts and lawyers at MKB Juristen advise on the best strategy, assist with filing objections, and support you in legal proceedings. Read more about changes to the APV and policy rules , or schedule a no-obligation intake.

Please note: an article provides general information, but your legal situation may turn out differently.

A contract, conflict, or legal risk must always be assessed based on the facts, documents, evidentiary position, and interests. Are you in doubt? Have your situation assessed before you act.

Legal question regarding this article?

A blog provides explanation, but your situation often requires a concrete legal choice. MKB Juristen helps entrepreneurs with contracts, terms and conditions, GDPR documents, employment documents, disputes, and customized legal solutions.

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