Chapter 10
in forceDuty to tolerate
Section 10.1
General provisions
In this Chapter and the provisions based thereon, the following definitions apply:
For activities as referred to in Sections 10.2 and 10.3 and the activities mentioned in the administrative order to tolerate…
Section 10.2
Statutory duties to tolerate
A titleholder shall tolerate for roads and public works (waterstaatswerken):
A party entitled to rights shall tolerate, on land situated on or in a surface water body the maintenance of which is carried out by or on behalf of…
For activities as referred to in Articles 10.2 and 10.3, paragraph 1, the manager shall inform the entitled party in writing at least forty-eight…
Persons charged with the inspection of water systems or parts thereof, acting under the responsibility of the manager, are authorised to enter any…
A party entitled to an immovable property where measures as referred to in Article 8.49, paragraphs one and two, of the Environmental Management Act…
The operator of an airport as referred to in Article 8.1b of the Aviation Act (Wet luchtvaart) shall tolerate at the airport electronic…
A party entitled to infrastructure, other than main railways, the management of which has been assigned to, or is managed by, a public body by or…
A titleholder shall tolerate that the holder of a permit for the exploration of CO2 storage complexes, the exploration or extraction of minerals or…
A person entitled to an immovable property in or upon which signs providing information for the implementation of the Bathing Water Directive are…
A titleholder shall tolerate the implementation of temporary protective measures as referred to in Article 19.9c for the prevention or limitation of…
A party entitled to an immovable property in respect of which the provincial executive or one of Our Ministers, for the purpose of executing the task…
A titleholder shall tolerate that lands are entered, or that excavation works or surveying works are performed thereon, or that markers are placed…
A right holder shall tolerate that surveying activities or observations are carried out or markers are placed within the area to be developed.
A titleholder shall tolerate that the activities regarding roads, water management works, areas of importance from the perspective of nature…
Within a land consolidation block, a titleholder shall tolerate that:
A party entitled to a plot of land that has been temporarily made available for use to a public body or legal entity pursuant to Article 12.21…
A person entitled to an immovable property shall tolerate excavation works, surveying activities, or the placement of markers if this is deemed…
A titleholder shall tolerate that gas pipelines of a transmission or distribution system as referred to in Article 1.1 of the Energy Act, including…
A titleholder shall tolerate the execution of surveying or excavation work, the placement of markers in, above, or on an immovable property, or the…
Section 10.3
Obligations to tolerate imposed by court order
A duty to tolerate pursuant to this Section may be imposed if, for a work of public interest:
The imposition of a duty to tolerate pursuant to this section shall be effected upon the application of the initiator or ex officio, if the initiator…
Our Minister of Infrastructure and Water Management may impose a duty of sufferance upon a titleholder for the establishment or removal of:
The competent authority for an application for an environmental permit for an environmentally hazardous activity relating to a landfill may impose…
The municipal executive (college van burgemeester en wethouders) may impose a duty of tolerance (gedoogplicht) upon a rightful claimant for:
Our Minister of Infrastructure and Water Management may, after consultation with Our Minister of Climate and Green Growth, impose a duty of…
Our Minister of Infrastructure and Water Management may, after consultation with Our Minister of Housing and Spatial Planning, impose an obligation…
Our Minister of Infrastructure and Water Management may impose a duty of tolerance upon a titleholder for the performance of an investigation at a…
The administrator may impose upon a rightsholder a duty to tolerate the performance of an investigation that is necessary for the application for or…
Our Minister of Infrastructure and Water Management may impose a duty to tolerate upon a titleholder if, for the purpose of determining the level of…
Our Minister of Education, Culture and Science may impose upon a titleholder a duty of tolerance for the purpose of entering premises, performing…
Our Minister of Defence may impose an obligation of sufferance upon a rightsholder for the construction or removal of works for the exercise of…
Our Minister of Infrastructure and Water Management may impose a duty of sufferance upon a titleholder for the establishment or removal of a work of…
The municipal executive (college van burgemeester en wethouders) may, for the purpose of preventing, limiting, or reversing soil contamination or…
A tolerance obligation order (gedoogplichtbeschikking) shall in any event contain a description of:
Upon the petition of the entitled party, the order imposing a duty of tolerance (gedoogplichtbeschikking) may be amended if it concerns the location…
The person upon whom a duty to tolerate rests pursuant to Section 10.3.2 shall tolerate that the initiator clears, shortens, or prunes trees and…
The rights and obligations of the entitled party and of the initiator included in the administrative order of tolerance (gedoogplichtbeschikking)…
If the administrative order imposing a duty to tolerate (gedoogplichtbeschikking) for a work of public interest has been revoked, the initiator shall…
Article 20, paragraph 2, of Book 5 of the Civil Code shall apply mutatis mutandis to works of public interest that are constructed, maintained…
Section 10.4
Miscellaneous
The Provincial Executive or Our Minister of Agriculture, Fisheries, Food Security and Nature may decide that the persons or groups of persons who…