Dutch Legislation

Chapter 10

in force

Duty to tolerate

Environment and Planning Act (Omgevingswet) · Articles: 44

Section 10.1

General provisions

10.1 Article 10.1

In this Chapter and the provisions based thereon, the following definitions apply:

10.1a Article 10.1a

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

10.2 Article 10.2

A titleholder shall tolerate for roads and public works (waterstaatswerken):

10.3 Article 10.3

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…

10.4 Article 10.4

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…

10.5 Article 10.5

Persons charged with the inspection of water systems or parts thereof, acting under the responsibility of the manager, are authorised to enter any…

10.6 Article 10.6

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…

10.7 Article 10.7

The operator of an airport as referred to in Article 8.1b of the Aviation Act (Wet luchtvaart) shall tolerate at the airport electronic…

10.8 Article 10.8

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…

10.9 Article 10.9

A titleholder shall tolerate that the holder of a permit for the exploration of CO2 storage complexes, the exploration or extraction of minerals or…

10.10 Article 10.10

A person entitled to an immovable property in or upon which signs providing information for the implementation of the Bathing Water Directive are…

10.10a Article 10.10a

A titleholder shall tolerate the implementation of temporary protective measures as referred to in Article 19.9c for the prevention or limitation of…

10.10b Article 10.10b

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…

10.10c Article 10.10c

A titleholder shall tolerate that lands are entered, or that excavation works or surveying works are performed thereon, or that markers are placed…

10.10d Article 10.10d

A right holder shall tolerate that surveying activities or observations are carried out or markers are placed within the area to be developed.

10.10e Article 10.10e

A titleholder shall tolerate that the activities regarding roads, water management works, areas of importance from the perspective of nature…

10.10f Article 10.10f

Within a land consolidation block, a titleholder shall tolerate that:

10.10g Article 10.10g

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…

10.10h Article 10.10h

A person entitled to an immovable property shall tolerate excavation works, surveying activities, or the placement of markers if this is deemed…

10.10i Article 10.10i

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…

10.10j Article 10.10j

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

10.11 Article 10.11

A duty to tolerate pursuant to this Section may be imposed if, for a work of public interest:

10.12 Article 10.12

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…

10.13 Article 10.13

Our Minister of Infrastructure and Water Management may impose a duty of sufferance upon a titleholder for the establishment or removal of:

10.13a Article 10.13a

The competent authority for an application for an environmental permit for an environmentally hazardous activity relating to a landfill may impose…

10.13b Article 10.13b

The municipal executive (college van burgemeester en wethouders) may impose a duty of tolerance (gedoogplicht) upon a rightful claimant for:

10.14 Article 10.14

Our Minister of Infrastructure and Water Management may, after consultation with Our Minister of Climate and Green Growth, impose a duty of…

10.15 Article 10.15

Our Minister of Infrastructure and Water Management may, after consultation with Our Minister of Housing and Spatial Planning, impose an obligation…

10.16 Article 10.16

Our Minister of Infrastructure and Water Management may impose a duty of tolerance upon a titleholder for the performance of an investigation at a…

10.17 Article 10.17

The administrator may impose upon a rightsholder a duty to tolerate the performance of an investigation that is necessary for the application for or…

10.18 Article 10.18

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…

10.19 Article 10.19

Our Minister of Education, Culture and Science may impose upon a titleholder a duty of tolerance for the purpose of entering premises, performing…

10.19a Article 10.19a

Our Minister of Defence may impose an obligation of sufferance upon a rightsholder for the construction or removal of works for the exercise of…

10.20 Article 10.20 repealed
10.21 Article 10.21

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…

10.21a Article 10.21a

The municipal executive (college van burgemeester en wethouders) may, for the purpose of preventing, limiting, or reversing soil contamination or…

10.22 Article 10.22

A tolerance obligation order (gedoogplichtbeschikking) shall in any event contain a description of:

10.23 Article 10.23

Upon the petition of the entitled party, the order imposing a duty of tolerance (gedoogplichtbeschikking) may be amended if it concerns the location…

10.24 Article 10.24

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…

10.25 Article 10.25

The rights and obligations of the entitled party and of the initiator included in the administrative order of tolerance (gedoogplichtbeschikking)…

10.27 Article 10.27

If the administrative order imposing a duty to tolerate (gedoogplichtbeschikking) for a work of public interest has been revoked, the initiator shall…

10.28 Article 10.28

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

10.29 Article 10.29

The Provincial Executive or Our Minister of Agriculture, Fisheries, Food Security and Nature may decide that the persons or groups of persons who…