Notice of Intention to Revoke Procedure in Amsterdam

Notice of Intention to Revoke Procedure in Amsterdam

The notice of intention to revoke procedure is a mandatory step in which the Municipality of Amsterdam, as the competent authority, informs the permit holder of the possible revocation of a permit. This gives residents and businesses in Amsterdam the opportunity to submit a statement of objections before a final decision is issued. In a vibrant city like Amsterdam, with strict rules for hospitality and construction, this phase prevents surprise decisions and ensures a fair process.

What does the procedure in Amsterdam entail?

Under Amsterdam administrative law, the Municipality of Amsterdam first issues a notice of intention when preparing a revocation decision. This is communicated in writing to the permit holder and interested parties. You normally have four weeks to submit a statement of objections, in which you can show that circumstances have improved or facts are incorrect, such as noise complaints in the city center.

This practical procedure protects your right to be heard. Without this phase, no revocation decision can be taken, except with your consent (Article 5:20(1) Awb). It builds on our article about revocation of a permit in Amsterdam.

Legal basis

The rules are set out in the General Administrative Law Act (Awb), specifically:

• Article 3:2 Awb: Principles of proper administration, such as motivation and care.
• Articles 4:1 to 4:11 Awb: Pre-procedure with opportunity for statements of objections.
• Article 5:20 Awb: Revocation requires consent or public interest after statement of objections.

These ensure proportionality and legal certainty, relevant for Amsterdam cases at the Amsterdam District Court. See the Council of State's General Guidelines on Revocation of Permits for local case law.

Steps in the Amsterdam procedure

The steps with the Municipality of Amsterdam:

1. Adoption of notice of intention: Internal decision, e.g., for violations in the Jordaan or Oost.
2. Notification: Letter with reasoning, facts, and access to the file. Objection period: at least 1 week, often 4 weeks.
3. Submitting statement of objections: In writing or orally, with evidence such as measurements or plans.
4. Consideration of objections: Municipality weighs arguments in the final decision.
5. Final decision: Notified and published. Objection possible at Amsterdam District Court (Article 6:3 Awb).

Example: You run a snack bar in De Pijp with an environmental permit. The Municipality of Amsterdam announces revocation due to noise nuisance. With a statement of objections and insulation report, you can prevent revocation or negotiate a penalty.

Comparison with regular application in Amsterdam

Rights and obligations in Amsterdam

Rights:

• Full reasoning and access to the file (Article 3:2 Awb).
• Extension of deadline for valid reasons.
• Oral explanation possible.

Obligations:

• Respond on time.
• Substantiated arguments with evidence.
• No abuse of procedure.

Practical example: A hospitality entrepreneur in Amsterdam-Centre receives a notice of intention due to illegal terrace extension. A statement of objections with legalization proposal leads to withdrawal of the notice after adjustments.

Frequently asked questions

Tips for Amsterdammers

For success:

• Act immediately: Note deadline, prepare response with facts and alternatives.
• Gather evidence: Photos, measurements, witness statements, or expert advice.
• Seek help: Contact Amsterdam Legal Aid Office for free advice.
• Prepare objection: Document everything for potential proceedings at Amsterdam District Court.