Besluit aanwijzing toezichthouders VTH – Appointment of Supervisors for the Municipality of Groningen
The Besluit aanwijzing toezichthouders VTH is a formal municipal decision issued by the Mayor and Aldermen (college van burgemeester en wethouders) of the Municipality of Groningen, Netherlands. Effective from February 27, 2024, this statute establishes the legal designation of supervisors responsible for monitoring and enforcement within the domains of permitting, supervision, and handshaking (Vergunningverlening, Toezicht en Handhaving or VTH). The decision is rooted in Articles 18.6 and 18.7 of the Omgevingswet (Environment Act) and Article 5:11 of the Algemene wet bestuursrecht (General Administrative Law Act).
The document defines the professional scope and specific legal powers granted to municipal staff. It explicitly names the departments and teams authorized to conduct inspections and identifies the exact legislative acts they are mandated to uphold. This includes broad environmental and housing regulations as well as specific municipal ordinances. The designation remains valid until the termination of employment or formal withdrawal of the appointment. Furthermore, the decree outlines special authorizations regarding the entry of residential properties.
The following sections detail the specific personnel categories, the specialized powers granted for residential inspections, and the full list of laws and regulations subject to this supervisory framework.
Designation and Duration of Appointment
Article 1 defines which municipal employees are formally recognized as supervisors under the law. This status is granted to all staff members of the Vergunningverlening, Toezicht en Handhaving department who are tasked with monitoring compliance with the laws listed in the decree.
- VTH Department: All designated staff are authorized as supervisors.
- Duration: The appointment is valid until the individual's employment ends or the appointment is formally revoked.
- Legal Basis: Appointments are made in accordance with Article 18.6 Omgevingswet and Article 5:11 Algemene wet bestuursrecht.
Special Powers of Entry
Specific teams within the VTH department are granted additional legal authority under Article 18.7 of the Omgevingswet. This allows designated officers to enter a dwelling without the consent of the resident when carrying out their supervisory duties.
- Authorized Teams: Staff within the Inspectie en Handhaving (Inspection and Enforcement) and Woontoezicht (Housing Supervision) teams.
- Equipment: Authorized personnel may bring necessary technical equipment when entering a property.
- Constraint: This power is specifically linked to the enforcement of the laws cited in Article 2 of the decision.
Regulatory Scope of Supervision
Article 2 enumerates the specific national laws and local ordinances that the appointed supervisors are authorized to monitor. These include:
- Omgevingswet (Environment Act) and derived regulations.
- Woningwet (Housing Act).
- Huisvestingswet and Huisvestingsverordening (Housing Law and Ordinances).
- Wet goed verhuurderschap (Good Landlordship Act).
- Leegstandswet and Leegstandsverordening (Vacancy Act and Ordinances).
- Besluit lozen buiten inrichtingen (Decree on discharge outside establishments).
- Verordening openbaar vaarwater (Public Waterways Ordinance).
- Algemene subsidieverordening (General Subsidy Ordinance).
Frequently Asked Questions
Which authority issued the supervisor appointment decision for Groningen?
The decision was issued by the Mayor and Aldermen (college van burgemeester en wethouders) of the Municipality of Groningen.
When did the Besluit aanwijzing toezichthouders VTH come into effect?
The decision entered into force on February 27, 2024, the day after its official publication.
Can Groningen municipal supervisors enter a home without permission?
Yes, under Article 1.2 and Article 18.7 of the Omgevingswet, members of the Inspection and Enforcement and Housing Supervision teams may enter a dwelling without the resident's consent.
Which specific housing laws do these supervisors enforce?
They monitor compliance with the Woningwet, Huisvestingswet, Wet goed verhuurderschap, and the Leegstandswet.
Does this document replace any previous regulations?
Yes, Article 3 explicitly revokes the previous supervisor appointment decision dated November 21, 2023.
What happens to a supervisor's authority if they leave their job?
According to Article 1.1, the appointment as a supervisor automatically terminates upon the end of the individual's employment contract.
