Proceed to evict within three days on suspicion of squatting | news item

News item | 01-07-2022 | 11:09

On July 1, 2022, the Enforcement of the Prohibition of Squatting Act will come into effect. This law shortens the period between the announcement and the actual eviction of a squatted building. Instead of a waiting period that can be up to eight weeks, eviction can then take place within three days.

Squatting a house or building has been banned since 2010. In the situation before 1 July 2022, it was no longer possible after 24 hours to immediately remove a squatter from the squatted building if the squatter had lodged an appeal and the court had not yet rendered a decision. In the event of suspected squatting, an announcement of the eviction is first given. In many cases, summary proceedings were instituted by the squatter, who claims right of residence. The Public Prosecution Service and the owner first had to wait for the outcome before taking action.

The new law changes that. In the event of future suspicions, the examining magistrate may be involved, who will decide within three days whether or not to proceed with eviction, thus giving the squatters the opportunity to be heard during that period. After hearing them, the examining magistrate makes a decision. He authorizes eviction or rejects the public prosecutor’s claim. As a result of this amendment to the law, the squatter(s) can be removed by order of the public prosecutor within three days, even if they appeal against the eviction.

The Enforcement of the Prohibition of Squatting Act is an initiative act of the VVD and CDA.

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