Closure of home, business or publicly accessible area

Mayor's power of closure 

The mayor has the legal authority to temporarily close a home, business premises or other building. This is a drastic measure used only when public order or safety is seriously threatened. The purpose of the closure is to restore livability, safety and tranquility to the area and prevent the recurrence of dangerous or undesirable situations. 

When can a property be closed?

1. Domestic violence (Temporary Restraining Order Act)
In cases of serious and imminent domestic violence, the mayor may impose a temporary restraining order. This means that a person is temporarily prohibited from staying in or going near the residence. The property itself is not closed in this case. 

2. Violations of the General Local Bye-Law (APV)
For example, in cases of nuisance, illegal prostitution or catering activities that violate the rules. Closure may then be necessary to end the nuisance or illegal situation. 

3. Serious disturbance of public order (Municipal Law, Article 174a)
If weapons are found in a premises, incidents of violence occur or criminal activities take place that seriously disturb public order, the mayor may decide to close the premises. 

4. Trade in or production of drugs (Opium Act, Article 13b - Damocles Act)
When a trade stock of drugs, production or storage is found, the mayor can close a premises. This applies to both residential and business premises and premises open to the public.  

Purpose closure

The measure is designed to: 

  • end the immediate threat or nuisance;
  • restore public order and safety;
  • prevent the situation from recurring. 

Closure is always temporary and the duration is tailored to the severity of the situation.

Closure in case of weapons or serious disturbance of public order (Municipal Act/APV) 

A home or business can also be closed down outside of drugs. If there is a serious danger to public order and safety, the mayor can intervene under the Municipal Law (Article 174a) or the General Local Bye-Law (APV).

When can the mayor close?

  • Discovery of firearms, explosives or large quantities of ammunition in a home or business.
  • Situations that result in serious threats to safety or livability in the area.
  • Criminal activities or incidents that seriously disrupt public order.

What does closure mean?

  • The property will be temporarily closed and sealed.
  • The duration of the closure depends on the severity and circumstances of the case.
  • The closure is intended to immediately restore the safety of the neighborhood and prevent a recurrence.

Basis for mayor's closure of premises

Temporary Restraining Order Act
Domestic violence (person temporarily banned		No closure of premises, but temporary ban on occupant(s)
Housing Act
Unsafe or uninhabitable premises		Closure in case of fire hazard, collapse hazard or serious 
APV
Hospitality, prostitution, nuisance		Closure for violation of APV rules, such as hospitality or 
Municipal Law (art. 174a)
Serious disturbance of public order		Closure for weapons, violent incidents or criminal activity
Opium Act (art. 13b)
Drugs - Damocles Act		Closure for trafficking, production or storage of drugs.

Why these measures?

Closing a home or business is a drastic measure, but sometimes necessary. The mayor intervenes only if the situation is so serious that it is the only way to protect the safety, public order and livability of the neighborhood.