Don't close the door too soon: everything you need to know about a (planned) Sealing measure of a residence 

On March 28, 2025

The mayor can temporarily give a sealing measure to close a home or premises (such as business premises or a warehouse) in the event of drug-related nuisance or a serious disturbance of public order. This is an administrative measure, not a criminal one. This means that the mayor does not first have to prove that a criminal offense has actually been committed. The discovery of drugs or a violent incident in or around a home or building may be sufficient grounds for closure. Due to the drastic nature of the measure, sealing  must be considered a last resort, as it infringes on the right to privacy (Article 10 of the Constitution) in the case of homes.

Closure of a residence under the Opium Act (drug nuisance)

Under Article 13b of the Opium Act, the mayor has the power to seal  a residence if a commercial quantity of drugs is found in the residence or if there are criminal preparatory acts within the meaning of the Opium Act. According to established case law, the presence of more than 0.5 grams of hard drugs and more than 5 grams of soft drugs is considered a commercial quantity, which in principle gives the authority to close the property. It is then assumed that the drugs were (partly) intended for sale, delivery, or distribution. Furthermore, the mayor has the power to close a dwelling if objects or substances are found in the dwelling, of which it is plausible that there was knowledge or serious suspicion that they were intended for the commission of criminal preparatory acts, such as the preparation or cultivation of hard or soft drugs.

Closure of dwellings under the Municipalities Act (other forms of nuisance)

In addition to the power to close a property under the Opium Act, the mayor has the power to seal a property under Article 174a of the Municipalities Act if there is a serious (imminent) disturbance of public order in or around the property. This could include nuisance caused by illegal prostitution, arms trafficking, or other illegal activities.

Can the mayor proceed with closure?

The fact that the mayor has the power to proceed with sealing  does not automatically mean that the mayor may reasonably exercise that power. Sealing must be necessary to protect the residential and living environment around the property and to restore public order. To this end, it is important to determine whether there are no other, less drastic measures available to achieve the same goal. The mayor must then assess whether the closure is proportionate. Various circumstances may be relevant in this assessment, such as the degree of culpability of those involved and the adverse consequences of the closure.

Since a home closure is a very far-reaching intrusion into personal privacy, the mayor must also assess whether those involved are disproportionately affected by the home closure. This proportionality test is not always carried out sufficiently or properly by the mayor. A blog about this has already appeared on our site.

Need a lawyer for a home closure? Contact us

Have you received a notice from the municipality that your home or building will be sealed  due to drug-related nuisance, criminal preparatory acts, or another form of nuisance? If so, please contact us. Our firm can assist you in drafting a statement of opinion. It is particularly important that your own interests are properly represented at this stage.

Have you received a final decision? This often means that the sealing  will take place a few days after the decision. However, do not close the door immediately, but contact our office as soon as possible. Our office can then immediately file an objection to the sealing  of the property on your behalf and bring a preliminary injunction before the court (urgent procedure) with a request to the court to determine that the property will not be closed (provisionally) during the objection procedure. There may be more grounds for opposing the closure than you expect.

*As a rule, the Legal Aid Board does not grant legal aid for an intention procedure. This means that we may only be able to assist you on a fee-paying basis during the opinion phase. For the objection, appeal, and urgent proceedings, however, the Legal Aid Board does grant legal aid, depending on your income.