In the Netherlands M ayors do not have the power to deal with home owners who cause serious nuisance through excessive noise or other forms of antisocial behaviour towards their neighbours. The local authorities can try to close the houses, but the courts tend to see this as too radical. Lawyer Michel Vols is suggesting an amendment to the Dutch Municipalities Act that will empower local authorities to respond more effectively to serious conflicts between neighbours. Vols will be awarded a PhD by the University of Groningen on 31 October. Just last year, the Mayor of Purmerend closed an owner-occupied property because of the serious nuisance that the owner was causing to his neighbours. The decision was contested and the Haarlem District Court found in the owner’s favour. Although the nuisance seriously disturbed the neighbours’ enjoyment of their property and the court understood the reason for the Mayor’s decision, the judge did not think that noise nuisance ultimately justified home closure. The neighbours of the person causing the problem felt that the ruling left them paying the price. The only instrument available to mayors is the proverbial sledgehammer, which, in cases like these, may not be used to crack the nut. The authorities are left powerless to help victims of nuisance neighbours. This imbalance could easily be rectified in line with the English example, claims Michel Vols on the basis of his research into dealing with antisocial behaviour. Tony Blair’s Labour government gave local authorities the power to issue civil preventative orders to problem home owners at an early stage. ‘In the Netherlands, this could entail financial sanctions, such as a fine, in combination with a compulsory behaviour order. Owners could be given an ultimatum: get rid of the barking dog or leave your home.’ An amendment to Article 174a of the Municipalities Act (also known as the ‘Wet Victoria’) could bring an end to the invulnerability that home owners currently enjoy in practice. At present, if the person causing the ...