Herstelafspraken

Herstelafspraken are agreements aimed at rehabilitating the effects of a fault, non-compliance or incident by restoring the situation and compensating harm. They are used in various Dutch policy and legal contexts, including administrative enforcement, civil disputes, and restorative justice. A central idea is to resolve a problem through remediation rather than through punishment alone.

A typical herstelafspraak specifies concrete actions (such as repairing damage, paying compensation, restoring property, or implementing safety measures), deadlines, and reporting obligations. It may also include recognition of responsibility and, in restorative justice settings, an apology or community service. Depending on the domain, the agreement can be informal or formally binding, for example by being embedded in an administrative decision, a court order, or a contract between parties.

Operationally, herstelafspraken are negotiated between the involved parties with oversight by a supervising authority (such as a municipality, regulatory body, court, or insurer). If the parties comply, consequences are typically limited to the agreed remedial actions; if not, additional enforcement steps—such as fines, penalties, or prosecution—may follow. The instrument aims to be quicker and more restorative than standard sanctions though its use is subject to statutory rules, consent of the parties, and proportionality considerations.

In practice, herstelafspraken have been applied in contexts such as environmental remediation, housing and urban planning violations, workplace safety breaches, and cases of wrongdoing where damaged parties are compensated or restored to their prior position. They reflect a preference for remediation and accountability over punitive measures while leaving room for accountability. See also restorative justice and administrative enforcement.