Artikel 12: Inviolability of the home
- Entry into a home against the will of the occupant shall be permitted only in the cases laid down by or pursuant to Act of Parliament, by those designated for the purpose by or pursuant to Act of Parliament.
- Prior Identification and notice of purpose shall be required in order to enter a home under the preceding paragraph, subject to exceptions prescribed by Act of Parliament.
- A written report of the entry shall be issued to the occupant.
Explanation
Please note: Only the Dutch-language version of the Constitution has legal effect.
Article 12 provides that no one may enter a home without the occupant’s consent. Only legislation can specify cases in which entry is permitted. Whether a space is a home depends not only on its structure and furnishings, but also on how it is used.
Anyone authorised to enter must identify themselves and explain why they are entering. Exceptions apply, for example in emergencies such as a fire.
The occupant must also receive a written report as soon as possible. This can be delayed if necessary for national security or criminal proceedings. It can even be withheld permanently if national security requires it, so an occupant may never learn that someone secretly entered their home.
The General Act on Entry into Dwellings harmonises the various legal rules on entry and strengthens safeguards for occupants.