Apply for planning damage or compensation for damage

Do you have or expect damage due to a decision of the municipality? Then you can ask the municipality for compensation for the damage.

The municipality may amend a zoning plan or approve an environmental permit that causes you damage. For example, if a new residential area or road is built. 

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Approach

This is how you apply for loss compensation or compensation for planning damage:

  • Fill in the application form.
  • You provide:
    • what damage you have
    • which decision caused the injury
    • Why you think you are entitled to compensation
    • what amount you want to receive as compensation
    • how you arrive at that amount
    • any evidence or photographs that support your application (e.g., proof of ownership)
    • your signature
  • You pay the fees at the time of your application. If you are right, you will be refunded these fees.

Costs

You pay €300 for processing your application. You will get the amount back if you are successful. You will not get the amount back if we reject your application.

Description

You may be harmed by a municipality's decision about your neighborhood. For example, the municipality builds a road right behind your house, so that your house becomes worth less. Or due to works, your store is not easily accessible, so you lose income.

You may be entitled to compensation. You can ask the municipality for compensation.

Is the damage a result of a decision from 2023 or earlier? If so, you are requesting compensation for planning damages.

Is the damage a result of a decision from 2024 or later? Then you are asking for disadvantage compensation.

After your application for compensation, an independent advisor conducts an investigation. He advises the municipality whether you are entitled to compensation for damages. The municipality decides on your application and determines the amount of compensation.

At overheid.nl, you can find the Heerlen 2022 Compensation for Damage Ordinance.

Requirements

Requirements for applying for loss compensation or compensation for planning damages include:

  • You are harmed by a municipality's decision about your neighborhood.
  • You have permanent damage to your home, commercial building or piece of land (you are an owner, not a tenant). Or you have a drop in income.
  • You have good reasons why the damage is not your fault. For example, because you could not have known that you would suffer damage when you bought the property or land.
  • There is no other arrangement through which you can get compensation.

Have you received compensation for the damage in any other way? For example through purchase, expropriation, insurance etc. then you are not entitled to compensation. For more information see procedural regulations for advising on compensation for planning damage.

Term

You apply for compensation within 5 years after a municipality's decision is final and/or within 5 years after the damage occurred.
The application process takes up to 1 year.

Objections and appeals

Do you disagree with the municipality's decision? Then you can lodge an objection. This allows you to let the municipality know why you disagree with the decision. You must do this within six weeks. The municipality will then review your application and make a new decision.

If you still disagree with the municipality's decision, you can ask the court to review whether the municipality made the right decision. This is called 'appealing'.

More information

Procedure regulation for advising on compensation for planning damage

Information on disadvantage compensation at Iplo.com

Information on planning damages and transitional law at Iplo.com

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