Compensation for loss

You may experience damage as a result of a decision by the municipality, for example if the municipality has a highway constructed near a residential area. You can then apply for financial compensation from the municipality.

How does it work?

You can apply for adverse compensation for all potential damages associated with a decision by the government, in this case your municipality.

For example:

your house or property has decreased in value due to the plan. We call this depreciation of real estate;
your business has lower revenue or a loss of profit due to the plan. We call this loss of income;
loss of (rental) income;
extra costs for having to take a detour due to a road closure;
nuisance caused by construction work.

Compensation for damages

To be eligible for adverse compensation, a number of matters are important:

the damage must be the result of the municipality's actions;
the damage exceeds the normal societal risk, and
affects you disproportionately hard compared to others.

Please note: you must apply for compensation within 5 years after becoming aware of the damage and knowing that the municipality is responsible for the event that caused the damage.

Is your claim covered under the " Omgevingswet"?

Is your claim specifically related to actions taken by the municipality regarding the physical living environment? If so, your claim for compensation for damages is also subject to the rules set forth in the Act on Compensation for Damage Caused by Municipal Activities ( Omgevingswet).

With regard to the physical living environment, the legislature has established specific rules for compensation for damages. In short, this means that the municipality may also cause damage when it adopts, grants, establishes, implements, amends, or revokes decisions, rules, descriptions, regulations, authorisation, grants or denies permits, and in other specific situations relating to the physical living environment. This concerns specific situations described in the Omgevingswet .

If your application falls under this category, the review of your application will be handled by the Omgevingswet . You can fill out the same form below for this purpose.

What to do?

why you are requesting compensation (which event caused the damage?);
a description of the damage;
the amount of damage and a specification thereof, where possible;
how much compensation you are requesting;
in case of damage to real estate: cadastral number;
your bank account number;
if the damage concerns loss of profit or income: annual accounts for the year in which the damage was suffered and, where applicable, the three preceding years, as well as corporate tax or income tax assessments;
in the case of damage due to lost rental income: a copy of the lease or user agreement and a deed of ownership.

How long does it take?

The procedure for injury compensation takes between 8 weeks and 6 months, depending on the complexity of the assessment;
If you disagree with the decision, you can lodge an objection.