Compensation for Losses

You may suffer damages as a result of a decision made by the municipality. For example, if the municipality has a highway built near a residential area. In that case, you can apply to the municipality for (financial) compensation.

How does it work?

You can apply for compensation for any damages resulting from a decision by the government—in this case, your municipality.

For example:

Your home or property has lost value as a result of the plan. We refer to this as a decrease in the value of real property;
Your business experiences a reduction in revenue or a loss of profit as a result of the plan. We refer to this as loss of income;
loss of (rental) income;
additional costs incurred due to having to take a detour because of a road closure;
nuisance caused by construction work.

Compensation for Damages

To be eligible for compensation for damages, there are a number of important factors to consider:

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

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

Does your claim fall under the Environment Act?

Is your claim specifically related to actions taken by the municipality concerning the physical living environment? If so, your claim for compensation for damages is also subject to the provisions of the Environment Act.

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, approvals, permits, or refusals to grant permits, as well as in other specific situations concerning the physical living environment. This applies to specific situations described in the Environment Act.

If your application falls under the categories listed below, the review of your application will be based on the Environment Act. You can use the same form below to submit your application.

What should I do?

why you are requesting compensation (what event caused the damage?);
a description of the damage;
the amount of damages and a breakdown thereof, to the extent possible
how much compensation you want;
in the event of damage to real property: cadastral number;
your bank account number;
in the case of a claim for loss of profits or income: financial statements for the year in which the loss was incurred and, to the extent applicable, the three preceding years, as well as the corporate income tax or individual income tax assessment notices;
If the claim involves loss of rental income: a copy of the lease agreement or usage agreement and a title deed.

How long does it take?

The compensation process takes between 8 weeks and 6 months, depending on the complexity of the assessment;
If you disagree with the decision, you may file an objection.