Planning-related damage
What is it?
Planning damage occurs when a house or a piece of land loses value due to a zoning plan or an environmental plan. For example, if the municipality builds a highway near a residential area. In that case, you can apply to the municipality for financial compensation.
For new decisions Omgevingswet under the Omgevingswet on or after January 1, 2024, planning damages will be replaced by compensation for losses.
How does it work?
Planning-related damage can arise in two ways:
- The value of your home or property has decreased as a result of the plan. We refer to this as a decrease in property value.
- Your business is generating less revenue as a result of the plan. We refer to this as a loss of income.
Allowance
To be eligible for the allowance, two factors are important:
- You could not have foreseen the damage when you bought the house or the land.
- You have not received any other form of compensation.
You will receive compensation if it is unfair for you to have to pay for the damage yourself or if the damage is not covered by insurance.
An excess of (at least) 2 percent applies in the following cases:
- depreciation of the real estate
- loss of income
What should I do?
You are applying for financial assistance from the municipality. Please include the following information in your application:
- Why you are requesting financial assistance
- how much compensation you would like
- which land-use plan caused the damage (for example, the zoning plan)
- a description of the damage
- the amount of damages
- in the event of damage to real property: parcel number
- your bank account number
You can request this in writing or send an email to info@westmaasenwaal.nl.
Please note: You must apply for the subsidy within 5 years of the zoning plan becoming final.
There isa €300.00 fee to file a claim for compensation. You will only be reimbursed if compensation is actually awarded.
How long does it take?
- The process for receiving financial assistance takes an average of 1 to 1.5 years.
- If you disagree with the decision, you may file an objection.