Claiming damages or compensation for loss from a public authority

Have you suffered damage as a result of something a public authority has done or decided? Then you may be eligible for compensation for loss or claim damages from the municipality, province, regional water authority or national authorities.

You may have suffered damage as a result of something the public authorities have done or decided. For example, you may have:

• suffered loss of income
• incurred additional costs
• suffered material damage

In some cases you can claim damages or compensation for loss.

Compensation for loss or claiming damages: lawful and unlawful act of a public authority 

There are two types of compensation or damages that you may be entitled to:

• compensation when the public authorities act in accordance with the rules: lawful acts of a public authority (nadeelcompensatie)
• compensation when the public authorities do not act in accordance with the rules: unlawful act of a public authority

Claiming compensation for lawful acts of a public authority

Does the public authority act according to the rules (lawfully) and have you suffered damage? Then you can claim compensation from the public body that is responsible for the damage. An example of a lawful act is road reconstruction. If, as a result, it is difficult or impossible for customers to reach your business premises, you can suffer a loss of income.

In general, you will have to bear the costs yourself if you suffer damage as a result of lawful acts of a public authority. Compensation will only be granted if you are affected disproportionally, and if you were unable to know about the measures or the extent of the damage. And if the damage you suffer is not covered by normal social or business risk.

Compensation for loss under the Environment and Planning Act

Is the damage you suffer caused by a decision under the Environment and Planning Act? For example serious nuisance caused by the construction of a train station, or by building plans that cause your business property to decrease in value? Then you may be eligible for compensation for loss (nadeelcompensatie, previously known as planschade), and special rules apply. The Environment and Planning Act lists a number of decisions or measures that classify as the cause of this damage. Compensation for loss can only be claimed if the damage is caused by those decisions or measures. The key ones include:

• the environment plan
• an environment and planning permit
• a project decision by the province, regional water authority, or national authorities for the realisation of a project, and
• immediately applicable rules in the regulations of a province or water authority.

On the IPLO website you can read more about the legal proceedings to claim compensation for loss under the Environment and Planning Act (in Dutch). 

Claiming compensation for unlawful acts of a public authority

Does the public authority not act according to the rules (unlawfully) and have you suffered damage? For example, did the municipality refuse to grant you a permit and were you entitled to one? Then you can claim compensation. You can submit an application for compensation to the public authority that took the decision.

Has your claim for compensation been rejected?

Has your claim for compensation been rejected? If you do not agree with the public authority’s decision to reject your claim for compensation, you can ask the court to rule on the decision. If the public authority does not respond within 8 weeks, you can file a claim with the court.