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.
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. There are 2 types of compensation or damages that you may be entitled to:
- compensation when the public authorities do not act in accordance with the rules and you suffer damage (schadevergoeding)
- compensation for loss resulting from administrative acts, when the public authorities act in accordance with the rules (nadeelcompensatie)
Claiming compensation for unlawful acts of a public authority (schadevergoeding)
Does the public authority not act according to the rules (unlawful act of a public authority) and have you suffered damage? For example, did the municipality refuse to grant you a permit and were you entitled to one? You are then entitled to compensation for all damages. You can apply for compensation to the public authority that took the decision.
Has your claim for compensation been rejected?
Has your claim for compensation been rejected, or does the public authority not respond? And do you not agree? You can ask the court to award damages.
Claiming compensation for lawful acts of a public authority (nadeelcompensatie)
Does the public authority act according to the rules (lawful acts of a public authority) and have you suffered 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. In certain cases you may claim compensation for your losses from the public body that is responsible for the damage. For example from the municipality, the province, or the regional water authority. Conditions to claim compensation are for instance:
- you are affected disproportionally compared to others
- you were unable to know in advance or prevent this damage from occurring
- your loss is not already covered in another way
Compensation for loss under the Environment and Planning Act
Under the Environment and Planning Act, loss resulting from government planning decisions (planschade) is now referred to as compensation for loss resulting from administrative acts (nadeelcompensatie). Did you suffer loss or damage as a result of, for example, changes to the environment plan (formerly the zoning plan) or an environment and planning permit (a decision made after 1 January 2024)? You should apply for compensation for loss or damage under the Environment and Planning Act to the public body that made the decision (usually the municipality).