Municipality Dijk en Waard: Working with the environment plan

Damage caused by a zoning plan

A planning decision made by the municipality may cause you damage or financial loss. Examples include new zoning plans or decisions to issue an all-in-one permit for physical aspects (omgevingsvergunning) that grants an exemption from the zoning plan. You can claim compensation if you suffer damages. To claim compensation, you must wait until the municipality’s decision is final. It is final when it is no longer open to objection or appeal.

There are two important criteria to qualify for compensation for damage caused by planning decisions:

• you could not have foreseen the damage when you bought the building or the land;
• you did not receive any other compensation, for instance for expropriation (onteigening)

Applying for compensation

You can claim compensation from the municipality by writing to the municipality. You must make sure to send in your claim within 5 years of the municipality’s final decision. 

The letter must include:

• your name, address, and signature
• the reasons and supporting arguments for the compensation
• the measure causing the damage
• a description of the damage
• the date
• in the event of damage to immovable property: whether you are a tenant or the owner
• all supporting documents in your possession

There is a fee for applying for compensation.

It will take at least 6 weeks to deal with your claim/application, but it can also take over 1 year.