The environment plan (omgevingsplan) includes rules that apply to all activities that may affect the living environment. The environment plan defines what can be built or rebuilt on a specific location. And how the land and buildings can be used. The environment plan indicates, for example where houses, shops, businesses, or restaurants are allowed. And which land is meant for roads and green spaces. It also contains rules for noise, odours, and other activities that may harm the environment.
Checking the environment plan
You can find the environment plan via Rules on the map (Regels op de kaart, in Dutch) in the Omgevingsloket (in Dutch). Or contact the municipality.
Municipalities have until 2032 to include all regulations concerning the physical living environment in the environment plan. Is the environment plan not yet complete? Then you can also find the municipality’s zoning plans and local by-laws via Rules on the map.
Claiming compensation
Did you suffer damage as a result of a change in the environment plan? You may be able to claim compensation. Contact the municipality.
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 (vergoeding planschade):
- 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 filling out the digital form Nadeelcompensatie aanvragen | Gemeente Eindhoven. 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
You have to pay a fee to apply for compensation. This fee will be reimbursed if the municipality decides that you are entitled to compensation.
It will take at least 6 weeks to deal with your claim/application, but it can also take over 1 year.