Claiming compensation for loss caused by water management
Did you suffer loss caused by water management? And did the public authority act according to the rules (lawfully)? Then you can claim compensation for loss (nadeelcompensatie) from the public body that is responsible for the damage. For example, the municipality, province, regional water authority or the national authorities.
Find out more or arrange now
at your municipality, province, or water authority
Decisions that classify as cause of damage
The Environment and Planning Act (Omgevingswet) lists a number of decisions or measures that classify as the cause of damage (in Dutch). Compensation for loss (nadeelcompensatie) can only be claimed if the damage is caused by those decisions or measures. The key ones for water management include:
- a project decision (in Dutch) by the province, regional water authority, or national authorities for the realisation of a project. For example, the construction or extension of a motorway
- immediately applicable rules in the regulations of a province or regional water authority (in Dutch). For example, rules on surface water quality
Compensation for loss caused by obligation to tolerate
There is a specific regulation for loss caused by an obligation to tolerate (gedoogplicht), which applies, for example, to groundwater extraction.
An obligation to tolerate allows the water management authority to perform certain activities. It does not matter whether the owner or other party entitled to the land gives permission for these activities or not. They have to tolerate the performance of the activities. Examples include:
- maintenance work on waterways or flood defences
- the installation of measuring equipment
- the construction or modification of a water management structure
You can apply for compensation for loss caused by tolerance obligations.
How to claim compensation for loss caused by water management
You can submit an application for compensation to the public authority that is responsible for the damage. For example, the municipality, province, regional water authority or the national authorities.
The public authority to which you must apply for compensation varies depending on the situation:
- For damage caused by the performance of water management tasks by the province (in Dutch), you must apply to the province.
- For damage caused by the performance of water management tasks in regional waters (in Dutch), you must apply to your regional water board.
- For damage caused by the performance of work in national waters (in Dutch), you can apply for compensation from the Ministry of Infrastructure and Water Management (IenW).
Read more about the procedure for applying for compensation for loss under the Environment and Planning Act at Informatiepunt Leefomgeving (IPLO).
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 within 6 weeks to rule on the decision. If the public authority does not respond within 8 weeks, you can file a claim with the court.