Compensation for loss or planning damage

Plan damage can occur in 2 ways:

• Your house or property has decreased in value because of the plan. This is called property depreciation.
• Your business has less income because of the plan. We call this loss of income.

Intervention

To qualify for relief, 2 things are important:

• You could not have expected the damage when you bought the house or land.
• You have not yet received relief in any other way.

You will receive compensation if it is unjust that you have to pay for the damage yourself or the damage is not insured.

A deductible of (at least) 2 percent applies:

• depreciation of the property
• loss of income

You are applying for an allowance from the municipality. Indicate the following in your application:

• why you are requesting relief
• how much relief you want
• by which spatial plan the damage occurred (e.g., the zoning plan)
• a description of the damage
• the loss amount
• in case of damage to an immovable property: cadastral number
• your bank account number

Please note that you must apply for the allowance within 5 years after the spatial plan is final.

You pay a fee to file a claim for compensation. You will be reimbursed the amount only if actual compensation is awarded.

You may submit the application for planning damage in writing to: Board of Mayor and Aldermen, Postbus 600, 6460 AP Kerkrade.

Requirements

Requirements for the allowance of plan damages include:

• you have suffered damage to your property (you are an owner, not a tenant)
• there is damage due to planning measures (spatial plans such as zoning plans)
• of the applicant, mayor and aldermen shall levy a duty of €300.

• The procedure for relief takes an average of 1 to 1.5 years.
• If you disagree with the decision, you can object.