Disadvantage compensation

Compensation for damages is about compensating for damages resulting from a government decision. A decision by the municipality may result in damage to you or your business. 

Examples of decisions or activities that may cause you harm include:

  • The implementation of road works that temporarily make your business inaccessible or less accessible. 
  • A traffic order prohibiting a road from being used by vehicular traffic.
  • Granting an event permit, which temporarily reduces the accessibility of your business.
  • An amendment to the environmental plan that restricts the use of your land.
  • Granting an environmental permit that allows more construction or another function on someone else's land near your home.

Under the Environment Act, in some cases, damage is not considered to have occurred until the environmental permit for the activity has been granted. The latter does not apply if the damage is caused by the adoption of a zoning plan under the Spatial Planning Act. This damage is also referred to as plan damage. In the examples mentioned above, a distinction is therefore also made between the environmental plan and the zoning plan.

What you need to know

Damages may include the decrease in value of real estate due to:

  • limitation of residential enjoyment
  • limitation of privacy
  • restriction of unobstructed view
  • shadowing by nearby buildings
  • traffic and parking disruption
  • reduced accessibility
  • loss of income

Special conditions

Future damages (e.g., sales loss and/or income loss) may be eligible for compensation.

Entitlement to full compensation for damages suffered is not always possible. Some damages fall under the normal social risk. These damages therefore fall under a kind of excess. This applies, for example, to damage resulting from amending the environmental plan or granting an environmental permit. 

If an amendment to the environmental plan or environmental permit involves land outside your parcel, an excess of a 4% decrease in the value of the property (such as a home or parcel) applies. 

Damage requests related to a zoning plan still fall under the old law of the Spatial Planning Act. For these cases, the deductible is a minimum of 2% of the value of the property (with a maximum of 5%).

What should you consider?

  • You pay a fee to file a claim for compensation. You will be reimbursed the amount only if actual compensation is awarded.
  • There is a limitation period of 5 years after the decision that caused the damage (amendment of the environmental plan or granting of the environmental permit) came into force. So submit your application on time.

Procedure

  1. The college will not decide on your request until the city council has amended the environmental plan or the college has granted the environmental permit and the decision has also taken effect.
  2. The municipality has a Regulation on Disadvantage Compensation Zoetermeer 2022. Applications are handled according to this regulation.
  3. Your application, if necessary, will be handled by an independent consultant who will assess the claim.
  4. The consultant will give you the opportunity to explain or complete your application. 
  5. The consultant prepares a recommendation.
  6. The college will decide on your request.
  7. Do you disagree with the decision? Then you can object.
  8. You may be entitled to a contribution toward the costs you incur for expert assistance (for example, the cost of a real estate agent/appraiser to appraise the value of your home). 

What to do?

Are you suffering damage as a result of a decision made by the municipality? Then you can submit a request for compensation to the municipality. To do so, you can use the online form (see 'Arrange online'). Would you prefer to submit your request on paper? Then call 14 079. We will send you the form.

In the form you indicate:

  • Why you think you have been harmed.
  • What caused the damage.
  • What decision or action caused your injury.
  • What the damage consists of.
  • What is the damage amount you want to be compensated (including an appraisal).

Send by mail?

An application by mail should be sent to:

Municipality of Zoetermeer
Board of Mayor & Aldermen
PO Box 15
2700 AA ZOETERMEER
 

Enclose with your application

We ask that you send the information below with your application. Please make sure you have these documents ready (digitally) before filling out the online form. Are you sending your application by post? Then send a copy of the attachments.

Accompanying an application by individuals

  • A document showing that you have authorized said person to make this application on your behalf (if this is the case).
  • A copy of the title deed or a copy of the lease, or the lease or user agreement of your home or real estate.
  • Pieces for explaining the amount of damages.
  • Other documents you consider important to the processing of your application.

Accompanying an application by companies

  • Extract from the Chamber of Commerce.
  • A document showing that you have authorized the named person to submit this application on your behalf (if this is the case).
  • A copy of the title deed or a copy of the lease or rental agreement or user agreement of your premises, business parcel, business residence or other real estate.
  • Pieces for explaining the amount of damages.
  • In case you suffer damage due to loss of profit or income:
    1. Certified financial statements and monthly figures for the year in which damage was suffered + the 3 previous years (if applicable).
    2. Corporate or income tax assessments (if applicable) for a period of 3 years prior to the year in which injury was suffered.
    3. The certified financial statements and monthly figures for the past 3 years and the monthly figures for the current year must) have a signature of the management or in case of auditor's report the signature of the auditor.
  • Other documents you consider important to the processing of your application.

Arrange online

Compensation claims for individuals

Compensation claims for businesses

Please note! These forms are not intended for submitting an application for compensation covered by the Compensation Scheme for Cables and Pipelines Municipality of Zoetermeer 2018. For more information on this, please refer to Pipeline Permit (Instemmingsbesluit).

Cost

DescriptionCost
Submitting request for loss compensation€ 300,00

You will only recover these costs if compensation is awarded.

Price changes and typographical errors reserved.

How long will it take?

The processing of the application for compensation takes an average of six months to a year.