Disadvantage compensation

Disadvantage compensation is about compensating damage as a result of a government decision. A decision by the municipality can lead to damage for you or your company. 

Examples of decisions or activities that could cause you to suffer damage are:

  • The execution of road works that temporarily make your company inaccessible or less accessible. 
  • A traffic decision that means a road may no longer be used by car traffic.
  • Granting an event permit, which means your company is temporarily less accessible.
  • A change to the environmental plan, which limits the use of your land.
  • Granting an environmental permit, which allows more construction or a different function to be implemented on someone else's land near your home.

According to the Environmental Act, in some cases damage only occurs if the environmental permit for the activity has been granted. The latter does not apply if the damage is caused by the establishment of an environmental plan based on the Spatial Planning Act.

What you need to know

The damage may include, among other things, the reduction in value of real estate due to:

  • restriction of living enjoyment
  • restriction of privacy
  • restriction of unobstructed view
  • shadow effect due to nearby buildings
  • traffic and parking nuisance
  • reduced accessibility
  • loss of income

Special conditions

Future damages (for example loss of turnover and/or loss of income) may be eligible for compensation.

The right to full compensation for damage suffered is not always possible. Some damage falls under the normal social risk. This damage therefore falls under a type of deductible. This applies, for example, to damage resulting from changing the environmental plan or granting an environmental permit. 

If a change to the environmental plan or environmental permit relates to land that is outside your plot, a deductible of a depreciation of 4% of the value of the property (such as a house or a plot of land) applies. 

Damage claims relating to a zoning plan still fall under the old law of the Spatial Planning Act. For these cases, the deductible amounts to at least 2% of the value of the property (with a maximum of 5%).

What should you take into account?

  • You will pay costs for submitting a claim for compensation. You will only get the amount back if compensation is actually awarded.
  • There is a limitation period of 5 years after the decision that caused the damage (change to the environmental plan or granting of the environmental permit) has come into effect. So submit your application on time.

Procedure

  1. The board will only decide on your request once the municipal council has amended the environmental plan or the board has granted the environmental permit and the decision has also entered into force.
  2. The municipality has a Regulation on compensation for disadvantages in Zoetermeer 2022 Applications will be processed in accordance with this scheme.
  3. If necessary, your application will be handled by an independent advisor who will assess the damage.
  4. The advisor will give you the opportunity to explain or supplement your application. 
  5. The advisor draws up an opinion.
  6. The board will decide on your request.
  7. Do you disagree with the decision? You can file an objection .
  8. You may be entitled to a contribution towards the costs you have incurred for expert assistance (for example, the costs of an estate agent/appraiser to assess the value of your home). 

What to do?

Have you suffered damage as a result of a decision by the municipality? Then you can submit a request for compensation to the municipality. You can use the online form for this (see ' Arrange online '). Would you rather submit your application on paper? Then call 14 079 . We will then send you the form.

In the form you indicate:

  • Why you think you have suffered damage.
  • What caused the damage.
  • Which decision or measure caused your damage.
  • What the damage consists of.
  • What the amount of damages is that you want to be compensated for (including an appraisal).

Send by post?

Please send an application by post to:

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

Send with your application

We ask you to send the following information with your application. Make sure you have these documents (digitally) ready before you fill in the online form. Are you sending your application by post? Then send a copy of the attachments.

Sending with an application by private individuals

  • A document showing that you have authorised the named 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, tenancy agreement or user agreement of your home or property.
  • Documents to explain the extent of the damages.
  • Other documents that you consider important for the processing of your application.

Sending with an application by companies

  • Extract from the Chamber of Commerce.
  • A document proving that you have authorised 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 tenancy agreement or user agreement of your business premises, business premises, company home or other immovable property.
  • Documents to explain the extent of the damages.
  • In the event you suffer damage as a result of loss of profit or income:
    1. Certified annual accounts and monthly figures for the year in which the damage was suffered + the 3 previous years (if applicable).
    2. The corporate tax or income tax assessments (if applicable) for a period of 3 years prior to the year in which the damage was suffered.
    3. The certified annual accounts and monthly figures of the past 3 years and the monthly figures of the current year must have a signature of the management or, in the case of an accountant's report, the signature of the accountant.
  • Other documents that you consider important for the processing of your application.

Arrange online

Applying for compensation for disadvantages for private individuals

Applying for compensation for disadvantages for companies

Please note! These forms are not intended for submitting an application for compensation that falls under the Disadvantage Compensation Scheme for Cables and Pipelines in the Municipality of Zoetermeer 2018. For more information about this, see Pipeline Permit (Approval Decision) .

Costs

DescriptionCosts
Submit a request for compensation for damages€300.00

You will only be reimbursed for these costs if compensation is awarded.

Price changes and typographical errors reserved.

How long will it take?

The processing of the claim for compensation takes on average six months to a year.