Plan damage

Plan damage is damage caused by a spatial plan. This can be a zoning plan, but other spatial plans can also cause damage. Plan damage can also be caused by an environmental permit that deviates from a zoning plan.

Is an area being rezoned? If so, it could cause harm to you because your home or business becomes worth less. For example, if a plan stipulates a residential zoning on a piece of grassland, this could cause damage to surrounding homes.

Is this the case with you? Then you can ask the municipality for compensation for this planning damage.

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

  1. Future damages (e.g., sales loss and/or income loss) may possibly be eligible for compensation.
  2. Was the damage foreseeable at the time of purchase or occupancy of the property? Or did you not take advantage of existing construction opportunities that are now being eliminated? If so, you are probably not entitled to compensation.
  3. Entitlement to full compensation for damages suffered is not always possible. Some things fall under normal social risks. A deduction is then made. 
  4. These must be damages that have not already been compensated in some other way.

What to consider?

  • There are costs associated with submitting a request for planning damage (see 'What does it cost'). You will only receive the amount back if actual planning damage is awarded.
  • There is a 5-year statute of limitations after a new zoning plan goes into effect. So submit your request in a timely manner.
  • If the depreciation is less than 2% of the value of the property, it is not eligible for reimbursement (excess).
  • You must properly justify the request. In your request, you must answer the questions below:  
    • By what plan or permit do you think you will be harmed? 
    • What is causing you harm? 
    • What does the damage consist of? 
    • How great is the depreciation? 
    • Do you have an appraisal report? 

Procedure

  1. The college will not decide on your request until the planning amendment is untouchable. That is, the City Council has adopted the zoning plan and no appeal has been filed. Has the zoning plan been appealed? Then you must wait for the Council of State's ruling on the appeal.
  2. The municipality has a procedural regulation on compensation for planning damage. Requests are handled according to this regulation.
  3. Your request will be considered by an independent committee to assess the damage.
  4. This committee will give you the opportunity to explain or supplement your request. The committee will make a report of this.
  5. The committee prepares an opinion.
  6. The college decides on the basis of this advice.
  7. Do you disagree with the decision? Then you can file a notice of objection.
  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 to appraise the value of your home).

What to do?

You send your request for planning damages by mail to:

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

Costs

DescriptionCosts
Submit request for plan damage

You will only recover these costs if plan damages are awarded.

Price changes and typographical errors reserved.

How long will it take?

The planning damage procedure takes an average of six months to a year.