Disadvantage compensation
What is it?
If your house or a piece of land becomes worth less because of an environmental plan, you may be eligible for loss compensation. For example, if the municipality constructs a freeway near a residential area. You can then apply for financial compensation from the municipality.
With the introduction of the Environment Act on Jan. 1, 2024, the concept of planning damage has been replaced by compensation for loss.
How does it work?
you may be eligible for loss compensation if::
- Your home 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, two 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
What to do.
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 environmental 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 relief within 5 years after the spatial plan is final.
You pay a fee to file a claim for compensation. You will be reimbursed this amount only if actual compensation is awarded.
What do I need?
To submit a request for loss compensation to the Municipal Executive, using the appropriate application form (established by the Municipal Executive) for loss compensation. This can be obtained from the municipality. A fully completed application form, with the requested appendices, will enable a proper assessment of your request. It is not necessary to provide your request with an appraisal report.
What does it cost?
€ 500,-- this amount will be refunded if the request is decided positively in whole or in part.
How long does it take?
- The procedure for relief takes an average of 1 to 1.5 years.
- If you disagree with the decision, you can object.