Disadvantage compensation concerns compensation for damage arising from lawful government action in Zoetermeer. Although the government acts correctly, you may experience disproportionately severe hindrance or loss.
What does disadvantage compensation entail?
Disadvantage compensation revolves around the following aspects:
- Government action that is lawful (no errors)
- Damage that weighs disproportionately heavily on you
- Damage that exceeds the usual societal risk
Difference with a tort
| Tort | Disadvantage compensation |
|---|---|
| Government makes an error | Government acts correctly |
| Full damage is compensated | Only disproportionate damage is compensated |
| Attributability is required | No attributability required |
Practical examples in Zoetermeer
- Loss of income due to prolonged street works
- Decrease in value of your home due to a changed zoning plan
- Hindrance due to the construction of new roads or railway lines
Conditions for an application
To qualify for disadvantage compensation, you must prove:
- That the government action was lawful
- That the damage exceeds the normal risk
- That there is a direct connection between the action and the damage
- That you could not have foreseen the damage
How much compensation can you expect?
Not all damage is covered:
- Only the disproportionate part is compensated
- Normal societal risk (between 2-5%) is at your own expense
- In the case of plan damage, a minimum threshold often applies
Frequently asked questions about disadvantage compensation in Zoetermeer
What does normal societal risk mean?
This is the degree of disadvantage that everyone in society must accept, often between 2-5% of the value of an object.
Where can I apply for disadvantage compensation?
Submit your request to the competent administrative authority, such as the municipality of Zoetermeer or the province.
How long does an application procedure take?
The process can take several months to years, often due to the involvement of experts for damage assessment.
Additional questions
Does my damage qualify for compensation?
Damage qualifies if it arises from lawful government action and exceeds the normal risk (2-5%). Examples include financial losses due to road closures or decrease in property value due to zoning plans. Demonstrate that the impact is disproportionate and unforeseeable. Seek advice from a lawyer or the municipality of Zoetermeer.
How do I start an application for disadvantage compensation?
Submit a written request to the competent authority, such as the municipality of Zoetermeer. Describe the damage, explain the connection to the government action, and attach evidence, such as financial reports. The authority responds within 8 weeks; if rejected, you can file an objection.
Is all damage compensated under disadvantage compensation?
No, only the part deemed disproportionate. The standard societal risk (2-5%) remains at your own expense. In the case of plan damage, additional thresholds may apply, so not the full value decrease is covered.
Can I receive compensation for immaterial damage?
Disadvantage compensation primarily focuses on material losses, such as loss of income. Immaterial damage, such as stress or nuisance, rarely qualifies, unless it is financially measurable. In cases of prolonged hindrance, you may sometimes apply for specific arrangements.
What if my application is refused?
If refused, you have 6 weeks to file an objection with the administrative authority. Explain why you disagree and add new evidence. If the objection is rejected, you can go to the District Court of The Hague. A lawyer can improve your chances.
Is there a deadline for applying?
Yes, you have 5 years from becoming aware of the damage to submit a request. For plan damage, a shorter period of 1 year after the new zoning plan often applies. Check the rules with the municipality of Zoetermeer to avoid losing your right.
For legal support, you can contact the Juridisch Loket Zoetermeer or submit a case to the District Court of The Hague.