Plan damage refers to the financial damage you suffer due to an adjustment in the zoning plan. In Zoetermeer, you can apply for compensation from the municipality.
What is plan damage?
Plan damage occurs when a change in the zoning plan results in:
- A decrease in the value of your property or land
- Loss of income (for example, for farmers)
Examples of plan damage
| Cause | Effect |
|---|---|
| New housing construction near your property | Loss of view or privacy |
| Development of an industrial area nearby | Nuisance and loss in value |
| Change in designation of your land | More limited usage options |
| Construction of infrastructure (such as roads) | Noise nuisance and loss in value |
How do you apply for plan damage?
- Submit a request to the Municipality of Zoetermeer
- Pay the threshold costs (often around € 300)
- An expert assesses your situation
- The municipality decides on your application
Conditions for compensation
- The damage must exceed the standard societal risk
- The damage must not have been foreseeable
- The damage is not covered or compensated in another way
Societal risk
A portion of the damage is at your own expense:
- At least 2% of the value of the real property (statutory)
- For indirect damage sometimes 4% or higher
Frequently asked questions about plan damage in Zoetermeer
Is the threshold amount refunded?
Yes, if your request is (partially) granted, you will receive the threshold amount back.
What is the time limit to claim plan damage?
You have 5 years after the zoning plan becomes definitive to submit an application.
What if I disagree with the decision?
You can file an objection with the municipality and then appeal to the District Court of The Hague.
Additional questions about plan damage
How do I know if I am entitled to compensation?
You qualify if a zoning plan amendment decreases the value of your property or if you have loss of income. The damage must exceed the normal societal risk (at least 2%) and must not have been foreseeable. Check if the change has an impact and if you are within the 5-year period.
What to do if my claim is rejected?
If rejected, you can object within 6 weeks to the Municipality of Zoetermeer. Follow the instructions in the letter. If the objection is rejected, you can go to the District Court of The Hague. Consider legal advice via the Juridisch Loket Zoetermeer.
How is the compensation determined?
The amount of compensation depends on the loss in value minus the societal risk (often 2%). An expert compares the value before and after the change. For loss of income, the actual loss is calculated, sometimes with additional factors such as nuisance.