Disadvantage compensation concerns reimbursement for damage you suffer due to lawful government action in Westland. Although the government acts correctly, you may experience disproportionate disadvantage.
What does disadvantage compensation entail?
Disadvantage compensation includes the following aspects:
- Lawful government action (no errors)
- Disproportionate damage for you as an individual
- Damage that exceeds the normal societal risk
Difference with unlawful government acts
| Unlawful act | Disadvantage compensation |
|---|---|
| Government makes an error | Government acts in accordance with the rules |
| Full reimbursement of damage | Reimbursement only for disproportionate disadvantage |
| Fault must be proven | No fault requirement |
Practical examples in Westland
- Loss of turnover due to ongoing roadworks in the area
- Decrease in value of your home due to a changed zoning plan
- Inconvenience due to the construction of new roads or infrastructure
Conditions for compensation
To qualify, you must prove:
- That the government has acted lawfully
- That your damage exceeds the normal societal risk
- That there is a direct connection between the action and the damage
- That the damage was not foreseeable (no risk acceptance)
How much reimbursement can you expect?
Not all damage is covered:
- Only the disproportionate part is reimbursed
- The societal risk (2-5%) is at your own expense
- In case of plan damage, a minimum threshold often applies
Frequently asked questions about disadvantage compensation in Westland
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.
Where can I submit an application?
Submit your request to the competent administrative authority, such as the Municipality of Westland.
What is the duration of a procedure?
The processing can vary from a few months to years, often involving the engagement of an expert for damage assessment.
Additional questions
How do I determine if my damage qualifies?
Your damage qualifies if it arises from lawful government action and exceeds the normal risk (2-5%). Examples include loss of income due to infrastructure works or decrease in value of your property due to planning changes. Demonstrate that the damage is exceptional and not foreseeable. Contact a lawyer or the Municipality of Westland for advice.
What are the steps for an application?
Write a request to the competent authority, such as the Municipality of Westland. Describe the damage, the connection to the government action, and why it is disproportionate. Attach evidence, such as financial reports or valuations. You will receive a response within 8 weeks. In case of rejection, you can lodge an objection.
Is all damage reimbursed?
No, only the disproportionate part is compensated. The normal risk (2-5%) remains your responsibility. In case of plan damage, there are often additional thresholds. The reimbursement therefore does not cover the full decrease in value, but only the excessive portion.
Can I receive compensation for non-material damage?
Disadvantage compensation primarily focuses on financial losses. Emotional damage or inconvenience rarely qualifies, unless it can be converted into measurable financial disadvantage. In cases of extreme nuisance, specific regulations may apply.
What if my application is rejected?
In case of rejection, you have 6 weeks to lodge an objection. Explain why you disagree and add any additional evidence. If this is also rejected, you can proceed to the District Court of The Hague. A legal advisor can assist. Be prepared for a lengthy process.
Is there a deadline for submitting an application?
Yes, you have 5 years from becoming aware of the damage and the causing action to submit a request. For plan damage, a shorter period of 1 year after the plan comes into effect often applies. Check the specific rules with the Municipality of Westland.
For legal support, you can contact the Juridisch Loket Westland.