Disadvantage compensation concerns compensation for damage you suffer due to lawful action by the government in Rijswijk. Although the government acts correctly, you suffer disproportionately high disadvantage.
What does disadvantage compensation entail?
Disadvantage compensation revolves around the following aspects:
- Lawful action by the government (no errors)
- Disproportionate damage for you as an individual
- Damage that exceeds the usual societal risk
Difference with unlawful government acts
| Unlawful act | Disadvantage compensation |
|---|---|
| Government makes an error | Government acts correctly |
| Full damage is compensated | Only disproportionate disadvantage is compensated |
| Attributability is required | No attributability required |
Practical examples in Rijswijk
- Loss of income due to prolonged road closures
- Decrease in value of your property due to a changed zoning plan
- Inconvenience due to the construction of new roads or infrastructure
Conditions for disadvantage 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 you could not have foreseen the damage
How much compensation can you expect?
The compensation does not cover all damage:
- Only the disproportionate part is compensated
- The normal 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 Rijswijk
What falls under normal societal risk?
This is the damage that everyone can expect in daily life, often between 2-5% of the value of a good.
Where do I apply for disadvantage compensation in Rijswijk?
With the Municipality of Rijswijk or the responsible administrative body that took the damage-causing decision.
How long does an application process take?
The process can take several months to years, often due to the involvement of a damage expert.
Additional questions
How do I determine if my damage qualifies for compensation?
Your damage qualifies if it arises from lawful government action and exceeds the normal societal risk (2-5%). Examples include financial losses due to construction work or decrease in property value due to zoning plans. Demonstrate that the damage is exceptional and unforeseeable. Contact the Juridisch Loket Rijswijk for advice.
What are the steps for an application in Rijswijk?
Submit a written request to the Municipality of Rijswijk or the relevant administrative body. Describe the damage, the connection to the government action, and why it is disproportionate. Attach evidence such as financial reports. The response period is generally 8 weeks. In case of rejection, you can file an objection.
Is all damage compensated?
No, only the disproportionate part above the societal risk (2-5%) is compensated. In case of plan damage, additional thresholds may apply. This means that not the full decrease in value of your property is covered, but only the excessive part.