Plan damage refers to financial loss due to an adjustment in the zoning plan. In Rijswijk, 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 lower value of your house or plot
- Loss of income (for example, for farmers)
Examples of plan damage
| Cause | Impact |
|---|---|
| New construction in your immediate vicinity | Loss of view or privacy |
| Development of an industrial area nearby | Nuisance and loss of value |
| Change in the designation of your land | Limited usage options |
| New infrastructure (such as roads) | Noise and loss of value |
How do you apply for compensation?
- Send a request to the Municipality of Rijswijk
- 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 usual societal risk
- The damage must not have been foreseeable (risk acceptance)
- 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 pursuant to the law
- In case of indirect damage, sometimes 4% or higher
Frequently asked questions about plan damage in Rijswijk
Is the threshold amount refunded?
Yes, if your request is (partially) granted, you will receive the threshold amount back.
What is the deadline for submitting a plan damage claim?
You have 5 years after the definitive establishment of the zoning plan.
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 determine if I am entitled to compensation?
You are entitled if your property or land has decreased in value due to a zoning change, or if you have suffered loss of income. The damage must exceed the societal risk of 2% and must not have been foreseeable. Check if you are within the 5-year period.
What to do if rejected by the Municipality of Rijswijk?
If rejected, you can object within 6 weeks. Follow the instructions in the rejection letter. If your objection is rejected, you can go to the District Court of The Hague. Consider legal advice via the Juridisch Loket Rijswijk.
How is the compensation determined?
The amount of compensation depends on the decrease in value, minus the societal risk (usually 2%). An independent expert compares the situation before and after the change. In case of loss of income, the actual loss is assessed.