Residential destination and your rights - Legal aid centre

Questioner

Can the municipality remove a property from its zoning plan without the owner's permission?

Lawyer

Yes, that is possible. Of course, your damage in the context of planning damage and/or expropriation will have to be compensated.

Lawyer

Yes, in the event of a general revision of the zoning plan, the municipality does not need to inform the owner and/or user personally, nor does it need to ask for their permission. Of course, the zoning plan and specifically the destination of your property must provide for proper spatial planning. In other words, is the destination data appropriate and fair. This cannot be indicated without proper research. It is of course important that you defend yourself against the plan in a timely manner. The moments when a defense can be filed are announced in the municipal section of the local newspaper. If the procedure and thus the possibilities of defense have already expired, your home could be brought under the transitional law. In addition, there is of course the possibility of planning damage. If you have any further questions, please contact me by phone or email.

Lawyer

As stated above, a municipality can indeed do that. I hope you discovered this at an early stage of the procedure, otherwise it might be too late to do anything about it. Then the only thing left might be a claim for planning damage. I'm always willing to take a look at this.