Claim for planning damage? Discover your options


Questioner

We currently live with an unobstructed view. There are plans for us to expand the supermarket, which will reduce our view by more than 70%. Can we claim planning damage? The municipality has included the following in the zoning plan: The conclusion is then drawn that the expansion is expected to cause limited damage, which is not eligible for compensation under Article 49 WRO. However, we believe that we can indeed claim this, given the fact that our view will be severely limited and the value of our house will therefore decrease considerably.

Lawyer

Depending on the circumstances of the case, you can certainly claim compensation for planning damage. I am happy to help you.

Lawyer

The question is difficult to answer in general. With such a disruption of your view, there is a chance that you can claim compensation for planning damage. A comparison must be made in detail between the old and the new situation. My advice is to get help to answer the question. There are often law firms that provide free advice. But there are also consultancy firms that can assist you with this. They often also provide free initial advice or even handle the entire issue on a no rslut no pay basis. By the way, in the Netherlands you don't become a millionaire from planning damage compensation. Experience shows that most people are very disappointed with the determined damage amount

Lawyer

I can fully agree with the above answers. You do have to pay a personal contribution for the petition that the municipality is handling. If you are not awarded planning damage, the contribution remains at your own expense. That element is still missing. My experience does show that considerable amounts are also awarded in the event of a reduction in the view.

Lawyer

I agree with the above answers. Often, agreements have already been made in the agreement between the municipality and the project developer/operator about planning damage claims. The municipality can provide more information about this. The award and amount of planning damage is very dependent on the local situation and the 'damage' that you suffer in relation to the new construction. It is possible that you will be awarded different planning damage than your neighbour (in the event of an award, because that cannot be said with certainty).

Lawyer

This also depends on whether this change in the zoning plan was already known when you bought the house. Only if this is not the case do you run a risk of planning damage. You could also ask a real estate agent for a valuation to see if it can be demonstrated that the value of your house has decreased to such an extent that it is worth taking legal action against the municipality. You can then use this valuation immediately for a possible request to lower your WOZ value. But Mr Martens is right, often the financial damage is much lower than let me call it the emotional damage/value.

Lawyer

For compensation for planning damage, it is not the change in the construction that is important, but a comparison between what was allowed under the previous planning regime (maximum implementation of old zoning plan) and the new planning situation (maximum implementation of new zoning plan). In addition, a threshold of 2% deductible applies. In addition, it is required that the zoning plan change was not foreseeable at the time you bought your home, and the changed implementation of the plot opposite you must also not have been in line with expectations. If you apply for planning damage, you must fill out an application form and pay fees that vary from 100 to 500 euros. It is true that there are agencies that have specialized in planning damage and that are willing to handle your case on a no cure, no pay basis. Good luck!

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