Disadvantage compensation concerns a financial allowance for damage arising from legitimate government action in Utrecht. Although the government acts correctly, you as a resident or entrepreneur may suffer disproportionately severe hindrance.
What does disadvantage compensation entail?
Disadvantage compensation revolves around the following aspects:
- Government action that falls within the law (no errors)
- Damage that weighs exceptionally heavily on you
- Damage that exceeds what is normally socially acceptable
Difference with a tort
| Tort | Disadvantage compensation |
|---|---|
| Government makes a mistake | Government acts according to the rules |
| Full compensation of damage | Only the disproportionate part reimbursed |
| Fault must be proven | No fault requirement |
Practical examples in Utrecht
- Loss of turnover due to long-term streetworks in the city centre
- Decrease in value of your house due to an amended zoning plan
- Hindrance due to the construction of new roads or railway lines
Conditions for compensation
To qualify, you must prove:
- That the government has acted lawfully
- That the damage exceeds the normal risk
- That there is a direct link between the action and the damage
- That you could not have foreseen the damage
How much reimbursement can you expect?
The reimbursement does not cover everything:
- Only the part that is considered disproportionate
- The standard societal risk (2-5%) you bear yourself
- In the case of plan damage, an additional threshold amount often applies
Frequently asked questions about disadvantage compensation in Utrecht
What falls under normal societal risk?
This is the degree of hindrance or damage that everyone in society must accept, often between 2-5% of the value of the affected property.
Where can I submit an application in Utrecht?
You submit a request to the competent administrative authority, such as the Municipality of Utrecht or the Province of Utrecht.
How long does an application process take?
The process can vary from a few months to several years, partly due to the involvement of experts for damage assessment.
Additional questions
How do I determine if my damage qualifies?
Damage qualifies if it arises from lawful government action and exceeds the normal risk (2-5%). Examples include income decline due to road closures or loss of real estate value due to zoning changes. Demonstrate that the impact is exceptional and unforeseeable. Contact a lawyer or the municipality for advice.
What are the steps for an application?
Submit a written request to the relevant authority, such as the Municipality of Utrecht. Describe the damage, explain the link to the government action and substantiate why it is disproportionate. Attach evidence, such as financial reports. The authority responds within 8 weeks; if rejected, you can lodge an objection.
Is all damage reimbursed?
No, only the disproportionate portion is compensated. The societal risk (2-5%) remains at your own expense, and in the case of plan damage there are often additional thresholds. Only the excessive part of, for example, a loss in property value is reimbursed.
Can I get compensation for non-material damage?
Disadvantage compensation primarily focuses on financial losses. Emotional or immaterial damage, such as nuisance, rarely qualifies, unless it is financially measurable. In cases of extreme hindrance, you may sometimes apply for specific schemes.
What if my request is rejected?
If rejected, you can object within six weeks to the administrative authority. Explain why you disagree and add any additional evidence. If the objection is rejected, you can go to court, such as the District Court of Midden-Nederland (Vrouwe Justitiaplein 1, Utrecht). A lawyer can assist.
Is there a deadline for submitting an application?
Yes, you have five years from the moment you discover the damage and the cause. For plan damage, a shorter period of one year after the zoning plan comes into effect often applies. Check the rules with the Municipality of Utrecht to avoid loss of rights.
Contact points in Utrecht:
- District Court of Midden-Nederland: Vrouwe Justitiaplein 1
- Juridisch Loket Utrecht: Catharijnesingel 55