Plan damage refers to financial damage caused by an adjustment in the zoning plan. In Utrecht, you can apply for compensation from the municipality.
What does plan damage entail?
Plan damage occurs when a change in the zoning plan results in:
- A decrease in the value of your house or plot
- Loss of income (for example, for farmers)
Practical examples
| Cause | Impact |
|---|---|
| New homes next to your house | Loss of view or privacy |
| Industrial area nearby | Nuisance and loss of value |
| Zoning change of your land | Limited usage options |
| Construction of roads or railway lines | Noise nuisance and loss of value |
How do you apply for plan damage?
- Send a request to the Municipality of Utrecht
- Pay the threshold costs (often € 300)
- An expert investigates your claim
- The municipality decides on your application
Conditions for compensation
- The damage must exceed the normal societal risk
- The damage must not have been foreseeable (risk acceptance)
- The damage is not covered or compensated in another way
Normal societal risk in Utrecht
A portion of the damage is at your own expense:
- At least 2% of the property value according to the law
- For indirect damage sometimes 4% or higher
Frequently asked questions about plan damage in Utrecht
Is the threshold amount refunded?
Yes, if (partially) granted, you will receive the threshold amount back.
What is the deadline for submitting a plan damage request?
You have 5 years after the zoning plan becomes definitive.
What if I disagree with the decision?
You can file an objection with the municipality and then appeal to the District Court of Midden-Nederland, Vrouwe Justitiaplein 1, Utrecht.
Additional questions and answers
How do I know if I am entitled to plan damage compensation?
You may be entitled if your home or land has lost value due to a zoning plan amendment or if you have suffered income loss. The damage must exceed the normal risk (at least 2%) and must not have been foreseeable. Check if you are within the 5-year period.
What to do if my claim is rejected?
If rejected, you can object within 6 weeks to the Municipality of Utrecht. Follow the instructions in the letter. If the objection is rejected, you can go to the District Court of Midden-Nederland. Consider legal advice via the Juridisch Loket Utrecht, Catharijnesingel 55.
How is the amount of compensation determined?
The compensation depends on the value decrease minus the societal risk (often 2%). An independent expert compares the situation before and after the change. For income loss, the actual loss is assessed.