Compensation for loss resulting from administrative acts (planning blight)

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The value of your immovable Real Estate depends on the environment and the possibilities for use of your land. And these can both change. This can happen, for example, when the environmental plan (formerly the ‘zoning plan’) that applies to your Real Estate changes, or if new construction takes place in the vicinity of your Real Estate. If this reduces the value of your Real Estate, you may be entitled to compensation.

Direct and indirect losses

A distinction is made between direct losses and indirect losses. A direct loss is the loss you suffer because the possibilities for use of your immovable property are curtailed. Indirect loss is caused by changes in the environment around your property.

The Environment and Planning Act

Before the introduction of the Environment and Planning Act, compensation for indirect losses could be claimed the moment the zoning plan changed. With the introduction of the Environment and Planning Act, this has changed; compensation for indirect losses can now only be claimed when actual construction takes place. This involves comparing the construction and possibilities for use that were there before and those in the new situation. This requires a precise investigation that our specialists can help you with.

What we do

If a government authority refuses compensation or sets it too low, you can take that decision to court. The lawyers at Kienhuis Legal will assist you in this regard. You can also count on our specialists when the government refuses to award compensation for losses suffered, on the grounds of alleged active or passive risk acceptance, and when there are discussions about what falls under ‘normal social risk’.

If you have questions about the compensation for loss resulting from administrative acts, or need legal support when applying for or challenging a permit, please contact us.