Plan damage

What is it?

Planning damage occurs when your house or a piece of land becomes worth less due to the realization of a spatial plan in its vicinity. For example, if the municipality constructs a freeway near your home. You can request financial compensation from the municipality. This is called a 'request for compensation for planning damage'.

How does it work?

Requirements

The following Requirements apply to filing a request for planning compensation:

  • You could not have foreseen the damage when you became the owner of your home or land
  • You are the owner and you have suffered damages. ( (Tenants cannot claim plan damages)
  • You have not already received compensation for damages in another way.
  • You apply for compensation within five years after the spatial plan becomes irrevocable

What to do.

You request compensation for planning damage from the municipality.

 Please indicate the following in your request:

  • Why you are requesting relief
  • How much allowance you want
  • By what spatial plan the damage occurred. (For example, by a zoning plan that or by an environmental permit that allowed a new building in the area)
  • A description of the damages you have suffered as a result of this development
  • The damage amount
  • In case of damage to real estate: the cadastral number of your property
  • Your bank account number

Notice:

An application for compensation for planning damage must be filed within five years from the time the damaging plan became irrevocable.

Notice:

Damage that falls within the so-called 'normal social risk' is borne by the applicant for compensation for planning damage.
This 'normal social risk' usually amounts to somewhere between 2% and 5% of the value of your immovable property. Damage up to this amount is always for your own account.

What does filing a request cost?

To process a request for compensation for planning damage, you must pay a fee to the municipality. The law calls this a 'right' to be paid.
The 'duty' payable by you is €300. The amount can be increased or decreased by the municipal council. It can also be changed insofar as the price index figure for family consumption gives cause to do so.

The municipality must legally request this amount from you. 

You will receive the amount back if all or part of your request is approved. If your request is denied, you will lose the "right" you paid.

Dues Ordinance 2023

What do I need?

  • A valid passport or ID card
  • Proof of ownership of your property, showing when you became the owner of your house or land
  • Written evidence or photographs, which support your claim

How long does it take?

The procedure for obtaining compensation for planning damage often takes 1 to 1.5 years.

Additional information

Procedure for advising on compensation for planning damage (pdf, 49 kB)

Applying for planning compensation

Objecting

If you disagree with the decision on your planning request, you can appeal it.