Disadvantage compensation concerns reimbursement for damage arising from lawful government action. Although the government acts correctly, you as an individual or business may suffer disproportionately severe disadvantage.
What does disadvantage compensation entail?
Disadvantage compensation relates to:
- Lawful government action (no errors)
- Damage that is disproportionately severe for you
- Damage that exceeds the usual societal risk
Difference with a tort
| Tort | Disadvantage compensation |
|---|---|
| Government makes an error | Government acts according to the rules |
| Full compensation of damage | Compensation for disproportionate damage |
| Fault must be proven | Fault is not required |
Practical examples in Leiden
- Loss of turnover due to extensive roadworks in the city
- Decrease in value of your house due to a changed zoning plan
- Inconvenience due to the construction of new infrastructure in the region
Conditions for an application
To qualify for disadvantage compensation, you must prove:
- That the government has acted lawfully
- That the damage exceeds the normal societal risk
- That there is a direct connection between the action and the damage
- That the damage was not foreseeable (no risk acceptance)
How much reimbursement do you receive?
The reimbursement does not cover all damage:
- Only the part considered disproportionate
- You bear the societal risk (2-5%) yourself
- In case of plan damage, an additional threshold may apply
Frequently asked questions about disadvantage compensation in Leiden
What falls under normal societal risk?
This is the degree of disadvantage that everyone in society can expect, often between 2-5% of the value of a property.
Where do I submit an application?
To the responsible administrative authority, such as the municipality of Leiden or the province of South Holland.
What is the duration of a procedure?
The handling can take several months to years, especially if an expert needs to assess the damage.
Additional information and support in Leiden
For legal assistance, you can go to the Juridisch Loket Leiden, located at Stationsweg 46. For court cases, reference is often made to the District Court of The Hague, Leiden location.
How do I apply for disadvantage compensation in Leiden?
Start with a written request to the municipality of Leiden or the relevant administrative authority. Describe the damage, demonstrate the connection with the government action, and explain why the impact is disproportionate. Attach evidence such as financial documents or valuations. After submission, the authority has 8 weeks to decide. In case of rejection, you can file an objection within 6 weeks.
Is all damage reimbursed?
No, only the part considered disproportionate is reimbursed. The societal risk of 2-5% remains at your own expense, and in case of plan damage, additional conditions may apply.
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