Plan damage refers to the damage you suffer due to an adjustment in the zoning plan. In Leiden, you can apply for compensation from the municipality.
What does plan damage entail?
Plan damage occurs when an amendment to the zoning plan results in:
- A decrease in the value of your home or property
- Loss of income (for example, for farmers)
Practical examples
| Cause | Effect |
|---|---|
| New homes next to your house | Loss of view or privacy |
| Development of an industrial area nearby | Nuisance and decrease in value |
| Change in the designation of your land | Limited usage options |
| Construction of infrastructure (such as roads or rail) | Noise nuisance and value loss |
How do you apply for plan damage in Leiden?
- Send your application to the Municipality of Leiden
- Pay the threshold fee (often around € 300)
- An independent expert assesses your request
- The municipality makes a decision on your application
Criteria for compensation
- The damage must exceed the usual societal risk
- The damage must not have been foreseeable (risk acceptance)
- The damage is not covered or compensated in another way
Societal risk
A portion of the damage is at your own expense:
- At least 2% of the value of the real property pursuant to the law
- In case of indirect damage, this may amount to 4% or higher
Frequently asked questions about plan damage in Leiden
Is the threshold amount refunded?
Yes, if your application is (partly) approved, you will receive the threshold amount back.
What is the deadline for submitting a plan damage claim?
You have 5 years after the irrevocable establishment of the zoning plan.
What if I disagree with the municipality's decision?
You can file an objection with the Municipality of Leiden and subsequently appeal to the District Court of The Hague, Leiden location.
Additional information and assistance in Leiden
For legal advice, you can go to the Juridisch Loket Leiden, located at Stationsweg 46. They can assist you with submitting an application or filing an objection.
Frequently asked questions (extended)
How do I know if I am entitled to plan damage compensation?
You may qualify if your home or land has decreased in value due to a zoning plan amendment, or if you have suffered income loss. The damage must exceed the normal societal risk (at least 2%) and must not have been foreseeable. Check if the amendment has an impact and if you are within the 5-year period.
What to do if my application is rejected by the Municipality of Leiden?
In case of rejection, you can file an objection with the municipality within 6 weeks. Follow the instructions in the rejection letter. If your objection is rejected, you can lodge an appeal with the District Court of The Hague, Leiden location. Legal assistance, for example via the Juridisch Loket Leiden, can be useful.
How is the amount of compensation determined?
The compensation is determined based on the decrease in value of your property, minus the societal risk (often 2%). An expert compares the value before and after the amendment. In case of income loss, the actual loss is considered, possibly with additional factors such as nuisance.