Damage from Zoning Plan Amendments in Den Haag

In Den Haag, as a resident, you can claim financial compensation for damage caused by changes to the zoning plan of the Municipality of Den Haag. This type of plan damage often reduces the value of your home or property in areas like the Binckhorst or Schilderswijk. Learn how to apply for compensation from the municipality.

What is it about in Den Haag?

The zoning plan determines what is permitted on plots in Den Haag: residential, offices, or green spaces. A change by the Municipality of Den Haag can affect adjacent land. Zoning plan amendment damage occurs when your property value decreases or construction plans fail, such as with a new industrial area near your home. This is a specific form of plan damage, focused on planning decisions rather than buildings.

Typical Den Haag cases: a shift to commercial space near Zuiderpark or stricter building standards in the city center, blocking your extension.

Legal basis

The foundation is in the Spatial Planning Act (Wro), article 6.1, for damage from the physical effects of zoning plan changes by the Municipality of Den Haag. After the Environment and Planning Act (from 1 January 2024), articles 4.94 to 5.10 apply, with the same principles. Procedure via Bro, and the hardship clause (article 4.100 Environment and Planning Act) provides 50% compensation for late objections.

Supreme Court rulings such as ECLI:NL:HR:2013:CA2459 state that only damage that is not normally socially foreseeable qualifies.

When can you claim in Den Haag?

Compensation if:

The Municipality of Den Haag amends the zoning plan.
Your financial loss (property value decline, from 2% threshold, article 6.2 Wro).
Damage from physical effects, such as reduced building options.
Deviation from the previous planning standard.

Two types of plan damage:

Category	Description	Compensation
Normally foreseeable	Expected impact of the change.	None (except hardship clause).
Unforeseeable	Unexpected plan change.	Full.

Den Haag examples

Example 1: Plot next to your home on Laan van Wateringsveld changes from residential to industrial. Value drops €25,000 due to traffic; claim 100% if unforeseeable.

Example 2: Plan change blocks your dormer window in Segbroek. Prove with valuations.

Your rights and obligations

Rights:

Submit a plan damage claim to the Municipality of Den Haag within 5 years (article 6.7 Wro).
Free valuation via the municipality or your own expert.
Objection/appeal via the General Administrative Law Act.

Obligations:

Valuation reports before/after the change.
2% deductible.
Objection within 12 weeks for hardship clause.

Step-by-step guide for Den Haag

1. Submit: Letter with details and evidence to the Municipality of Den Haag.
2. Assessment: Decision within 18 weeks.
3. Objection: Within 6 weeks to the municipal council of Den Haag.
4. Appeal: Den Haag District Court, then Council of State.
5. Payment: Within 30 weeks of final ruling.

FAQs about Den Haag

Do I need to challenge the plan immediately?

Not required for plan damage, but prior knowledge results in 50% reduction via hardship clause (article 6.3 Wro).

Proof of damage?

Two valuations: before/after. The Municipality of Den Haag often arranges a free valuer.

Impact of the Environment and Planning Act?

Same rules (4.94 et seq.). Check transitional law for pre-2024 cases.

Reimbursement of costs?

Yes, if successful: lawyer (€750+) and court fee (€26).

Tips for Den Haag residents

- Document: Save plan notices and photos.
- Expert: Valuer or administrative law lawyer for better chances.
- Check: On ruimtelijkeplannen.nl or denhaag.nl/omgevingsloket.
- Advice: Start at Juridisch Loket Den Haag for free intake.

Want to know more? Visit the Municipality of Den Haag website or Den Haag District Court.

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