Compensation for loss (formerly plan damage)

How does it work?

Disadvantage compensation can arise in several ways, for example:

• an environmental permit or refusal thereof
• a rule in the environmental plan, water board ordinance or environmental regulation
• a custom regulation

Compensation Requirements

The damage must be reasonably attributable to the cause of damage. The damage must:

• are the direct result of a the decision or action. For example, the construction of a home or the construction of a road.
• result from the actual performance of the activity. For example, a temporary road closure.
• result of the activity, which only becomes apparent later. For example, damage from groundwater extraction may reveal itself years later.

There is no right to compensation for damages through loss compensation if compensation is insured by other means. Intangible damage, such as loss of residential enjoyment, is also not eligible for compensation.  

When the value of a property decreases, there is a so-called normal social risk of 4%. This means that 4% of the compensation to be paid out is at your own risk. 

What to do.

You request compensation from the municipality. We call this disadvantage compensation. Indicate the following in your application:

• why you are requesting relief
• how much relief you want
• by which spatial plan the damage occurred (e.g., the zoning plan)
• a description of the damage
• the loss amount
• in case of damage to an immovable property: cadastral number
• your bank account number

Please note that you must apply for the allowance within 5 years after the spatial plan is final.

You pay a fee to file a claim for compensation. You will be reimbursed the amount only if actual compensation is awarded.

How long does it take?

• The procedure for relief takes an average of 1 to 1.5 years.
• If you disagree with the decision, you can object.