Verordening nadeelcompensatie gemeente Zwartewaterland 2022 – Municipal Damage Compensation Ordinance
The Verordening nadeelcompensatie gemeente Zwartewaterland 2022 is a municipal ordinance established by the Gemeente Zwartewaterland in the Netherlands. Issued by the municipal council, this regulation provides the legal framework for compensation claims arising from lawful government actions. It was developed in conjunction with the implementation of the Omgevingswet (Environment Act) and functions under the broader authority of Title 4.5 of the Algemene wet bestuursrecht (General Administrative Law Act) and Section 15.1 of the Omgevingswet. This document replaces the previous Procedureverordening voor advisering tegemoetkoming in planschade.
The scope of the ordinance covers nadeelcompensatie (disadvantage compensation), a broader category than the traditional planschade (planning blight). It applies to damages such as income loss or property value depreciation resulting from lawful administrative decisions or factual government acts. The regulation outlines the application process via electronic forms, the administrative fees for processing claims, and the conditions under which an independent adviescommissie (advisory commission) must be consulted. It includes specific provisions for structural elements such as Article 4:126 Awb and specific requirements for financial documentation in cases of profit loss or rental income reduction.
The following sections detail the administrative thresholds, procedural steps, and financial requirements for submitting a claim for compensation within the municipality.
Scope and Legal Framework
The ordinance governs requests for compensation for damages as defined in Article 4:126, first paragraph, of the Algemene wet bestuursrecht. It applies specifically to instances where an applicant claims damage caused by the lawful exercise of a public law power or task by the municipality.
- Omgevingswet: The regulation is integrated into the temporary part of the Omgevingsplan.
- Nadeelcompensatie: Includes both planning-related damages and damages from other lawful government actions.
- Exceptions: The ordinance does not apply to compensation claims governed by a specific separate regulation.
Application Requirements and Fees
To initiate a claim, applicants must use a designated electronic form provided by the administrative body. Specific financial documentation is required depending on the nature of the claim to ensure a thorough assessment.
- Heffen recht: A fixed fee of €300 is charged for processing a compensation request.
- Income Loss: Applicants must provide annual accounts for the year of the damage and the three preceding years, including tax assessments.
- Rental Loss: Claims regarding lost rental income require copies of rental or usage agreements and proof of ownership.
The application fee is refunded if the municipality grants the compensation claim in full or in part.
Advisory Commission and Thresholds
The municipality may seek advice from an adviescommissie or external expert. However, there are specific financial thresholds below which an advisory body is generally not consulted unless deemed necessary by the administrative body.
- Individual Threshold: No advice is sought if the claimed damage is less than €500 for private individuals.
- Business Threshold: No advice is sought if the claimed damage is less than €1,000 for commercial entities.
- Commission Composition: An advisory commission consists of one or more experts and can be appointed for a fixed term of up to four years.
Payment and Advanced Funds
Provisions are in place for the disbursement of compensation and the possibility of receiving funds before a final decision is reached.
- Voorschot: The administrative body may grant an advance payment on the compensation if liability is reasonably established.
- Uitbetaling: Compensation is paid within four weeks of the final decision on the application.
- Withdrawal: The Procedureverordening voor advisering tegemoetkoming in planschade Zwartewaterland 2005 is formally withdrawn upon the enactment of this ordinance.
Frequently Asked Questions
What is the fee for submitting a compensation claim in Zwartewaterland?
The municipality charges a fixed fee of €300 for processing an application for compensation under this ordinance.
Is the application fee refundable?
Yes, the €300 fee is refunded to the applicant if the compensation claim is granted, whether in full or in part.
When is an external advisory commission required for a claim?
An advisory commission is typically consulted for claims exceeding €500 for private individuals or €1,000 for businesses, unless the claim is clearly unfounded.
Can I receive an advance payment on my compensation?
Yes, according to Article 7, the administrative body can grant an advance payment if there is a reasonable expectation that compensation will be awarded.
How must a claim for compensation be submitted?
Claims must be submitted using a specific electronic form established by the administrative body of the Gemeente Zwartewaterland.
What documentation is needed for a claim involving loss of profit?
Applicants must submit annual accounts for the year the damage occurred and the three preceding years, along with relevant corporate or income tax assessments.
