Compensation for loss resulting from government decisions

Damages for lawful government actions

Not every damage caused by the government is unlawful. Nevertheless, under certain circumstances, such damage can still qualify for compensation. This occurs through the instrument of compensation for disadvantages. This scheme provides a form of compensation to citizens or businesses that are disproportionately disadvantaged, while the government acted within its legal powers. 

When is compensation for disadvantages applicable? 

Compensation for disadvantages applies in situations where the government acts lawfully, for example, in the construction of infrastructure or the implementation of environmental measures, but where this action still leads to harm to a third party. Consider: 

• Loss of income due to prolonged closure of an access road; 
• Decline in property value due to a change in zoning; 
• Reduced accessibility of a retail property due to the redesign of public space. 

The key question is whether the aggrieved party suffers damage that weighs more heavily than would reasonably be expected, given the public interest of the project. If that is the case, compensation may be appropriate. 

Our expertise 

Our specialists advise governments, businesses, and individuals on: 

• Drafting or reviewing compensation for disadvantages schemes; 
• Requesting or processing claims for damages; 
• Establishing causal relationships and assessing the amount of damages; 
• Conducting objection and (appeal) procedures in case of rejection or disputes.

In large-scale spatial projects, such as area development, infrastructure, or environmental measures, we assist both public and private parties in the strategic application or assessment of compensation for disadvantages. 

Ensuring a balance between public and individual interest 

Compensation for disadvantages is an important tool to maintain support for public interventions. At the same time, it offers those adversely affected a real chance of recovering damages. We ensure that you are legally and strategically strong on both sides of the playing field. 

Are you wondering if you qualify for compensation for disadvantages or are you faced with a request? Then contact our specialists for clear and practical advice.