Damages and compensation
Can I report damage caused by this project?
The aim is to prevent damage as much as possible. Have you suffered damage as a result of work that was not carried out properly or due to the use of water storage? If so, please contact the water board or report your damage via Submit a damage claim | Noorderzijlvest Water Board.
What is compensation for disadvantages?
Sometimes the government carries out work, such as building a road or changing regulations. This is permitted by law, but it can cause damage to citizens or businesses. For example, if your home or land loses value or if you suffer a loss of income as a result of the project.
You can receive compensation if:
- The damage falls outside the normal social risk. This risk means that a percentage of 4% is at your own expense. There is therefore a threshold of 4% of the value of your house or land. Only if the damage exceeds this amount can you possibly receive compensation.
- The damage affects you more severely than others in the same situation.
The damage was unforeseeable
More information and a form for submitting a claim for compensation can be found here:Claiming compensation | Noorderzijlvest Water Authority
Who handles damage claims?
- You can submit a request for compensation for damages to the Provincial Executive of Drenthe.
- You can submit a claim for compensation for damage caused by the construction or use of the water storage facility to the Noorderzijlvest Water Authority.
What is a duty to tolerate, and can you get compensation for it?
Landowners in a water storage area have a duty of tolerance. This means that they must accept that their land may flood or temporarily retain water. This is a legal obligation.
Only damage caused by controlled flooding is eligible for compensation. This compensation only applies if the damage exceeds the normal social risk. Is that the case? Then the policy rule of the Noorderzijlvest Water Authority applies:
- landowner is entitled to full compensation
- There is a reverse burden of proof: the landowner does not have to prove that damage was caused by flooding.
Is an owner with land adjacent to the water storage area entitled to compensation in the event of flooding?
If your land is located in a water storage area, you must accept that it may sometimes flood or be subject to water damage. This is a legal requirement and is referred to as the 'duty to tolerate'. Each time this happens, you are entitled to compensation. This is called compensation for damage.
Is your land located outside the water storage area? Then the obligation to tolerate does not apply. You do not have to accept flooding and are not entitled to compensation for damage. The water board tries to prevent or limit problems outside the storage area. If flooding does occur, the water board can take measures. Discussions will also be held with landowners about how any damage will be dealt with.