Compensation for disadvantages

HHNK makes many decisions that affect the interests of others. These may be decisions about improvement works, such as dyke reinforcement, but also about daily maintenance of ditches and flood defenses. This may result in damage to your property. You are eligible for compensation if the damage cannot reasonably be considered to be wholly or partly your responsibility.

Terms and Conditions

Acting lawfully

Only damage caused by lawful actions by the water board is eligible for compensation. This means that the work must be related to the performance of our statutory duties. Requests for compensation are handled in accordance with the rules of administrative law and the HHNK Compensation Regulation 2023.

Compensation for damages is not applicable if the damage was caused by unlawful actions on the part of the water board (i.e., if we did something wrong or failed to do something). In that case, you can file a claim for damages due to unlawful acts. This will then be handled in accordance with the rules of civil law. For more information, see the page Filing a claim for damages.

Disproportionate disadvantage

When compensating for disadvantages, we only reimburse disproportionate disadvantages (compared to the damage suffered by others). After all, we work in the public interest. The measures we take sometimes entail (temporary) disadvantages, in addition to the benefits for society. For example, work on a flood defense may temporarily reduce accessibility. But ultimately, that work will result in a better or safer situation.

Risk acceptance

Another condition is that you could not have foreseen the damage in advance. Anyone who is (partly) responsible for the damage cannot claim compensation, or can only claim partial compensation. If you invest in activities when you could have known that they would no longer be possible in that form, compensation for that investment is usually excluded. This is called active risk acceptance. You are also obliged to take measures to limit the damage as much as possible. We also have that obligation, of course.

Even if the amount of damage is small (so-called minor damage) or if there is no causal link between the damage and the lawful actions of the water board, the request will be declared unfounded.

How do I apply for compensation for damages?

You can submit a claim for compensation to the water board either digitally (using the form) or in writing. This must be done as soon as possible after the decision that caused the damage was taken or the work was carried out. If the damage only occurs afterwards, you must submit the claim as soon as possible after you have discovered the damage. The claim must meet a number of requirements and must at least contain:

• name and address of the applicant;
• date stamp;
• an indication of the event or decision causing the damage;
• the date on which you became aware of both the damage and the fact that the water board is responsible for it;
• a statement of the nature of the damage suffered or to be suffered;
• (to the extent reasonably possible) the amount of the damage and a specification thereof;
• statement of facts that led to the damage;
• if the damage concerns loss of profit or income: annual accounts for the year in which the damage was suffered and, if available, for the three preceding years, and the corporate income tax or income tax assessments;
• if the damage concerns lost rental income: a copy of the rental agreement or usage agreement and a title deed;
• All other available data and documents that are necessary for a decision on the application and that you can reasonably obtain.
• The applicant's International Bank Account Number (IBAN).

Online

Apply for your compensation for disadvantage using the digital form.

Apply for compensation for damages 

By letter

If you submit your application by mail, please address it to: 

Hollands Noorderkwartier Water Board
Attn: Legal Affairs Cluster
Postbus , 1700 AG Heerhugowaard.

After your request

The water board will check whether your application is complete. It may be that they require further information. Once we have received all the information, you will be notified. The water board will assess, sometimes in consultation with an external advisor, whether you are entitled to compensation.

Assessment of the request

If the request is not eligible for compensation for damages, it will be declared unfounded. If the damage was not caused by lawful but by unlawful actions of the water board, you can take the matter to civil court. Even if the amount of damage is small (so-called minor damage) or if there is no causal link between the damage and the lawful actions of the water board, the request will be declared unfounded.

Processing of the request

An independent opinion is first sought from a consultancy firm regarding a request for compensation for damages. The consultancy firm collects all the necessary information and gives the applicant and the representative(s) of the water board the opportunity to provide an oral explanation during a hearing. A report is drawn up of this hearing. The consultant issues a draft opinion, to which responses can be submitted. The final opinion is then issued.

It may be clear in advance that the request is unfounded. In that case, seeking advice may be omitted (see Article 4(2) of the Compensation Regulation).

Deciding on the request

Based on the final recommendation, the board or a mandated official will make a decision. If the board of the water board decides to award compensation for damages, the amount of the damages, including statutory interest, will be paid out.

Lodge an objection and file an appeal (higher)

If you disagree with the decision, you can submit an objection. The board will then reconsider its decision in response to the appeal. If the decision is not in your favor, you can appeal to the Administrative Law Division of the District Court of North Holland. If this does not produce an acceptable result for you, you can appeal to the Administrative Law Division of the Council of State.

More information

For more information about compensation for damages and the procedure, please contact the Legal Affairs cluster via our general number 072 582 8282.