Disadvantage compensation

HHNK makes many decisions involving the interests of others. This may involve decisions on improvement works such as dyke reinforcement, but also daily maintenance of ditches and flood defenses. This may result in damage for you. You are eligible for compensation if the damage should not reasonably be borne by you or should not be borne entirely by you.

Requirements

Acting lawfully

Only damage caused by lawful action by the district water board is covered by compensation for loss. This means that the work is related to the performance of our statutory duties. The request for disadvantage compensation is handled according to the rules in administrative law and the Regulation on Disadvantage Compensation HHNK 2023.

Compensation is not applicable if the damage was caused by wrongful acts of the Water Board (i.e. if we did something wrong or failed to do something). You can, however, submit a claim for damages for wrongful act. This is then handled according to the rules of civil law. See the page Filing a claim for damages.

Disproportionate disadvantage

With compensation for loss, we only compensate for disproportionate damage (compared to the damage suffered by others). After all, we work in the public interest. Besides the benefit to society, the measures we take sometimes also entail (temporary) disadvantages. For example, work on flood defenses may temporarily reduce accessibility. But ultimately the work does result in a better or safer situation.

Risk acceptance

Another condition is that you could not have seen the damage coming in advance. Anyone who is (partially) to blame for damages can claim no compensation or only partial compensation. If you invest in activities when you could have known that they could no longer take place in that way, compensation for that investment is usually excluded. This is called active assumption of risk. You also have a duty to take measures to minimize the damage. Of course, we have this duty as well.

Even if the amount of damage is small (so-called trivial damage) or if there is no causal connection between the damage and the lawful action of the district water board, the request is declared unfounded.

How do I apply for disadvantage compensation?

You can submit a request for compensation either digitally (form) or in writing to the Water Board. This should be done as soon as possible after the decision that caused the damage has been made or the work has been carried out. If the damage does not occur until afterwards, you must submit the application as soon as possible after you find out the occurrence of the damage. The application must meet a number of requirements and include at least:

• name and address of the applicant;
• date;
• An indication of the damaging event or decision;
• the date on which you became aware of both the damage and that the State Water Board is responsible for it;
• An indication of the nature of the damage suffered or to be suffered;
• (to the extent reasonably possible) the amount of the damage and a breakdown thereof;
• statement of facts that led to the occurrence of the damage;
• if the damage concerns loss of profit or income: annual accounts for the year in which the damage was suffered and, to the extent available, the three preceding years and corporate or income tax assessments;
• if the damage involves lost rental income: a copy of the lease or use agreement and a title deed;
• Any other available information and documents required for a decision on the application and reasonably available to you.
• The applicant's International Bank Account Number (IBAN).

Online

Apply for your loss compensation using the digital form.

Requesting compensation for damages 

By letter

If submitting by mail, please address the application to: 

Hoogheemraadschap Hollands Noorderkwartier
t.a.v. cluster Juridische Zaken
Postbus 250, 1700 AG Heerhugowaard.

After your request

The Water Board checks to see if your application is complete. It may need further information. When all information is received by us, you will be notified. The Water Board, sometimes together with an external consultant, will assess whether you are entitled to compensation.

Assessment of request

If the request does not qualify for loss compensation, it will be declared unfounded. If the damage was not caused by lawful but unlawful actions of the district water board, you can turn to the civil court. Even if the amount of damage is small (so-called bagatel damage) or if there is no causal connection between the damage and the lawful action of the district water board, the request will be declared unfounded.

Treatment of the request

An independent opinion is first obtained from a consulting firm regarding a request for disadvantage compensation. The consultancy gathers all necessary information and gives the applicant and the representative(s) of the Water Board the opportunity to give an oral explanation during a hearing. A report is made of this. The consultant issues a draft opinion, which can be commented on. Then the final opinion is issued.

It may be that it is clear in advance that the request is unfounded. In that case, obtaining advice may be dispensed with (see Article 4 , paragraph 2, Regulation on Damage Compensation).

Deciding on the request

Based on the final recommendation, the board or a mandated official makes a decision. If the board of the district water board decides to award loss compensation, payment of the loss amount including statutory interest follows.

Objections and appeals (higher)

If you disagree with the decision, you can file a notice of appeal. The board will then make a reconsideration decision in response to the objection. If the decision is not in your favor, you can appeal to the Administrative Law sector of the North Holland District Court. If this also fails to produce an acceptable result for you, you can appeal to the Administrative Law Division of the Council of State.

Learn more

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