Administrative law is a broad legal field, that comprises numerous laws, decisions and policy documents. In addition, you have to take current jurisprudence into account. Businesses, private individuals, but also governments are regularly confronted with legal questions. FDJ Advocaten can provide advice on such matters.
Zoning plans are an important instrument in the Netherlands for the determination of land use. The revision of a zoning plan can be of great importance for the party who has an interest in the proposed revision, such as a developer or landowner. In addition, a new zoning plan can have far-reaching consequences for local residents. It is very important, in both cases, that the zoning plan procedure is carried out carefully. The statutory requirement of a good spatial substantiation plays an important role in this. Important topics in this respect are, for example, noise, soil quality, environment, archaeology, water, traffic and parking. Our team of experts can provide advice on these matters.
Objection and appeal
Municipal governments and other governmental bodies can take decisions. These decisions can have far-reaching consequences for interested parties, but also for the governmental bodies involved. This could concern, for instance, damage due to unlawful and lawful decisions. In addition to the content-related side of the case, monitoring the statutory objection and appeal terms is of great importance. FDJ Advocaten can take action quickly and expertly.
Municipal governments and other governmental bodies can take enforcement actions in the event of a violation of a law. This can take place by imposing a penalty or by applying administrative enforcement. These decisions can be far-reaching and have large financial consequences. Our team of experts can provide advice on these matters quickly and expertly.
Environmental law is a collection of laws and regulations with regard to the protection of the environment. Where it concerns noise, energy, waste, air and soil, environmental rules and regulations are important, for example, when starting a company, or for the realisation of a new housing development. Environmental laws can have far-reaching (financial) consequences for the parties in question. Just think, for instance, of the decontamination of polluted soil. Financial interests can be large, while it is not always clear who is liable. FDJ Advocaten can provide advice on such matters.
Spatial planning laws
Spatial planning laws play a role in changes in the physical living environment. They determine where you are allowed to build and install and where the infrastructure will be located. There are many rules, interests and principles that have to be taken into account. New zoning plans and rules can have huge material and financial consequences. Therefore, it is very important when developing construction projects that a realistic estimate is made of the opportunities and risks based on knowledge of this field. FDJ Advocaten is pleased to be of service in this area.
It often occurs that a building plan is not in accordance with the zoning plan. The municipal government can grant an exemption from the zoning plan so that the building plan can still be realised. Deviating from a zoning plan can be complex. FDJ Advocaten is pleased to assist you with this.
Losses resulting from government planning decisions
Due to a change in a zoning plan, a house, office, business premises or a piece of land can decrease considerably in value. In addition to a decrease in the value of the property, a loss of income can also occur. In such a case, it is in principle possible to claim compensation. In order to quality for compensation, you must satisfy various criteria. One of these criteria is that you could not possibly have foreseen the loss at the time that you bought the property. In addition, normal general risks have to be taken into account. FDJ Advocaten can provide advice on such matters.
Compensation for damages
The laws governing compensation for damages are particularly complex in administrative law. A governmental body can be ordered to pay compensation for damages. However, it is very important that action is taken timely and the right procedure is followed. Various criteria that have been laid down in the law or have been developed in legislation have to be taken into consideration. Without expert advice, you may find it difficult to claim compensation. FDJ Advocaten is pleased to assist you with this.
Permits are required for many activities. For example, building or renovating a home, office or business premises, chopping down a (monumental) tree, placing advertising, or laying a driveway. The application for a permit must satisfy the applicable regulations. FDJ Advocaten can assist you with this.