Damages for Unlawful Act in Delft
Damages for unlawful act helps Delft residents recover losses caused by unlawful actions, such as those by the Municipality of Delft or other authorities. In general administrative law, this is crucial for damage from local decisions. Learn how Delft residents can file a claim with the District Court of The Hague and meet the requirements.
Legal Basis for Claims in Delft
The basis of damages for unlawful act is Article 6:162 of the Civil Code (CC), which imposes an obligation to pay damages for unlawful acts. In Delft, this applies to violations such as:
- Breach of a subjective legal duty, for example duty of care in permitting;
- Breach of an objective legal norm, such as prohibitions in local rules;
- Acts that are unlawful under Delft standards, such as negligent conduct by officials.
In administrative law, this is relevant for flawed decisions by the Municipality of Delft. The General Administrative Law Act (GALA), including Article 3:2 GALA (due care) and Chapter 14 GALA (Articles 8:86-8:92), governs compensation. After annulment of an unlawful decision by the District Court of The Hague, you can file a claim. This builds on our article about statute of limitations on government claims.
Conditions for Successful Claims in Delft
For an award of damages for unlawful act (Art. 6:162 CC), four requirements are essential:
- Unlawful act: The conduct or omission by the Municipality of Delft is unlawful.
- Attributable: Attributable to the local authority.
- Damage: Proven loss, such as financial damage, non-pecuniary injury, or lost income.
- Causality: Direct link under the condition theory or adequate causation theory.
The statute of limitations runs after five years from knowledge of the damage and perpetrator (Art. 3:310 CC). For government claims in Delft: see Statute of Limitations on Claims Against the Government.
Example from Delft: Erroneous Building Permit
The Municipality of Delft approves a building permit for neighbors in the city center, but it violates your neighbor rights. Construction causes nuisance and €20,000 in property value loss. After annulment by the District Court of The Hague, you successfully claim damages for unlawful act upon proving causality.
Example: Delay in Environmental Permit in Delft
A Delft entrepreneur waits too long for an environmental permit from the Municipality of Delft, which proves unlawful due to inadequate reasoning. This costs €50,000 in turnover. You claim lost profits under Art. 6:162 CC, provided you prove the turnover was realistic absent the delay.
Rights and Obligations in Delft Claims
Your rights as a Delft resident:
- Full coverage of proven damage (Arts. 6:95-6:98 CC).
- Pain and suffering award for non-pecuniary damage.
- Case before the administrative division of the District Court of The Hague (GALA) or civil court.
Your obligations:
- Mitigate damage (mitigation, Art. 6:178 CC).
- Provide evidence (invoices, appraisals).
- File claim within the statute of limitations period.
Claims against the Municipality of Delft carry a deductible of €150 (Art. 8:91 GALA).
Comparison of Damage Claims in Delft
| Basis | Legal Basis | Application to Municipality of Delft | Delft Example |
|---|---|---|---|
| Unlawful act | Art. 6:162 CC | Unlawful building decision | Erroneous permit in city center |
| Breach of contract | Art. 6:74 CC | Rare (no contract) | N/A |
| GALA compensation | Art. 8:86 GALA | Decision without legal effect | Delayed Delft subsidy |
Frequently Asked Questions for Delft
Can I as a Delft resident claim against the Municipality of Delft?
Yes, for unlawful decisions or actions causing damage. Start with a request to the Municipality of Delft (Art. 8:88 GALA), followed by objection or appeal to the District Court of The Hague.
What if the statute of limitations has expired?
After 5 years, the claim is time-barred (Art. 3:310 CC), unless suspended (Art. 3:316 CC). See Statute of Limitations on Claims Against the Government.
Do I need a lawyer in Delft?
Not always, but recommended for complexity. Arslan Advocaten offers free initial advice; also start at Legal Aid Office Delft.
How do I prove damage in Delft?
Via invoices, expert reports, or witnesses. The court requires 'more likely than not' probability.
Tips for Delft Residents
Successfully claiming damages for unlawful act:
- Document thoroughly: Photos of construction nuisance, emails with Municipality of Delft.
- Act quickly: Request compensation from the municipality within the deadline.
- Try mediation: Efficient via local agencies.
- Seek help: Call Legal Aid Office Delft or Arslan Advocaten for a free consultation.