2016
November (12)
Where no English version exists, the Dutch and French versions are offered next to the PDF link; the PDF link itself opens the Dutch version.
10/11/2016
The simple fact that the authorities impose restrictions on property rights in the general interest does not oblige them to pay compensation, but, in the event of a serious breach of the right to protection of one’s property, such as a refusal of permission to build on it or to subdivide it, such a burden must not be imposed on an owner without reasonable compensation for the loss of value of the land.In certain conditions compensation for a loss sustained as a result of planning policy will be payable to offset the effects of a ban on building on or dividing up a property, or a change in planning regulations affecting the use to which the property may be put. It is for the relevant regulatory authority to determine the conditions in which such compensation should be awarded, subject to the scrutiny of the Constitutional Court as to the reasonable and proportionate nature of the action taken.
Regional development, urban planning / Regional development, building restrictions / Regional development, loss suffered as a result of planning regulations / Building, planning permission / Property, value, decrease / Constitution and treaty, combination / Constitution and treaty, similar provisions.
Cause list number: 6254
Sources - Categories - Written rules - International instruments - European Convention on Human Rights of 1950.General Principles - General interest.Fundamental Rights - Civil and political rights - Right to property - Other limitations.