Liability insurance for a self-employed roofer
A roofer works on someone else's property, with naked flames and above public space. Two policy provisions therefore dominate the conversation: the care, custody and control exclusion and the hot work clause.
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In brief
The roof you are working on is in your in your care. If you damage that very roof surface, that loss is almost always excluded on the liability insurance. That makes the discussion after a loss concrete: the tear in the roof covering you laid is your problem, the soaked ceiling and the contents below it can be covered. Anyone who knows that distinction in advance sells differently and reports differently. The main outline of the cover is on the hub page public and employers' liability insurance.
The second point is fire. Working with a gas torch on bitumen is the main cause of fire in this trade, and insurers attach hard conditions to it: no torch within a certain distance of roof edges, upstands and timber structures, fire-fighting equipment within reach and a check after the work is finished. If that clause is not complied with, cover lapses for that fire. Self-adhesive or mechanically fixed systems present a more favourable picture to an insurer than torching.
There is also the risk below you. A tile, a piece of zinc or a tool bag that falls hits a passer-by or a car. Cordon off the work area and use a safety net or edge protection. Your own fall is not covered on this policy. For that, look at disability insurance. If you often work as a subcontractor, look too at the main contractor's project cover or at a Construction all risks (CAR) insurance for roofers for the works themselves.
This page deals with one situation. The full overview is on Compare public and employers' liability insurance (AVB).
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What to look out for
Four points that are more often decisive in roofing work than the premium.
Leaving the roof open with bad weather forecast
Rain running into a roof opened up overnight is the most reported loss in this trade. Insurers look at the weather forecast, at how the roof was covered and at whether you opened up more than you could close that day. Photograph the covering when you leave. When a claim is made that is the only evidence that counts.
What falls outside the cover
Excluded are putting your own roof covering right, the item you have in your in your care, fire damage where the fire clause was not complied with, and damage caused with a crane lorry or van (Article 2 of the Dutch Motor Insurance Liability Act (WAM)). Also outside it are asbestos and fines from the labour inspectorate, as is intent under Article 7:952 of the Dutch Civil Code.
Old roofs and asbestos
When renovating existing roofs you can come across asbestos-containing sheets or roofing felt. Removal is only allowed by a certified business and liability for asbestos is excluded on virtually every policy. Stop work, report it to the client and record in writing what you found.
The client's own building
An owner who suffers loss through a defective roof can also be held liable as the possessor under Article 6:174 of the Dutch Civil Code and will pass that claim on to you. Describe in the quotation the condition of the existing roof and which part you are not renewing, so that it is clear afterwards what you stood behind.
What does your premium depend on?
- Annual turnover: the basis for a sole trader
- Technique used: torching, self-adhesive or mechanically fixed
- Type of roofs: flat roofs, pitched roofs or roof windows and zinc work
- Working height and type of building: a home, an industrial unit or commercial construction
- Sum insured: per claim and per insurance year
- Excess: often increased for hot work
Insurers weigh these details differently. That is where your saving is.
What is covered
| Situation | AVB | BAV |
|---|---|---|
| A roof window you are removing falls through the floor of the attic room | Yes | No |
| A plumber falls through the rooflight whose covering you had taken away | Yes | No |
| Solar panels you helped fix blow loose and damage a shed further along | Yes | No |
| Your pressure washer sprays moss and dirt onto the neighbours' new facade cladding | Provided that | No |
| You advised a roof covering that does not suit the pitch and it all has to come off | No | Provided that |
| The client demands the hire of a temporary cabin because the work overran by two weeks | No | No |
Work on the roof surface itself remains your risk. The damage that arises below it is another question.
Frequently asked questions
This is what people ask us most.
My new roof covering leaks. Does the insurance pay for the repair?
Not for relaying your own work. That is performing what you should have delivered. The water damage to the ceiling, the floor and the customer's belongings is consequential loss and can fall under the policy. The insurer will assess whether the leak is down to your workmanship and not to the existing structure.
What happens if a fire starts after torching bitumen?
The fire clause then governs. It imposes requirements on the distance from combustible parts, on having fire-fighting equipment ready and on a check afterwards, usually some time after the last hot work of the day. If you meet those, the third party's loss is insured; if you do not, you bear the fire yourself.
A roof tile fell on a parked car. How does a claim like that go?
That is damage to a third party's property and is at the core of this insurance, provided you are liable under Article 6:162 of the Dutch Civil Code. Report it straight away, take photographs of the situation and of the barriers you had put up. Do not admit liability on the spot. That judgement is for the insurer.
I sometimes hire in a colleague for a large job. What does that mean?
If he works under your direction, he falls under your duty of care under Article 7:658(4) of the Dutch Civil Code, even without a contract of employment. Declare that in the application, so that the employers' liability section is included. Ask for his own certificate of insurance as well and record who carries out which part of the roof.
Every situation is different. For these situations we have a separate page.
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