Liability
- Damage to third parties
- Employers' liability
- Care, custody and control as an extension
Management · keys · liability
As a property manager you own nothing of what you manage, and that is precisely why your liability is of a different kind from the owner's.
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A manager acts for someone else's account. Strict liability for the building itself rests under Article 6:174 of the Dutch Civil Code with the possessor, not with you — but the way you manage that building is judged against the standard of care under your instructions. A missed rent increase, a lease not terminated in time, an expired notice period, a fire alarm inspection overlooked or maintenance advice that was wrong costs the owner money without anything being broken. That is pure financial loss and it falls outside every AVB.
Your core policy is therefore professional indemnity insurance, which works on a claims made basis: what matters is the moment the claim reaches you, not when you made the mistake. In property management it often takes years for a mistake to come to light — at a sale, a valuation or a change of owner. Retroactive and run-off cover are therefore not a detail here but the heart of the product.
The daily work also carries risks that have nothing to do with advice: key management for hundreds of properties, access to empty buildings, directing contractors and holding third-party money. If you also manage owners' associations, the position of the board comes into play as well; that is set out on directors' and officers' liability in a VvE. What the owner has to arrange is on the property page.
The structure of the cover in three parts, with an overview per situation below.
AVB for property damage and injury, BAV for professional errors.
Business contents, goods and lost turnover during downtime.
Sickness absence, accidents and the traffic risk.
What is covered
| Situation | AVB | BAV | Cyber |
|---|---|---|---|
| Injury to a visitor or customer | Yes | No | No |
| Damage to a client's property | Sometimes | No | No |
| Financial loss caused by an advisory or calculation error | No | Yes | No |
| Downtime after a ransomware attack | No | No | Yes |
| Data breach involving personal data | No | Sometimes | Yes |
| Damage to property in your care | No | No | No |
This overview is general in nature and is not personal advice. What is actually covered, including exclusions, limits and the excess, is set out in the policy conditions and the insurance card (verzekeringskaart) of the insurer; you receive both before you take out cover. Taking out cover without advice? Then read what execution only means for you.
Four points that make the difference between a policy that pays out and one that does not.
Do you advise the owner, or do you decide independently under a power of attorney? Where you have a mandate, you carry the consequences of decisions you took without reference back. Set out the scope of the instructions in writing: what amounts you may spend yourself, which decisions have to be put to the owner and what falls outside the instructions. Without that demarcation you will be held responsible for choices the owner made, and your file is the only defence you have.
Notices to terminate, notices of continuation, indexations, option years, extensions and the period for a rent review are hard deadlines: miss a date and the consequence is irreversible and immediately expressible in money. Work with a monitored diary system with double alerts and record confirmation of every dispatch. Insurers ask about this expressly; a demonstrable deadline monitoring system is one of the heaviest factors in acceptance.
If a key or an access pass is lost, the loss is rarely the key but the recertification of a master suite for a whole complex. That is pure financial loss, and most policies exclude key loss or limit it to a modest amount. Ask about it expressly. Also work with a record of keys issued and returned, and with temporary codes instead of physical keys where you can.
Everything in your custody — an empty building whose key you hold, a home between tenants, stored contents — falls under the care, custody and control exclusion in the AVB. Damage to the building you manage is therefore not automatically covered. fraud or embezzlement by your own staff, for instance involving client money or rental income, also falls outside liability cover; there is separate fraud cover for that.
Insurers weigh these details differently. That is why comparing pays off.
Customers rate our service on four aspects: personal service, service delivery, availability and the outcome. The reviews are collected and published by NH1816 and come from customers who have actually taken out a policy with Finass Advies B.V. or reported a claim.
The questions we are asked most often about this.
Professional indemnity insurance. Nothing is damaged and nobody is injured; the owner suffers purely financial loss and that is pure financial loss, which is excluded on an AVB. Note how claims made cover works: what matters is when the claim reaches you. Past mistakes are only covered if retroactive cover has been agreed.
Strict liability for the structure rests under Article 6:174 of the Dutch Civil Code with the possessor, so with the owner. You are judged on your own conduct: did you know of the defect, did you warn the owner and did you record that? A defect reported in writing on which the owner did not act shifts responsibility back to them.
Often not, or only up to a limited amount. The real cost lies not in the key but in recertifying a complete master suite, and that is pure financial loss. Ask expressly about this section and its limit when you take out cover. Recording keys issued and returned, and digital access with revocable codes, limit the risk most effectively.
Fraud and embezzlement by your own staff are excluded on both the AVB and professional indemnity insurance; those policies cover mistakes, not deliberate acts. There is separate fraud or embezzlement cover for that. Particularly where you hold client money, a separation of duties between who pays and who books entries is a condition insurers impose.
Request a quote without obligation. We will look at which insurer best matches your activities and your risk.
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Finass Verzekert is a trading name of Finass Advies B.V. We advise on and arrange non-life insurance on the basis of an objective analysis of several insurers, and receive commission for this from the insurer, which is included in the premium. You pay no separate advice fee. Before you take out cover, we establish your wishes and needs.
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This page was written and checked by an adviser at Finass Verzekert. Last updated on .
The information on this page is general in nature and is not personal advice.
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