Owner or investor
- A defect in the building, Article 6:174 of the Dutch Civil Code
- Injury to passers-by and visitors
- Damage to neighbouring buildings
- Relevant when the building stands empty too
Article 6:174 of the Dutch Civil Code · letting · injury and property damage
Liability insurance for business premises and homes: choosing the cover
Anyone who owns business premises or a let home is liable for loss caused by defects in that property, even where there is nothing to blame them for. The right cover depends on your role: owner, landlord or occupier.
- several insurers compared objectively
- 9.5 customer rating for a new policy
- AFM licence 12016589
- Personal 072 - 509 24 56, weekdays 9–17
Deze pagina in het Nederlands: Aansprakelijkheidsverzekering voor bedrijfspanden en woningen: de dekking kiezen.
The calculator and the quote form below are in Dutch. Prefer to do this in English? Email info@finassverzekert. nl or call 072 - 509 24 56 and we will take it from there.
Work out for yourself what it would cost.
Enter your details; you will receive a proposal within one working day.
- We compare the offerings of several insurers
- An adviser checks whether the cover suits your activities
- We arrange the switch, including cancellation
A premium indication, not personal advice. Prefer to talk it through? Call 072 - 509 24 56.
In brief
The heart of it is set out in Article 6:174 of the Dutch Civil Code: the owner of a building is liable if the building does not meet the standards that may be expected of it and thereby creates a danger that materialises. That is strict liability: there does not have to be any negligence. A roof tile that comes loose, a balustrade that gives way, a slippery floor in the entrance or a facade panel that comes down can therefore give rise to a claim even if you knew nothing about it.
You also run a risk through Article 6:162 of the Dutch Civil Code, the tort provision. That mainly comes into play where you did know something: a report of a leak that you left unattended, a maintenance backlog, or a conversion not carried out according to the rules. With letting there is the added obligation to remedy defects. If you do not and loss arises for the tenant or their visitors, you are liable.
You arrange the cover on liability insurance for property, where the description of activities on the policy determines how far you go: ownership and letting only, or also exploitation and management. If you run a business in the building, that risk belongs on public and employers' liability insurance. Buildings insurance (opstalverzekering) only covers damage to your own building, not your liability.
Which cover goes with which role?
Your position in relation to the building determines which policy carries the risk.
Landlord
Claims by tenants and their visitors about defects and a maintenance backlog.
- Injury or property damage to the tenant
- Consequential loss from a leak or a breakdown
- Liability in communal areas
- The activity 'letting' on the policy
Occupier or business owner
Loss arising from the activities that take place in the building.
- Visitors and customers in your business premises
- Employers' liability where you have staff
- Work on the building
- Belongs on public and employers' liability insurance
What is covered
| Situation | Property liability | Buildings insurance (opstalverzekering) |
|---|---|---|
| A falling roof tile hits a parked car | Yes | No |
| A tenant is injured by a defective stair rail | Yes | No |
| Storm damage to the roof of your own building | No | Yes |
| Water damage at the neighbours after a burst pipe | Provided that | No |
| Soil contamination from a leaking tank | No | No |
| A fine from the local authority for an unsafe facade | No | No |
What is actually covered, including exclusions, sum insured, described activities and excess, is set out in the policy conditions and the insurance card (verzekeringskaart) you receive before taking out the policy.
What to look out for
Four points that determine whether a claim about your building is actually covered.
The described activity is the most important line on the policy
Every liability policy contains a description of what you do: the ownership and letting of property, management, exploitation or a combination. If, as well as letting, you also carry out conversions yourself, let rooms to several households, or run the building as business premises, that may fall outside the description. If the use of a property changes, report it. A claim that falls outside the described activities is rejected without the insurer having to look at the loss itself.
Maintenance determines your position when a claim arises
With Article 6:174 of the Dutch Civil Code fault is not a requirement, but in practice insurers and courts do look at what you have done. A written maintenance plan, periodic inspection of the facade, roof and installations and a file of tenants' reports make the difference to the question whether there was a known defect. Where there is a demonstrable maintenance backlog, the insurer may reduce the payment or fall back on the exclusion of wilful recklessness.
What is not included
The following, among others, are outside the cover: damage to the premises themselves, because that is the buildings insurance; pure financial loss without injury or property damage, such as a third party's lost rental income; environmental damage and soil contamination, for which separate environmental damage insurance is needed; intent and wilful recklessness under Article 7:952 of the Dutch Civil Code; and fines and penalty payments from the local authority or a regulator. Damage caused by asbestos is also almost always excluded, and where a building stands empty for a long period or is squatted, additional restrictions apply.
With a VvE part of the cover lies elsewhere
If the building is divided into apartment rights, the owners' association insures the building and the liability for the communal parts. What is communal and what is private is set out in the deed of division and the regulations (Article 5:112 of the Dutch Civil Code). As an individual owner you are left with a risk of your own for your private part and for your role as a landlord. So check that the VvE policy and your own policy together are watertight, and that the owner's interest is included.
What does your premium depend on?
- Number and type of premises: homes, offices or industrial units
- Rental income or rebuild value: the usual basis for calculation
- Use by the tenant: hospitality and industry weigh more heavily
- Year of construction and state of maintenance: older holdings have more defects
- Sum insured and excess: a higher limit means a higher premium
- Claims history: previous claims and notifications
Insurers weigh these details differently. That is where your saving is.
How we arrange it
- You request a quoteWe take stock of your situation, risk and wishes.
- We compareseveral insurers, on premium as well as conditions.
- You receive a proposalWith an explanation of the differences and the exclusions.
- We arrange the switchIncluding cancellation, so there is no gap in cover.
9.5New policy
9.8Claims handling
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.
Frequently asked questions
This is what people ask us most.
Am I liable if I knew nothing about the defect?
Yes, you can be. Article 6:174 of the Dutch Civil Code places a strict liability on the owner of the building: if the building does not meet the standards that may be expected of it and the danger materialises, you are liable whether or not you knew of the defect. So not knowing does not help you. Your maintenance records do help determine how the discussion about the size of the loss and its attribution goes.
Is my buildings insurance not enough?
No. Buildings insurance pays for damage to your own building caused by, for example, fire, storm or burglary. It does not cover the loss others suffer because your building has a defect. For injury to a passer-by or damage to the neighbours' property you need liability insurance. The two policies dovetail but do not overlap.
What is the difference from an AVB?
Public and employers' liability insurance covers the liability arising from your business activities, including employers' liability. Liability insurance for property covers only the risk connected with the ownership, letting and management of buildings. If you invest in property without any further business activity, the second is enough; if you combine both roles, you need both.
Is an empty building insured as well?
For liability, usually yes, but where a building stands empty insurers often set conditions: periodic checks, pipework shut off, security against squatting. Always report vacancy, because it is a change in the risk. For the buildings cover, vacancy often brings stricter restrictions than for the liability cover; check both policies separately.
Who is liable in a mixed building with homes and shops?
The owner remains liable for defects in the building, whatever its use. The use does count in the premium and sometimes in the conditions: hospitality or the storage of hazardous substances brings a different risk from a residential floor. Have the uses present in the building recorded on the policy, and report it when a tenant changes sector.
Read more
Within Aansprakelijkheidsverzekering
- Aansprakelijkheidsverzekeringthe main page
- Verhuur en aansprakelijkheid waarom een aansprakelijkheidsverzekering onmisbaar is voor vastgoedeigenaren
- Aansprakelijkheidsverzekering voor onroerend goed wanneer is het verplicht
- Aansprakelijkheidsrisico s bij onroerend goed hoe beschermt een verzekering je
- Premises liability insurance
- Pandaansprakelijkheidsverzekering
- What is third-party liability?
Similar pages
- Letting and liability: what a property owner risks
- Liability in property and real estate
- Liability for property owners
- Premises liability insurance
- Liability insurance for property and real estate
- VvE liability insurance through Avéro Achmea — compare & calculate your premium
- VvE liability insurance
- Liability and other miscellaneous risks: which cover belongs where?
Which cover suits your building?
Request a quotation without obligation; together with you we determine the right described activities and how they join up with your buildings insurance.
Prefer to call? 072 - 509 24 56, weekdays 09:00–17:00.
Claim on the road? Emergency line 06 - 55 20 40 72.
About our service
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.
You will find our licence, KvK and Kifid details and our complaints procedure at the foot of every page.
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.