Clean-up of your own site
- Soil investigation and sampling
- Excavation, removal and backfilling
- Cleaning up groundwater
- Reinstatement of paving and planting
Environmental damage insurance pays the cost of clearing up soil and water contamination on your own plot and on other people's. Those are exactly the costs a liability policy leaves behind.
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Contamination of soil, groundwater or surface water almost always costs money in investigation and clean-up, even where nobody holds you liable for anything. Under the duty of care in the soil legislation, the authorities can require the contamination to be undone, and that bill lands with the owner or user of the plot. Environmental damage insurance was made for that: it insures your own costs, not your liability.
That distinction is the whole point. The public and employers' liability insurance (AVB) covers third-party injury and property damage, and either expressly excludes environmental damage or limits it to a sudden, unforeseen emission on someone else's land. Cleaning up your own ground is not a third party's loss and falls outside it by definition. Someone facing a claim from a neighbour under Article 6:162 of the Dutch Civil Code may well have cover, while the much larger costs on his own yard remain uninsured.
With real estate there is the added point that you rarely cause the contamination yourself. A tenant's leaking tank, a fire in which firefighting water runs into the ground, or a burst oil pipe all hit the owner. The policy therefore usually covers the your own site, the third-party site to which the contamination flows and the clean-up costs after a fire.
We compare your environmental damage insurance across dozens of insurers, explain where the real differences lie, and arrange the switch from start to finish — without you having to chase it yourself.
Environmental damage insurance
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Get coveredThe cover turns on three places where contamination causes costs: your own site, other people's, and the consequences of both.
Investigation and clearance of contamination in soil and water at the address shown on the policy.
Contamination that has moved from your site to adjoining plots or into the surface water.
The items that remain after the clean-up itself and are often forgotten.
What is covered
| Situation | Basic | Extended |
|---|---|---|
| Sudden leak from an above-ground tank | Yes | Yes |
| Soil contamination after fire and firefighting water | Yes | Yes |
| Gradually leaking underground pipe | No | Provided that |
| Contamination running on to the neighbour's plot | Provided that | Yes |
| Contamination that was already there at purchase | No | No |
| Fall in the value of the plot after clean-up | No | No |
Which locations, substances and installations are actually included is set out in the policy conditions and on the policy schedule. The activities stated per address are decisive in that.
Insurers weigh these details differently. That is where your saving is.
We look at the terms as well as the premium, and stay your point of contact when there is a claim.
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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.
Four points that determine whether the clean-up bill ends up with the insurer or with you.
Basic cover pays only in the case of a sudden, unforeseen event: a tank that cracks, a collision on the site, a fire. Contamination that has built up over months or years (a slowly leaking pipe, a porous floor beneath a storage area) falls outside it and calls for extended cover. Because leaks are often discovered only during excavation or on sale, this distinction is in practice the most decisive point of the policy.
A AVB covers third-party injury and property damage and almost always contains an environmental exclusion; at most a limited cover remains for sudden contamination at someone else's site. Cleaning up your own soil is not a third party's loss and is therefore never covered. Buildings insurance, too, pays for the structure, not for the ground beneath it. Anyone holding both policies therefore leaves precisely the largest cost item uninsured without separate environmental cover.
The following, among others, are outside the cover: existing contamination that was already present or known before the start date, asbestos and asbestos removal, damage caused by deliberately ignoring permit conditions or an enforcement notice, administrative fines and penalty payments, contamination from nuclear reactions, and the loss of value of the plot after a properly completed clean-up. Intent and recklessness are excluded under Article 7:952 of the Dutch Civil Code. Normal business emissions for which you hold a permit do not count as damage either.
A baseline survey at purchase or when the policy is taken out determines later what is old and what is new. Without one, the argument about the start date is virtually impossible to win. What you state at inception about tanks, storage and earlier incidents falls under the duty of disclosure in Article 7:928 of the Dutch Civil Code; if that picture is wrong, the insurer can limit or refuse payment under Article 7:930 of the Dutch Civil Code. Report a leak, moreover, as soon as reasonably possible (Article 7:941 of the Dutch Civil Code) and do not start digging without consultation.
This is what people ask us most.
Because the AVB covers liability and not your own costs. Environmental damage is moreover usually excluded from it, apart from limited cover for sudden contamination at third parties. Cleaning up your own soil is not another party's property damage and therefore always falls outside that policy, however high the sum insured.
In reality it is often the owner who is approached for the clean-up, because the owner has control over the plot. Whether you can recover the costs from the tenant depends on the lease and on evidence. So include tenants as insureds, or set out in the contract that they must maintain environmental cover of their own.
It is not insured. Insurance covers uncertain future events, not an existing situation. If old contamination is only discovered after the start date, the survey report decides the outcome. A baseline measurement at inception is therefore not a formality but the evidence on which a claim later stands or falls.
Usually yes, even under basic cover, because a fire is the very model of a sudden and unforeseen event. It then concerns contamination from firefighting water, soot and escaped substances. Do check whether the clearance costs also appear on the buildings or contents policy; double cover leads to argument about who pays what.
Consequential loss to third parties runs in principle through your liability cover, not through the clean-up cover. Environmental damage insurance pays for clearing and reinstating soil and water, including on someone else's plot. For claims about lost yield or dead livestock, the AVB or an additional section is needed.
Every situation is different. For these situations we have a separate page.
Request a quote without obligation. We set out side by side, per insurer, what counts as sudden and what counts as gradual.
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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 compiled by Finass Verzekert. Last updated on .
The information on this page is general in nature and is not personal advice.
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