A defective building
- Article 6:174 of the Dutch Civil Code
- Roof tiles, facade panels, balconies
- Stairs, handrails and floors
- Including hidden defects
6:174 DCC · tenants and visitors · letting
Liability risks in property: how insurance protects you
Anyone who owns a building bears liability for what goes wrong with it. Once you let the property, personal liability insurance generally stops.
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Deze pagina in het Nederlands: Aansprakelijkheidsrisico's bij onroerend goed: hoe een verzekering u beschermt.
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
A property owner's liability comes from two directions. Article 6:174 of the Dutch Civil Code imposes strict liability on the possessor of a structure: if the structure does not meet the standards that may reasonably be expected of it and damage results, you are liable without anyone having to prove fault. On top of that, the ordinary wrongful act provision of Article 6:162 of the Dutch Civil Codeapplies, for example where you leave a tenant's report of a defective staircase unattended.
That liability affects a wide range of parties: tenants and their families, visitors, suppliers, neighbours and passers-by. Losses range from a wet floor at the neighbour's below to injury causing permanent incapacity for work. Personal injury claims are rarely small, and a claim may still be brought years after the incident.
The misunderstanding lies in the cover. Many owners assume that their personal liability insurance will deal with this. The AVP is intended for family life and excludes liability arising from the ownership of property you do not live in yourself, or from letting to third parties. For let property you take out a liability insurance for property.
Where the risks come from
Three sources of liability relating to a building and the grounds around it.
Maintenance and management
Liability in tort for negligence.
- Article 6:162 of the Dutch Civil Code
- Ignoring reports from tenants
- Faulty repairs
- No inspection of heating, gas or electrics
Grounds and installations
Damage suffered by third parties originating from your land or installations.
- Trees, fencing and paving
- Leakage into the neighbouring property
- Snow and ice from the roof
- Work carried out by parties you engage
What is covered
| Situation | AVP for private individuals | Property owners' liability |
|---|---|---|
| Passer-by struck by a dislodged roof tile | Provided that | Yes |
| Tenant injured by a collapsing staircase | No | Yes |
| Water damage to your neighbours from a leaking pipe | Provided that | Yes |
| Liability when letting through a platform | No | Provided that |
| Clean-up costs for soil contamination on your own site | No | No |
| Administrative fine or penalty payment imposed by the local authority | No | No |
The sums insured, exclusions and excess that apply to you are set out in the policy conditions and the insurance card (verzekeringskaart) you receive before you take out cover.
Four points for property owners
Where property liability causes problems.
Strict liability applies without fault
With Article 6:174 of the Dutch Civil Code the injured party does not have to show that you did anything wrong. It is enough that the structure was defective and that the danger materialised. An annual inspection and a well-kept maintenance file do not prevent liability, but they do help with the question of whether the defect was already present. Where the property is used commercially, liability under Article 6:181 of the Dutch Civil Code may shift to the occupier of the premises.
Letting takes the risk outside the AVP
As long as you live in the property yourself, liability usually falls under your AVP. That changes as soon as you let it out. Almost all AVP conditions exclude liability connected with the ownership or operation of let property. Some policies make an exception for a single home or for the period during which a property is up for sale. That exception is subject to time limits. Check this before the first tenant moves in.
Failing to disclose letting affects the whole policy
On taking out insurance, the duty of disclosure applies under Article 7:928 of the Dutch Civil Code. Letting, room letting, vacancy and commercial use are facts the insurer needs. If it turns out afterwards that you did not disclose them, the insurer may reduce or refuse the payout under Article 7:930 of the Dutch Civil Code. That also affects a claim which has nothing to do with the letting.
What a liability policy does not solve
Even a good property policy has firm limits. It does not cover pure financial loss without property damage or injury, environmental damage and clean-up costs (for which environmental damage insurance exists), and fines and penalty payments imposed by the authorities. Damage caused by deferred maintenance to your own building falls under the buildings policy and is expressly excluded here. Intent and recklessness remain excluded under Article 7:952 of the Dutch Civil Code.
What does your premium depend on?
- Nature and use of the property: residential, retail or business
- Number of properties or units: size of the portfolio
- Type of letting: a family, rooms or short stays
- Year of construction and state of maintenance: the likelihood of defects
- Sum insured per claim: and the maximum per year
- Excess and claims history: earlier claims count
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 did not know about the defect?
Under Article 6:174 DCC, yes. That is a strict liability: the question is whether the structure met the standards that may reasonably be expected of it, not whether you knew or could have known anything. A hidden structural fault can therefore give rise to liability. Recovering from the builder or the previous owner is a separate discussion that does not remove your liability towards the victim.
Does my buildings insurance cover liability as well?
No. Buildings insurance pays for damage to your own building. Damage suffered by third parties because of a defect in that building is liability and falls under a liability policy. Both policies may respond to the same event: the buildings policy for repairing the facade, the liability policy for the injury to the passer-by struck by the falling section.
What if the tenant uses the property commercially?
Liability may then shift under Article 6:181 DCC to the person using the property in the course of a business. That does not spare you the discussion: the injured party often approaches the owner first. Always tell your insurer about commercial use, because it differs from the intended use on which the policy was accepted.
Does cover also apply to work carried out by a contractor?
For damage the contractor causes, that contractor is liable and insured under their public and employers' liability insurance. You remain answerable as the client and as the possessor of the building. Record that the contractor is insured and ask for evidence. For larger refurbishments, a separate construction policy is the usual solution.
What about damage from soil contamination?
Environmental damage and clean-up costs are almost always excluded under a liability policy. There is a separate environmental damage policy for this, which pays the costs of investigation and remediation at your own site and sometimes at third-party sites. For premises with a tank, a workshop or a former industrial use, that is a real risk you need to assess separately.
Read more
Within Aansprakelijkheidsverzekering
- Aansprakelijkheidsverzekeringthe main page
- Verhuur en aansprakelijkheid waarom een aansprakelijkheidsverzekering onmisbaar is voor vastgoedeigenaren
- Aansprakelijkheidsverzekering voor bedrijfspanden en woningen hoe kies je de beste dekking
- Aansprakelijkheidsverzekering aansprakelijkheid en overige varia
- Aansprakelijkheidsverzekering voor onroerend goed wanneer is het verplicht
- How liability insurance protects you against risks
- Premises liability insurance
Similar pages
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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.
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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.