Compulsory nonetheless
- Collective buildings insurance
- All owners bound
- The board member remains responsible
Inactive association · still compulsory · underinsurance
A dormant VvE (Dutch owners' association) still exists in law. The meeting does not convene, nothing is set aside and nobody looks at the policy — but the obligations continue.
Deze pagina in het Nederlands: Slapende VvE verzekeren.
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A a dormant VvE is an owners' association that in practice does not function: no meetings, no board that meets, no reserve fund. This occurs above all in small complexes of two to four flats, often created when a house was divided.
The statutory duties continue to apply in full. Under Article 5:112 of the Dutch Civil Code the building must be insured collectively, and since 1 January 2018 these associations are also subject to the duty to set aside reserves under Article 5:126 of the Dutch Civil Code.
The practical risk is a policy taken out years ago and not adjusted since. Building costs have risen sharply; a sum insured from 2015 comes nowhere near covering today's rebuilding costs.
The structure of the cover in three parts, with an overview per situation below.
The duty to insure applies even without an active meeting.
An outdated sum insured while building costs have risen.
A dormant VvE can be made active again with limited effort.
What is covered
| Situation | Covered |
|---|---|
| Fire or storm damage to the building | Yes |
| Water damage in a communal pipe | Yes |
| Damage above the outdated sum insured | No |
| Deferred maintenance | No |
| Liability of the association without a separate policy | No |
| Personal liability of board members | 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.
The fact that the meeting has not convened for years changes nothing about Article 5:112 of the Dutch Civil Code. The building must be insured collectively, and since 2018 the duty to set aside reserves applies as well. When a flat is sold, the buyer or their mortgage lender will also ask about this; a dormant VvE without a policy delays or blocks the transaction.
Most dormant associations do still have a policy, but with an amount from years ago. Building costs have risen sharply since 2020. Without a guarantee against underinsurance, claims are paid proportionately, and that affects small claims too. Have the rebuild value established again; that is the cheapest step with the greatest effect.
Any owner can convene the meeting or ask the subdistrict court for authorisation to do so. The meeting then appoints a board member and sets up the reserve fund. That is less work than it sounds, and it solves the insurance and sale problems at the same time.
If a board member has formally been appointed, even if they do nothing, the standard of proper performance of duties applies to them. Neglecting the insurance or the reserve fund can lead to personal liability.
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.
Yes. Article 5:112 of the Dutch Civil Code obliges the association to insure the building collectively, whether or not the meeting convenes. The duty to set aside reserves under Article 5:126 DCC applies as well.
An outdated sum insured. Building costs have risen sharply; without a guarantee against underinsurance, claims are paid proportionately, including small claims.
Yes. Any owner can convene the meeting or ask the subdistrict court for authorisation. A board member is then appointed and the reserve fund set up.
Buyers and mortgage lenders ask for the VvE documents, the policy and the reserve fund. If those are missing, it delays or blocks the transaction.
If a board member has formally been appointed, yes, even where they in fact do nothing. Neglecting the insurance or the reserve fund can give rise to personal liability.
Mainly time. The insurance and the reserve fund are the recurring costs; convening a meeting and appointing a board member costs little.
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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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