Compulsory
- Rebuild value as the basis
- All apartments
- Communal parts
Required by law · liability · risk
A dormant VvE (Dutch owners’ association) has no board and holds no meetings, but it has the same duty to insure and the same liability as an active association.
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When a building is divided into two or three flats, an owners’ association comes into existence by operation of law. In many small blocks nothing is done with it: no board appointed, no meeting held, no contributions collected. Legally that changes nothing. The association exists and carries its obligations, even if nobody performs them.
In concrete terms that means the duty to insure under Article 5:112 of the Dutch Civil Code continues to apply and that the association, as owner of the building, remains liable under Article 6:174 DCC. If there is no buildings policy, the owners together face the rebuilding costs after a fire, in proportion to their shares.
Once the association is running again, you can bundle the covers; see VvE package or the overview at insurance for a VvE.
The structure of the cover in three parts, with an overview per situation below.
Buildings insurance is required by law.
Article 2:9 of the Dutch Civil Code makes no distinction.
What else the association needs.
What is covered
| Situation | Buildings, VvE | Liability | Drivers |
|---|---|---|---|
| Fire damage to the building | Yes | No | No |
| Injury in the stairwell | No | Yes | No |
| A claim against a board member | No | No | Yes |
| An owner's own kitchen | No | No | No |
| Deferred maintenance | No | No | Sometimes |
| A dispute with a contractor | 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.
The law makes no exception for an inactive association. Even without a board, a bank account or a reserve fund, the duty to keep the building insured applies. If the policy is missing and the building burns down, there is nobody to pay for the rebuilding and every owner is left with a mortgage on a flat that no longer exists. For that reason, lenders increasingly ask for proof of insurance.
If a roof tile falls on a parked car or a balcony railing gives way, the association is liable under Article 6:174 DCC. That is strict liability: nobody needs to be at fault. Because a dormant association has no assets, the claim in practice lands with the owners. Liability cover for the association picks up precisely this.
Insurers will not write a VvE policy with an association that does not exist on paper. What is normally needed is registration with the Kamer van Koophandel (the Dutch chamber of commerce), an appointed board and a resolution of the meeting. As long as that is missing, owners sometimes insure their flats separately. With a shared wall or a shared roof that leads to concurrent insurance: two insurers pointing at each other over the same loss.
The duty of disclosure under Article 7:928 of the Dutch Civil Code applies when you apply. Deferred maintenance, a leaking roof, old wiring or a period of vacancy must be declared. If the new board withholds that, the insurer can reduce or refuse payment under Article 7:930 DCC. Damage that already existed before the start date is excluded in any event, as are gradual damp damage and wood rot.
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.
The association comes into existence by operation of law on division, but registration is needed in order to act in practice: to open a bank account, to put a policy in its name and to contract a builder. Insurers normally ask for the KvK number and the name of the board. Without registration, an application will in most cases not be processed.
You can, but it is a stopgap. The roof, the façade and the foundations are common property; two separate policies do not cover that part watertight and lead to argument about apportionment when a claim arises. The association’s statutory duty to insure also remains unfulfilled. Activating the association and taking out a single policy is almost always cheaper and clearer.
The association remains liable as the owner of the building under Article 6:174 DCC. Because it has no assets, in practice injured parties recover from the owners jointly, in proportion to their shares. The absence of a board is therefore no protection but precisely the problem: there is nobody to arrange the policy.
Call the owners together for a meeting, appoint a board, register the association with the Kamer van Koophandel and open an account in the name of the VvE. Then set the contribution and have the rebuild value established. With that information an insurer can accept the buildings cover and additional covers can be applied for.
Request a quote without obligation. We will look at which insurer best matches your activities and your risk.
Prefer to call? 072 - 509 24 56, weekdays 09:00–17:00.
Claim on the road? Emergency line 06 - 55 20 40 72.
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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