Seller and contractor
- Non-conformity after the purchase
- The contractor does not deliver, or delivers late
- Extra work without instructions
- The dispute must arise after the start date
Building dispute · neighbours · VvE and local authority
How legal expenses insurance (rechtsbijstandverzekering) helps with your second home
A second home does not only double your maintenance, but also the number of parties you can fall out with. Legal expenses insurance (rechtsbijstandverzekering) pays for the legal help. Not every dispute falls under it.
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Deze pagina in het Nederlands: Hoe een rechtsbijstandverzekering helpt bij uw tweede huis.
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 situation
- We arrange the switch, including cancellation
A premium indication, not personal advice. Prefer to talk it through? Call 072 - 509 24 56.
In brief
With a second home the legal lines run into each other. You have to deal with a seller who conceals something, a contractor who does not finish the work, neighbours who cause a nuisance or dispute a boundary, a local authority that refuses a permit or enforces the ban on permanent occupation, and with a flat a VvE that takes a decision you disagree with. Each of those conflicts costs money before there is any ruling.
Legal expenses insurance reimburses the cost of legal assistance and runs the case for you. Most policies are built up from modules: consumers and housing, traffic, income and sometimes tax and assets. For a second home the home module is decisive, and with many insurers it is limited to the home you live in yourself. A second home then has to be stated explicitly on the policy.
With a flat there is also the set of rules that belongs to the apartment right under Article 5:112 of the Dutch Civil Code. A dispute with the VvE (Dutch owners' association) about maintenance, the division of costs or a ban on letting is played out within those rules. If you let the home to third parties, the dispute often shifts into the business sphere and personal cover falls away. See also which insurances go with a second home.
Where the conflicts come from
Three kinds of dispute that occur most often with a second home.
Neighbours and local authority
Conflicts about boundaries, nuisance, permits or planning use.
- Easements and boundaries
- Nuisance and overhanging planting
- Objection to an environmental permit
- Enforcement against permanent occupation
VvE and its rules
Resolutions of the general meeting and the division of maintenance costs.
- Rules under Article 5:112 DCC
- Setting aside a resolution
- Overdue major maintenance
- A ban on letting in the rules
What is covered
| Situation | Own use | Letting |
|---|---|---|
| A dispute with the contractor about the renovation | Yes | Provided that |
| A neighbour dispute about a boundary or nuisance | Yes | Provided that |
| Objection to a decision of the local authority | Yes | Provided that |
| A conflict with a tenant about payment or handing back the property | No | Provided that |
| A dispute that was already running before the start date | No | No |
| A home abroad | Provided that | No |
What is actually covered, including the waiting period, minimum interest and cost ceiling, is set out in the policy conditions and the insurance card (verzekeringskaart) you receive before taking out the policy.
Where the cover ends
Four points that decide whether your second home really falls under the policy.
The second home has to be on the policy
With many insurers the home module covers only the address at which you are registered. A holiday home, a flat by the sea or a second house is an object to be insured separately. If it is not on the policy, a dispute about that property is not covered, however personal it may feel. Give the address, the use and the land registry details when taking out the policy; that is part of the duty of disclosure in Article 7:928 of the Dutch Civil Code.
Waiting period and existing conflicts
Almost every legal expenses policy has a waiting period within which new disputes are not yet covered, and excludes disputes that were already foreseeable or already running when it was taken out. If you buy a house knowing that the foundations are in dispute, that is an existing dispute. There is usually also a minimum interest: below that amount the insurer will not take the case on. That amount is set out in the conditions.
Letting makes it a business matter
As soon as you let the home on a regular basis, to tourists or as an investment, the insurer treats the dispute as commercially. Conflicts with tenants, booking platforms or the tax authority about box 3 then fall outside the personal policy. Some insurers offer a letting module or a separate business legal expenses policy. Occasional letting of a few weeks a year is sometimes accepted; have that confirmed in writing beforehand.
Free choice of lawyer and what is not reimbursed
If your case becomes court or administrative proceedings, you may choose your own lawyer. The insurer reimburses those costs up to the maximum for external costsstated in the policy. What is not reimbursed: fines, penalty payments and settlement sums you have to pay yourself, disputes arising from intent, and tax or business disputes if you do not have that module. A dispute with your own legal expenses insurer also follows a separate disputes procedure.
What does your premium depend on?
- Modules chosen: home, traffic, income, tax
- Number of properties: the second property declared separately
- Use of the home: your own use or letting
- Location: the Netherlands or abroad
- Maximum external costs: the level of the reimbursement
- Household composition: a single-person or multi-person household
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.
Does my second home automatically fall under my existing policy?
Usually not. The home module normally covers only the address where you live. A holiday home, flat or second house has to be added separately, and not every insurer accepts that. Check this before you buy: a dispute arising before the property is on the policy is not covered and cannot be put right afterwards.
I am in dispute with the contractor. Can I instruct a lawyer straight away?
Not without discussing it first. In principle the insurer handles the case itself with its own lawyers. If you instruct a lawyer off your own bat, those costs are usually not reimbursed. If it comes to court or administrative proceedings, you have free choice of lawyer and the insurer pays up to the maximum for external costs in the conditions.
Does the cover also apply to a home abroad?
Sometimes, but on a limited basis. Insurers that accept homes abroad often do so only within Europe and only for certain types of dispute, such as purchase and neighbour disputes. Proceedings under foreign law with a local lawyer regularly fall outside the cover or under a lower cost ceiling. Have this looked into country by country before you buy.
What is the difference from liability insurance?
Liability insurance pays for the loss you cause to someone else, for instance as the occupier of a defective structure under Article 6:174 of the Dutch Civil Code. Legal expenses insurance does not pay for loss, but for the legal help to enforce your rights or fend off a claim. With a second home you need both; they do not overlap.
Does the policy cover a conflict with my VvE?
If the home is included, a dispute with the VvE about maintenance, the division of costs or a resolution taken usually falls under the home module. The rules belonging to the apartment right are decisive in that. Watch the deadline for setting aside a resolution: it is short, and once it has passed the insurer cannot repair it.
Read more
Within Rechtsbijstandverzekering
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Include a second home?
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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.