A defective building
- Article 6:174 of the Dutch Civil Code
- Loose roof tiles, facade elements, balconies
- Slippery or defective stairs
- Applies to hidden defects as well
Article 6:174 DCC · defective structure · tenants and visitors
Letting and liability: what a property owner risks
Anyone letting property is liable as the possessor of the structure for damage caused by defects in the building. Personal liability insurance usually does not cover that risk.
- several insurers compared objectively
- 9.5 customer rating for a new policy
- AFM licence 12016589
- Personal 072 - 509 24 56, weekdays 9–17
Deze pagina in het Nederlands: Verhuur en aansprakelijkheid: wat een vastgoedeigenaar riskeert.
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
As the owner of a building you carry a strict liability. Under Article 6:174 of the Dutch Civil Code the possessor of a structure is liable for damage arising because the building does not meet the requirements that may be set for it. No fault has to be shown: a roof tile that comes loose, a balcony floor that gives way or a defective handrail is enough. Also, ordinary liability in tort under Article 6:162 of the Dutch Civil Code continues to apply, for example in cases of neglected maintenance.
Many landlords assume that their personal liability insurance covers this. That is rarely so. The AVP excludes liability arising from the ownership of property that you do not occupy yourself, or from letting to third parties. Some policies make an exception for one let home or for the period during which a property is on the market. That is then set out expressly in the conditions and is subject to time limits.
For let property you therefore take out a liability insurance for property. That insures the liability connected with owning, managing and letting the property, towards tenants, visitors and neighbours. For commercial operation or several properties that runs through a business policy. See also when that insurance is made compulsory.
Where the liability comes from
Three sources of liability that arise when letting property.
Maintenance and management
Liability in tort for negligence.
- Article 6:162 of the Dutch Civil Code
- Not responding to reports from tenants
- A defective repair or installation
- No inspection of the boiler or the wiring
Grounds and installations
Damage to third parties arising from your land.
- 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 liability |
|---|---|---|
| A visitor injured by a roof tile that comes loose | No | Yes |
| A tenant injured by a defective handrail | No | Yes |
| Water damage to your neighbours from a leaking pipe | Provided that | Yes |
| Liability in short-term letting through a platform | No | Provided that |
| Clean-up costs for soil contamination on your own site | No | No |
| A fine or penalty payment from 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 landlords
Where liability around let property goes wrong.
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 building was defective and that the danger materialised. That makes a landlord's position fundamentally different from that of an ordinary private individual. If the property is used commercially, liability under Article 6:181 of the Dutch Civil Code can shift to the user, but that does not release you from the discussion or from the defence.
The AVP stops where the letting begins
Personal liability insurance is intended for family life, not for operating property. As soon as you let on a structural basis, ownership of the property usually falls outside the cover. Letting rooms, holiday letting and letting through a platform are often excluded too, or subject to strict conditions. Do not rely on what applied when you lived in the property yourself: letting is a different situation and has to be reported.
What a liability policy does not cover
Usually excluded are damage to the premises themselves, because that is buildings cover, and pure financial loss without property damage or injury. Also outside it are environmental damage and clean-up costs; there is a separate environmental damage policy for those. Fines, penalty payments and the cost of administrative enforcement are not insurable. Contractual penalties and guarantees that go beyond liability in law are excluded, as is intent and wilful recklessness under Article 7:952 of the Dutch Civil Code.
Report the actual situation
Insurers assess the risk on the basis of what you declare: the number of properties, their use, letting by the room, the presence of commercial space, the state of maintenance and whether anything is empty. When you take out the policy the duty of disclosure under Article 7:928 of the Dutch Civil Code; withholding information can reduce the payout or cause it to lapse (Article 7:930 of the Dutch Civil Code). If something changes during the policy term, report it. Notify a claim as soon as reasonably possible (Article 7:941 of the Dutch Civil Code) and never accept liability yourself.
What does your premium depend on?
- Number and type of premises: home, shop or business premises
- Type of letting: standard, room by room or short-stay
- Sum insured per claim: and the maximum per year
- State of maintenance: year of construction and maintenance plan
- Members of the public in the building: flows of visitors increase the risk
- Excess and claims history: previous 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 as a landlord even if I did nothing wrong?
Yes. Article 6:174 of the Dutch Civil Code places strict liability on the possessor of the structure. If the building does not meet the requirements that may be set for it and damage arises as a result, you are liable, even if you did not know of the defect. Maintenance records and inspection reports do help in the discussion about the size of the loss.
Does my personal liability insurance cover the letting?
Usually not. The AVP excludes liability connected with the ownership of property you do not occupy yourself, or with letting to third parties. Some policies make a temporary exception for a home that is on the market. Read the exclusions and take out separate liability insurance for let property.
What if the tenant causes damage to a third party?
In principle the tenant is liable. Even so, the owner is often approached first, certainly where there is injury or doubt about the cause. Your insurer then conducts the defence and recovers from the tenant where possible. Include in the tenancy agreement that the tenant maintains liability insurance of their own.
Is environmental damage covered as well?
No. Clean-up costs and soil or groundwater contamination are excluded on liability insurance. There is environmental damage insurance for that, which can cover both your own land and damage to third parties. For properties with an oil tank, a workshop or a hospitality use that is a real risk that has to be arranged separately.
Does anything change if I own several properties?
Yes. With several properties or commercial operation, letting is assessed as a business activity and the cover runs through business liability insurance. That has higher sums insured and separate sections for employer's liability if you use staff. Always declare the whole portfolio, including properties that are temporarily empty.
Read more
Within Aansprakelijkheidsverzekering
- Aansprakelijkheidsverzekeringthe main page
- Aansprakelijkheidsrisico s bij onroerend goed hoe beschermt een verzekering je
- Aansprakelijkheidsverzekering aansprakelijkheid en overige varia
- Aansprakelijkheidsverzekering voor bedrijfspanden en woningen hoe kies je de beste dekking
- How liability insurance protects you against risks
- Waarom een aansprakelijkheidsverzekering belangrijk is voor je tweede huis
- Aansprakelijkheidsverzekering voor onroerend goed wanneer is het verplicht
Similar pages
- Liability insurance for business premises and homes: choosing the cover
- Liability and other miscellaneous risks: which cover belongs where?
- Why liability insurance is essential in the Netherlands
- Liability in property and real estate
- Why liability insurance is essential for expats in the Netherlands
- How liability insurance protects you against risks
- Premises liability insurance
- Liability as a self-employed professional: which cover do you need?
Also relevant
- What is third-party liability?
- A VvE and liability: which insurance do you need?
- Why buildings insurance (opstalverzekering) is essential for the home you let
- Why buildings insurance (opstalverzekering) is essential for your second home
- Buildings insurance (opstalverzekering) when letting: what does the landlord arrange?
Is your letting liability properly arranged?
Request a quotation without obligation. We assess your letting situation and the exclusions on the policy.
Prefer to call? 072 - 509 24 56, weekdays 09:00–17:00.
Claim on the road? Emergency line 06 - 55 20 40 72.
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.
You will find our licence, KvK and Kifid details and our complaints procedure at the foot of every page.
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.