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
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.
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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.
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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.
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.
Why arrange it through Finass Verzekert?
We look at the terms as well as the premium, and stay your point of contact when there is a claim.
Independent
We are not tied to one insurer and compare on the basis of an objective analysis of several companies.
One fixed adviser
You call or email someone who knows your file. No menu options, no changing call centres.
Switching without hassle
We cancel your old policy and align the start date, so you are never a day without cover.
Help with claims
We report the claim and monitor how it is handled. In urgent cases you can reach us on the emergency line.
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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.
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.
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.
Every situation is different. For these situations we have a separate page.
- Compare personal liability insurance (AVP)The main page
- Liability risks in property: how insurance protects you6:174 DCC, tenants and visitors, letting
- Liability and other miscellaneous risks: which cover belongs where?Article 6:162 of the Dutch Civil Code, Article 6:174 DCC ·. The limits of the AVP
- Liability insurance for business premises and homes: choosing the coverArticle 6:174 of the Dutch Civil Code, letting, injury and property damage
- How liability insurance protects you against risksInjury claims, defence, the limits of the policy
- Liability with a second homeYou remain the possessor, letting, abroad
- Liability in property and real estateNot compulsory, still needed, Article 6:174 of the Dutch Civil Code
- Insurance in the NetherlandsCompulsory, customary, supervision
- Insurance for expats in the NetherlandsDuty of care, compulsory third-party cover, liability
Read more
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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.
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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 compiled by Finass Verzekert (LinkedIn). Last updated on .
The information on this page is general in nature and is not personal advice.