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9,5/ Reviews

Liability for property owners

In a claim about your premises everything turns on one question: was there a defect in the structure, and does the part that came away belong in law to that structure?

  • several insurers compared objectively
  • 9.5 customer rating for a new policy
  • AFM licence 12016589
  • Personal 072 - 509 24 56, weekdays 9–17

This page in another language: Nederlands

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.

  • We compare the offerings of several insurers
  • An adviser checks whether the cover suits your activities
  • We arrange the switch, including cancellation

Request a quote

A premium indication, not personal advice. Prefer to talk it through? Call 072 - 509 24 56.

  • Independent advice
  • Several insurers
  • Switching arranged
  • Help with claims

In brief

Article 6:174 of the Dutch Civil Code makes the possessor of a structure liable where that structure does not meet the requirements that may be set for it in the given circumstances and therefore creates a danger. That is a strict liability: whether you knew of the defect is not decisive for liability itself. The discussion is almost always about the standard, not about your good intentions.

More parts belong to the structure than owners expect. An advertising sign on the facade, a canopy, the boundary fence, the terrace, the paving on your own land and the pipework in the building are usually counted as part of it. If something comes away and hits a parked car or a passer-by, the claim goes to the owner in the right place.

The possessor is not always the person using the premises. Under a long lease possession lies with the leaseholder, in a building divided into apartments with the association and the apartment owners together. So establish who the possessor is in law before a loss occurs; otherwise the discussion only starts after the victim has come forward.

Independent, personal, sorted quickly

We compare your personal liability insurance (AVP) across dozens of insurers, explain where the real differences lie, and arrange the switch from start to finish — without you having to chase it yourself.

Arranging personal liability insurance (AVP) through Finass VerzekertPersonal liability insurance (AVP)
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What does liability cover for property owners?

The structure of the cover in three parts, with an overview per situation below.

The basis

Rebuild value

What it costs to rebuild the premises.

  • Not the market value
  • Not the WOZ value (the Dutch property valuation)
  • Guarantee against underinsurance
Permanently fixed

What is included

Everything permanently attached to the building.

  • Building and installations
  • Outbuildings
  • Boundary fences
Optional

Extensions

What is excluded as standard.

  • Glass
  • Garden landscaping
  • Inherent defect and foundations

What is covered

SituationStandardWith extension
Fire, smoke and lightning strikeYesYes
Storm from force 7 upwardsYesYes
Water damage from a burst pipeYesYes
Glass breakageSometimesYes
Groundwater coming through the floorNoNo
Wear and deferred maintenanceNoNo

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.

What does your premium depend on?

  • Year of construction and type of structure. Older brickwork, timber structures and old balconies weigh more heavily than new build.
  • Public function of the building. Premises with customers visiting daily carry a different injury risk from a closed warehouse.
  • Presence of appurtenances. Advertising signs, canopies, balconies and terraces on the public highway increase the risk.
  • Maintenance regime. A documented inspection schedule with written records counts favourably in the assessment.
  • Legal position. Ownership, long lease or divided possession determines who is the insured and what is insured.
  • Sum insured per claim. Injury claims are calculated over the victim's remaining lifetime.

Insurers weigh these details differently. That is where your saving is.

How we arrange it

  1. You request a quoteWe take stock of your situation, your risk and your wishes.
  2. We compareseveral insurers, on premium as well as conditions.
  3. You receive a proposalWith an explanation of the differences and the exclusions.
  4. We arrange the switchIncluding cancellation, so there is no gap in cover.

Request a quote

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.

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.

View the reviews at NH1816 · all reviews on our site

Where things go wrong in practice

Four points that make the difference between a policy that pays out and one that does not.

What counts as a defect, and what does not

Premises do not have to be perfect. The yardstick is what may be expected in the given circumstances: more of a shopfront with the public passing than of a locked warehouse. A worn handrail, a loose paving slab on a walkway or a roof tile that comes away in normal wind is a defect. A storm of exceptional force or deliberate damage by a third party usually is not.

Appurtenances are the most common cause of loss

The large injury claims rarely come from the structure itself. They come from what hangs on it or lies around it: an advertising sign, a sunblind, a balcony railing, a drain in the paving, a slippery entrance. Include those parts expressly in your inspection round and keep a dated report with photographs for each round. When a claim comes, that report is the only thing that can demonstrate you took care.

Establish who the possessor is before there is damage

Ownership, long lease, building rights and division into apartments each place possession with a different party. A commercial occupier of defective premises can also be held liable in addition. When you take out a policy, state the correct legal interest. If you insure the premises in the name of a holding company while an operating company is the possessor, the insured is not the party that receives the claim.

What this cover does not pay

You pay to repair the defect itself. The policy pays the loss others suffer as a result. Damage caused by intent or wilful recklessness on the part of the insured is excluded under Article 7:952 DCC. Gradual effects, such as damp seeping through to the neighbours over the years, fall outside cover for a sudden event. Pure financial loss without injury or property damage is not covered here either.

Care, custody and control is excluded as standard

Damage to property that you have in your care: borrowed, hired, being worked on or held in safekeeping: is not covered by the standard cover. For professions where this is the core of the work, a separate care, custody and control module with its own limit is essential.

Public and employers' liability

The traffic gap

Your AVB excludes damage caused with or by motor vehicles. It is precisely there that the Hoge Raad (the Dutch Supreme Court) recognised a separate liability based on the duty to act as a good employer: an employer must arrange proper insurance for employees who take part in traffic for work. A WEGAS insurance policy fills that gap.

WEGAS insurance

Frequently asked questions

This is what people ask us most.

I knew nothing about the defect. Am I still liable?

In principle yes. Article 6:174 DCC is a strict liability: knowledge of the defect is not a requirement. Your defence lies not in ignorance but in the standard itself. You can argue that the structure met what could be expected of it in those circumstances. For that you need inspection reports, photographs and maintenance invoices.

Do my fence and advertising sign form part of the structure?

Usually yes. Works permanently joined to the land or to the building are counted as part of the structure, including boundary fences, canopies, advertising signs, paving on your own land and fixed installations. If such a part falls over or comes away and causes injury or property damage, liability runs through the same provision as for the facade or the roof.

Who is the possessor under a long lease or after division into apartments?

Under a long lease the leaseholder is in principle the liable possessor, not the bare owner. In a building divided into apartment rights, possession of the common parts lies with the owners jointly, represented by the association. Make sure the policy is in the name of the right party; otherwise the insured is not the one who receives the claim.

When do I have to report a claim?

As soon as you become aware of an event that could lead to a claim. Article 7:941 DCC requires you to notify as soon as that is reasonably possible and to provide all information relevant to the assessment. So do not wait for a letter holding you liable: report the incident, keep the damaged part and record the situation in photographs.

Ready to compare?

Request a quote without obligation. We will look at which insurer best matches your activities and your risk.

Request a quote

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 compiled by Finass Verzekert (LinkedIn). Last updated on .

The information on this page is general in nature and is not personal advice.