Who reports · communal or private · order of steps
Reporting a claim in a VvE
Who reports the damage depends on where it arose: the association reports damage to communal parts, and you report yourself what lies behind your own front door.
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A premium indication, not personal advice. Prefer to talk it through? Call 072 - 509 24 56.
In brief
With a flat there are two policies in play and therefore two reporting routes. Damage to the roof, facade, stairwell, communal pipework or the structure of your home goes through the board or the managing agent to the association's insurer. Damage to your furniture, appliances or a kitchen you installed yourself you report to your own home contents insurer.
If in doubt, do not wait. Article 7:941 of the Dutch Civil Code requires you to report the loss as soon as reasonably possible, and Article 7:957 DCC requires you to limit it. If it is unclear, simply report it in both places. That costs nothing and prevents you being caught between two insurers.
The structure of the cover in three parts, with an overview per situation below.
Article 5:112 of the Dutch Civil Code
Compulsory
Buildings insurance is required by law.
Rebuild value as the basis
All apartments
Communal parts
Personal risk
The board
Article 2:9 of the Dutch Civil Code makes no distinction.
Unpaid board members too
Joint and several liability
Recourse against personal assets
Optional
Additional
What else the association needs.
Liability as owner
Legal expenses
Accidents involving volunteers
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.
Where things go wrong in practice
Four points that make the difference between a policy that pays out and one that does not.
Report on time and report in full
Article 7:941(1) of the Dutch Civil Code requires notification as soon as that can reasonably be done. Late notification does not automatically mean the right to payment is lost: the insurer has to show that a reasonable interest of its own has been harmed, for example because the cause can no longer be established. Anyone who deliberately gives incorrect information in order to obtain a higher payment loses the right to payment entirely under paragraph 5 of that same article.
Limit the damage, but do not carry out final repairs yet
Sealing a leak, mopping up water or boarding up a broken window are things you have to do. Those mitigation costs are for the insurer's account under Article 7:957 of the Dutch Civil Code. Leave final repairs until the loss adjuster has visited or the insurer gives permission. First take photographs of the situation, keep damaged parts and gather purchase receipts and quotations before you clear up.
Water from above: three possible addresses
If the water comes from a communal riser, the association's policy is the one to respond. If it comes from the washing machine or bathroom of the flat above, it is a matter of that owner's liability under Article 6:162 of the Dutch Civil Code and their liability insurance. If the cause remains unclear, report it to your own home contents insurer; it can pursue recovery from the liable party itself.
What you pay yourself
What remains for the association or for you are the excess, any owner's interest that has not been declared separately, and consequential loss such as hotel costs or loss of rent where that is not included. Also excluded are gradual leakage and penetrating damp, damage caused by deferred maintenance and repair costs you incurred without permission while the loss adjuster had yet to visit.
What does your premium depend on?
Claims history of the association. The number of claims in previous years counts at renewal.
Excess chosen. A higher excess keeps small claims out of the statistics.
The nature of the recurring losses. Repeated water damage from the same pipe is assessed differently from storm damage.
The state of the roof, pipework and installations. The age of the pipework determines the chance of further leaks.
Preventive measures. Leak detection, smoke detectors and periodic inspection all count in the assessment.
Rebuild value of the complex. Remains the basis of the buildings premium when a claim is assessed too.
Insurers weigh these details differently. That is where your saving is.
How we arrange it
You request a quoteWe take stock of your activities, turnover 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.
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 board or the managing agent, to the association's insurer. Even if the consequences occur only in your flat, the association is the policyholder and therefore the party that reports. Pass your loss on to the board in writing with photographs and a date, so that there is a demonstrable moment of notification and the time limit in Article 7:941 of the Dutch Civil Code is met.
What if I report late?
Loss of the right to payment does not follow automatically. The insurer has to show that a reasonable interest of its own has been harmed by the delay, for example because the cause can no longer be investigated. So report old damage after the event as well, with an explanation of the delay. Only where there is an intention to deceive is the right to payment lost entirely.
May I have repairs carried out straight away?
You may always take emergency measures to prevent worse. Those costs fall under the duty to mitigate the loss. Final repairs wait for the insurer's approval or the loss adjuster's visit. If you nevertheless have everything replaced and throw the evidence away, the size of the loss can no longer be established and argument about the payment follows.
Can the VvE instruct its own loss adjuster?
Yes. If you disagree with the assessment by the insurer's loss adjuster, you can appoint your own. Many policies pay those costs up to a limit stated in the conditions; check that before you give instructions. If the two adjusters cannot agree, together they appoint a third who determines the size of the loss with binding effect.
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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