Article 7:928 of the Dutch Civil Code · non-disclosure · consequences
The risks of not reporting how the property is used
An undisclosed change is one of the most common reasons for a payout being reduced — including for a claim that has nothing to do with it.
Deze pagina in het Nederlands: De risico's van het niet melden van gebruik.
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The duty of disclosure
Article 7:928 DCC requires you to disclose, when taking out the policy, everything that matters to the insurer. That duty continues: if the situation changes, you report it.
It concerns facts the insurer would have taken into account in accepting the risk or setting the premium.
What people forget
A a business at home: a practice, a hair salon, web shop stock or a workshop. That is the most common omission.
Letting, including occasionally through a platform. That is commercial use and changes the risk.
Room letting, prolonged vacancy, and building work lasting months.
Solar panels, a wood burner or a charging point: these change both the rebuild value and the fire risk.
What the consequences are
If the insurer did not know, it can rely on non-disclosure when you claim. Depending on the situation that leads to a partial payout, refusal or cancellation.
That also applies to a claim that had nothing to do with the undisclosed circumstance. That is what makes it so sharp.
What you do
Disclose it. That is a phone call or an email, and it is almost always cheaper than you fear — sometimes the premium does not change at all. Keep the confirmation.
Frequently asked questions
The questions we are asked most often about this.
What is the duty of disclosure?
The duty under Article 7:928 of the Dutch Civil Code to disclose everything that matters to the insurer.
What is forgotten most often?
A business at home, letting, room letting and prolonged refurbishment.
What if I failed to disclose something?
The insurer may limit or refuse the payout, including for unrelated claims.
Do I have to declare solar panels?
Yes; they increase the rebuild value and change the fire risk.
Does disclosure always cost extra premium?
Often not; sometimes nothing changes. Disclosing is almost always cheaper than concealing.
What should I keep?
The confirmation of your disclosure; that is your evidence if there is a dispute.
What is covered and what is not
What is covered
| Situation | Declared | Not declared |
|---|---|---|
| After a conservatory is built, storm damage occurs to the whole roof | Yes | Provided that |
| Your partner, with two recent collisions, has become the regular driver of the car | Yes | No |
| A previous insurer cancelled your policy after two burglaries and now there is another break-in | Yes | No |
| Your sole trader business van has recently been kept in the garage and a fire starts there | Yes | No |
| During a six-month stay abroad a water pipe bursts in the empty house | Provided that | No |
| The alarm required by a clause in the policy has been switched off for months when a break-in occurs | No | No |
Rule of thumb: what an insurer would have asked about on the application, it should also hear about as soon as it changes.