Deed of division · communal parts · rebuild value

Insurance in a VvE package

A VvE (Dutch owners' association) does not insure a building but a defined part of it. What is communal and what is private is set out in the deed of division, and that determines which policy applies when damage occurs.

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Deze pagina in het Nederlands: Verzekeringen in een VvE-pakket.

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

In brief

The heart of a VvE package is the buildings insurance, taken out in the name of the association and based on the rebuild value of the whole block. The association is obliged to keep the building insured. That follows from the division regulations attached to the deed. What falls within it is not self-evident: the deed identifies which parts are communal and which belong to the private section. Window frames, balconies, pipes behind stud walls and the floor structure are the most frequent subjects of dispute.

The association also needs its own liability insurance. The basis is Article 6:174 of the Dutch Civil Code: the possessor of a structure is liable for damage caused by a defect in that structure, even without fault. If a roof tile falls on a parked car or a visitor trips over a loose tile in the communal hall, it is for the association to answer. For the acts of the board itself, separate directors' and officers' liability insuranceapplies, covering the personal liability of board members.

To complete the package, the following are usually added: glass in the communal parts, legal expenses for disputes with contractors, suppliers and owners, environmental damage for clean-up after a leaking tank, for example, and personal accident cover for board members and volunteers doing jobs in the block. A a dormant VvE cannot escape this: the obligation rests on the association, even if it does not meet.

This page deals with one situation. The full overview is on SME insurance package.

Points to note
Frequently asked questions
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What to look out for

Four points at which VvE claims get stuck between the association's policy and the owner's.

The owner's interest falls outside the buildings policy

Improvements an apartment owner has made themselves, such as a luxury kitchen, a bathroom, a parquet floor or an extension, are not communal property. They fall under the owner's interest and must be insured by the owner. Residents' home contents are never covered on the association's policy.

Underinsurance through an out-of-date rebuild value

The rebuild value of a block is established periodically, usually with a valuation that remains valid for a number of years. If that validity expires, or if work has been done without a revaluation, a large loss risks a proportionate payout, the principle behind Article 7:960 of the Dutch Civil Code. Put the valuation date on the agenda of the general meeting, together with indexation.

Outstanding maintenance and the multi-year plan

Damage caused by outstanding maintenance, subsidence, wood rot or a known defect is excluded. A VvE that does not carry out its multi-year maintenance plan therefore runs a real risk: the insurer can decline a leak caused by worn roof covering. Damage to foundations and damage caused by groundwater also fall outside virtually every buildings policy.

Who works in the block

If the association has work carried out by residents or volunteers, a position arises resembling that of an employer. The duty of care under Article 7:658(4) of the Dutch Civil Code can also apply to someone doing work without an employment contract. Arrange personal accident cover and record which tasks are reserved to a professional party.

What does your premium depend on?

Rebuild value of the complex: the basis of the buildings insurance
Year of construction, construction type and state of repair: a multi-year plan that is carried out works in your favour
Number of apartment rights: and the proportion that is let
Use of the ground floor: shops or catering in the building raise the fire risk
Sections chosen: glass, legal expenses, environmental damage and personal accident
The association's claims record: leaks and storm damage in recent years

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

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Which policy pays

Situation	Buildings insurance	Liability, VvE
A roof tile blows off and lands on a visitor's car	No	Yes
That same storm punches holes in the roof itself	Yes	No
A visitor breaks a wrist on the freshly mopped entrance floor	No	Yes
A fire spreads from the communal meter cupboard to two apartments	Yes	No
A leaking oil tank under the car park has to be cleaned up	No	No
A long-running dispute with the contractor over the facade renovation ends in proceedings	No	No

The last two rows show why a package contains more than the building and liability alone.

Frequently asked questions

This is what people ask us most.

Who reports the claim: the resident or the board?

Damage to communal parts is reported by the board or the managing agent, because the association is the policyholder. A resident with water damage in their apartment reports it to the board and to their own home contents insurer. The two routes often run alongside each other; see reporting a claim in a VvE.

What if a leak comes from the apartment above?

Then the question is where the defect lies. A pipe forming part of the communal installation falls under the association's policy. A leaking washing machine or a private connection is a matter between the residents and their own insurers. The deed of division is decisive here, not the place where the water appears.

Is the board personally liable?

Board members can be held personally liable for improper management, for example for failing to keep the building insured, neglecting the maintenance reserve or entering into obligations without a decision of the general meeting. Directors' and officers' liability insurance covers such a claim; deliberate prejudice and fines remain excluded.

Our VvE no longer meets. Do we still have to insure?

Yes. An inactive association continues to exist by operation of law and remains obliged to keep the building insured. If the cover is missing and fire damage occurs, the owners jointly bear the cost of repair and a mortgage lender can hold the owner to their conditions. Reactivating the association is then the first step.

Insurance in a VvE package

In brief

What to look out for

The owner's interest falls outside the buildings policy

Underinsurance through an out-of-date rebuild value

Outstanding maintenance and the multi-year plan

Who works in the block

What does your premium depend on?

Frequently asked questions

Read more

Within Insurance packages

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Insurance in a VvE package

In brief

What to look out for

The owner's interest falls outside the buildings policy

Underinsurance through an out-of-date rebuild value

Outstanding maintenance and the multi-year plan

Who works in the block

What does your premium depend on?

Frequently asked questions

Read more

Within Insurance packages

Similar pages

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