Buildings and owner's interest
- Rebuild value as the basis
- Have the letting noted on the policy schedule
- Kitchen, bathroom fittings and floors as owner's interest
- Declare outbuildings and fencing separately
Landlord · buildings · division of roles
Buildings insurance (opstalverzekering) when letting: what does the landlord arrange?
Where a property is let, the buildings insurance sits with the owner, not with the tenant. This page sets out what you insure as a landlord and where the occupant's responsibility begins.
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Deze pagina in het Nederlands: Opstalverzekering bij verhuur: wat regelt de verhuurder?.
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.
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- We compare the offerings of several insurers
- An adviser checks whether the cover suits your situation
- We arrange the switch, including cancellation
A premium indication, not personal advice. Prefer to talk it through? Call 072 - 509 24 56.
In brief
Buildings insurance belongs with ownership of the building. If you let a home, you as the owner are the one who takes out and pays for it. The tenant insures their own contents and their own liability. That seems obvious, but it often goes wrong on one point: an ordinary private buildings policy does not cover letting. That policy assumes the property is occupied by the policyholder.
So report the letting when you take out the policy or as soon as you start letting. The duty of disclosure under Article 7:928 of the Dutch Civil Code requires you to give full details of everything relevant to the assessment of the risk. If it turns out at the time of a claim that the letting was not known, the insurer may reduce the payout proportionately under Article 7:930 of the Dutch Civil Code, or refuse it entirely if it would never have accepted the property. You only notice that difference in a large claim, and by then it is too late to put right.
As a landlord you have two further roles. You are the possessor of the building and therefore liable under Article 6:174 of the Dutch Civil Code for damage caused by a defect in the building, even without fault on your part. And you run an income risk: if the property is out of use after damage, the rent stops. Also look at who pays for the buildings insurance.
Who insures what
With letting, the division between owner and occupant is sharper than many people think.
Home contents and tenant's improvements
The occupant's possessions and whatever they change in the property themselves.
- The tenant's own home contents insurance
- Tenant's interest: their own improvements
- Their own liability insurance
- Include it in the tenancy agreement
Loss of rent and liability
Two risks that the buildings cover itself does not deal with.
- Loss of rent only after covered damage
- Not for non-payment or vacancy
- Liability under Article 6:174 of the Dutch Civil Code
- A personal AVP excludes letting
What is covered
| Situation | Landlord | Tenant |
|---|---|---|
| The building, roof, facade and foundations | Yes | No |
| The kitchen and sanitary ware you let with the property | Yes | No |
| The occupant's furniture, clothing and appliances | No | Yes |
| Improvements installed by the tenant | No | Yes |
| Rent lost after covered damage | Provided that | No |
| Wilful damage and vandalism by occupants | No | No |
What is actually covered, including exclusions, limits and the excess, is set out in the policy conditions and the insurance card (verzekeringskaart) that you receive before you take out cover.
What you need to arrange as a landlord
Four points that determine the division of roles and the cover when letting.
Have the letting recorded on the policy
The most important step is an administrative one: make sure the policy schedule states that the property is let. A private home policy is not written for that and many insurers only accept letting on a separate let property policy. If you do not report it, the problem is not the cause of the damage but the information given: under Article 7:930 of the Dutch Civil Code the payout can be reduced or refused. Report later changes as well, such as letting room by room, vacancy or a business at home.
Separate owner's interest from tenant's interest
The owner's interest is everything you have installed and let with the property: kitchen, sanitary ware, floors, sun blinds, and with furnished letting the furniture as well. The tenant's improvements is what the occupant installs or changes themselves; they insure that on their contents policy. If that division does not match reality, nobody claims the right part when damage occurs. Record the condition and the inventory at the start in a schedule of condition with photographs, signed by both parties.
Arrange your liability separately
As the owner you are the possessor of the structure. Article 6:174 of the Dutch Civil Code places liability for damage caused by a defect in the building with the possessor, even if you knew nothing about it. A loose roof tile falling on a parked car, a balcony railing giving way or a defective staircase can lead to a claim, up to and including personal injury. Personal liability insurance (AVP) usually excludes the letting of property. So take out liability cover for property owners.
What no policy covers
A few risks remain outside the cover with every insurer. Not covered are, among other things, damage the tenant causes themselves, including vandalism by occupants, deferred maintenance, wear and design faults, a vacancy lasting longer than the period stated in the policy, and damage caused by cannabis cultivation or other illegal use of the property. Settlement, vermin and mould are also excluded, as are intent and recklessness under Article 7:952 of the Dutch Civil Code. Rent arrears are not a loss and never fall under loss of rent.
What does your premium depend on?
- Rebuild value: the basis of calculation
- Type of letting: a family, rooms or holiday use
- Construction type and roof covering: brick, timber or thatch
- Year of construction and state of maintenance: older premises, higher risk
- Periods of vacancy: between two tenants
- Form of cover and additions: loss of rent, glass, owner's interest
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.
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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.
Frequently asked questions
This is what people ask us most.
May I pass the buildings premium on to my tenant?
Buildings insurance is an owner's cost. You take it out and you pay it. In private sector and commercial letting, certain costs are sometimes settled through the service charges, but the buildings premium does not in principle belong there. For social housing, strict rules apply to what may be charged as service costs. Always set out any arrangements on this expressly in the tenancy agreement.
Is my tenant obliged to have home contents insurance?
Not by law, but you can include it as an obligation in the tenancy agreement. That is in your interest: a tenant without contents and liability insurance who causes a fire is usually unable to pay for the damage. Ask for proof of insurance at the handover of the keys and repeat that check when the contract is renewed.
Who pays for the damage if the tenant causes a leak?
You report damage to the building to your buildings insurer, provided the cause is covered. If the tenant is liable, your insurer can recover the damage from them or from their liability insurance. Where wilful damage or vandalism is involved, that is almost always excluded on your policy and you have to fall back on the tenant, the deposit or a legal claim.
If I let a flat, who insures the buildings?
With an apartment right, the owners' association insures the building collectively. That follows from the deed of division, for which Article 5:112 of the Dutch Civil Code provides the basis. As the owner you insure your owner's interest: the kitchen, floors and sanitary ware you installed. Check that the VvE policy is aware of the letting and that the sum insured is up to date.
What if I am not letting for a while?
Report the vacancy. An unoccupied property runs a greater risk of squatting, vandalism, copper theft and frost damage. Insurers then often limit the cover to fire, storm and explosion, raise the excess or set requirements for supervision. Beyond the vacancy period stated in the policy, cover can lapse. Where there is a risk of frost, drain the pipes and have the property checked periodically.
Read more
Within Opstalverzekering
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Also relevant
Do you let out a home?
Request a quote without obligation. We will check the form of letting, the sum insured and the conditions.
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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 written and checked by an adviser at Finass Verzekert. Last updated on .
The information on this page is general in nature and is not personal advice.