You remain the possessor · letting · abroad
Liability with a second home
A second home stands empty for most of the year. Your liability as the owner does not stand still.
Deze pagina in het Nederlands: Aansprakelijkheid bij een tweede woning.
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You remain the possessor
Article 6:174 DCC makes the possessor liable for damage caused by a defect in the structure. That is strict liability: whether you knew of the defect is irrelevant.
A roof tile that comes loose, a rotten handrail, a slippery jetty at a holiday home — where there is injury, the loss is calculated over the victim's whole life.
Letting is not private life
If you let the home, even occasionally through a platform, that is commercial use. Your personal liability insurance was not written for that and can refuse cover.
Report the letting and have it recorded which cover applies to it.
Maintenance at a distance
A property you rarely visit deteriorates without you noticing. Have it inspected periodically and record what was checked and when.
When a claim comes, the question is whether you could reasonably have known of the defect; that inspection file is your only defence.
Abroad
If the home is outside the Netherlands, the local law on liability, which can differ considerably. Check whether your policy covers that country and up to what amount.
Read more
Similar pages
- Letting and liability: what a property owner risks
- Premises liability insurance
- Liability and other miscellaneous risks: which cover belongs where?
- Liability insurance for business premises and homes: choosing the cover
- What is the purpose of liability insurance?
- Liability in property and real estate
- Why liability insurance is essential in the Netherlands
- Why liability insurance is essential for expats in the Netherlands
Frequently asked questions
The questions we are asked most often about this.
Am I liable while the property is empty?
Yes; as the possessor you carry strict liability for defects, whether or not you are there.
Does my personal policy cover letting?
Usually not; letting is commercial use and has to be reported.
What is my defence against a claim?
Demonstrable periodic maintenance and inspection with the date and the findings.
What applies to a property abroad?
The local law on liability; check whether your policy covers that country.
Do I have to report letting?
Yes, including occasional letting through a platform.
What about injury to a tenant?
That is liability with amounts calculated over the victim's whole life.
What is covered and what is not
What is covered
| Situation | AVP for private individuals | Cover for letting |
|---|---|---|
| A friend of your daughter staying over slips on the wet terrace | Yes | Yes |
| A tenant you found through a booking platform falls through a rotten decking board | No | Yes |
| A roof tile blows onto the neighbour's car while you are not there | Yes | Yes |
| The cleaner you hire weekly hurts her back carrying linen | No | Provided that |
| A guest damages the wooden floor of the property itself | No | No |
| Injury to a guest at your property in France, assessed under French law | Provided that | Provided that |
As soon as rent is paid the character of the use changes, and with it the policy the claim belongs on.