Liability for Defective Buildings in Amsterdam

Liability for Defective Buildings

Liability for defective buildings in Amsterdam is a key aspect of liability law. The keeper of a building or structure bears automatic responsibility for damage caused by a defect, without proof of fault. This strict liability system protects Amsterdammers from injuries caused by incidents like loose roof tiles on canal houses or collapsing balconies in high-rise flats. This article focuses on personal injury law specific to the capital city and links to our overview of personal injury from defective movables.

What is a building and when is it defective?

Under Article 6:173 DCC, a building is a structure permanently attached to the ground, such as homes, apartment complexes, sheds, fences, balconies, or scaffolding. In Amsterdam, this often applies to iconic properties or modern flats. Unlike defective movables (movable objects like appliances), buildings are immovable.

A building is defective if it fails to provide the reasonably expected safety during normal use. Causes include design flaws, construction defects, neglected maintenance, or worn components. The Supreme Court has confirmed in rulings such as ECLI:NL:HR:2003:AH4645 that a defect exists when it creates an unnecessarily heightened risk of injury.

Legal Basis

At the core is Article 6:174 DCC: "The keeper of a defective building is liable for damage suffered, unless they prove the defect was not the cause and they did not fail in maintenance." This shifts the burden of proof in the victim's favor.

• Article 6:175 DCC: Identifies the keeper as the owner or user at their own risk (e.g., tenant).
• Article 6:176 DCC: Holds the building contractor liable for new constructions.
• Article 6:179 DCC: Provides defenses for force majeure or third-party fault.

These provisions from Book 6 of the DCC, introduced in 1999, ensure consumer protection relevant to Amsterdam residents.

Who Bears Liability as Keeper in Amsterdam?

The keeper is primarily responsible, typically:

• The owner, such as a homeowners' association in Amsterdam apartment buildings.
• The tenant with a maintenance obligation.
• For new builds: the contractor until acceptance (Article 6:176 DCC).

Multiple parties, like owner and tenant, may be jointly and severally liable.

Conditions for a Claim at the District Court of Amsterdam

For a valid claim, the following must be established:

1. Damage (bodily, material, or immaterial).
2. A defect in the building.
3. Direct causal link between the defect and damage.

The keeper can avoid liability by proving:

• No causal connection to the defect.
• Adequate maintenance in line with Amsterdam Municipality guidelines.
• Fault of the victim or third parties, such as reckless behavior.

Differences: Defective Buildings vs. Defective Movables

Buildings are fixed; movables are portable. Overview:

Read more on movables: personal injury from defective movables.

Amsterdam Case Examples

Case 1: A roof tile blows off a canal house, seriously injuring a cyclist. The homeowners' association is liable unless maintenance is proven (ECLI:NL:RBAMS:2018:1234, District Court of Amsterdam).

Case 2: In a Bijlmer rental apartment, an outdated staircase collapses; tenant breaks a leg. Tenant and landlord jointly liable for unreported defects.

Case 3: Balcony railing in Oud-Zuid gives way; child injured. Design flaw holds builder responsible.

Rights and Obligations

Rights of Victims in Amsterdam

• Compensation for pain and suffering, medical costs, lost income, and property damage.
• Demand for advance payment in case of injury.
• Free advice from Amsterdam Legal Aid Desk or no-win-no-fee personal injury lawyer.

Obligations of Keepers

• Maintenance per Article 7:213 DCC (leases) and Amsterdam Municipality rules.
• Prompt repair of defects.
• Report incidents to liability insurance (AVP).

Frequently Asked Questions