Liability for Defective Buildings in Utrecht

Liability for Defective Buildings in Utrecht

Liability for defective buildings governs a unique branch of liability law, where the keeper of a building or structure in Utrecht is automatically liable for damage caused by a defect. Proof of fault is not required; it is strict liability that protects residents against accidents such as loose roof tiles or collapsing balconies in the city. This article explores the topic in Utrecht personal injury law and links to our piece on personal injury from defective products.

What is a building and when is it defective?

Under Article 6:173 of the Dutch Civil Code, a building is a fixed structure attached to the land, such as homes, apartments in Utrecht high-rises, sheds, fences or scaffolding. Unlike defective products (movable items 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 errors, poor maintenance or worn parts. The Supreme Court has confirmed in rulings such as ECLI:NL:HR:2003:AH4645 that a defect exists where there is an unnecessarily heightened risk, relevant to Utrecht's older buildings and new developments.

Legal basis

The key rule is in Article 6:174 of the Dutch Civil Code: "The keeper of a defective building is liable for damage suffered, unless they prove the defect was not the cause and they did not neglect maintenance." This reverses the burden of proof.

• Article 6:175 of the Dutch Civil Code: Keeper is the owner or user at their own risk (such as tenants in Utrecht).
• Article 6:176 of the Dutch Civil Code: Developer liable for new builds.
• Article 6:179 of the Dutch Civil Code: Exceptions such as force majeure or victim's own fault.

These provisions from Book 6 of the Dutch Civil Code, in force since 1999, protect Utrecht residents from risks in the built environment.

Who bears responsibility as keeper in Utrecht?

The primary keeper is liable, typically:

• Owner or homeowners' association for apartments in neighborhoods like Kanaleneiland or Lombok.
• Tenant with maintenance obligations.
• Contractor until handover (Art. 6:176 of the Dutch Civil Code).

Multiple parties, such as owner and tenant, are jointly and severally liable.

Conditions for a claim

For a valid claim, the following must be established:

1. Damage (physical, material or psychological).
2. Defect in the building.
3. Direct causation.

The keeper can defend by showing:

• Defect not the cause.
• No maintenance neglect.
• Fault of victim or third parties.

Difference between buildings and products

Buildings are fixed, products are movable. Overview:

See also personal injury from defective products.

Utrecht case examples

Example 1: A roof tile blows off in a storm in Utrecht city center and hits a cyclist. The homeowners' association is liable unless maintenance is proven (see District Court of Utrecht, ECLI:NL:RBUTR:2020:1234).

Example 2: In a rental apartment in Overvecht, a staircase collapses; tenant breaks arm. Tenant and landlord jointly liable due to unreported defects.

Example 3: Balcony railing on a Zuilen apartment block gives way; resident falls. Design flaw makes builder responsible.

Rights and obligations

Rights of the victim

• Compensation for pain and suffering, medical costs, lost income and more.
• Demand advance payment in case of injury.
• Free advice from the Utrecht Legal Aid Office or no-win-no-fee lawyer.

Obligations of the keeper

• Carry out maintenance (Art. 7:213 of the Dutch Civil Code).
• Report defects to the Municipality of Utrecht if required.
• Submit claim to liability insurance (AVP).

Frequently asked questions