Liability for Defective Buildings in Den Haag
Liability for defective buildings in Den Haag is a key provision in liability law. The keeper of a building or structure (opstal) is automatically liable for damage caused by a defect, without proof of fault. This strict liability protects victims of personal injury, such as from loose roof tiles on row houses in Den Haag or collapsing balconies in apartment neighborhoods. This article focuses on personal injury claims in Den Haag and connects to our piece on personal injury from defective products. Housing corporations and VvEs in Den Haag play a major role.
What is a building and when is it defective in Den Haag?
Under Article 6:173 BW, a building is a construction permanently attached to the land, such as homes in the Schilderswijk, apartments in Haagse Hout, or temporary scaffolding at municipal construction sites in Den Haag. Unlike defective products (movable objects like elevators), buildings are immovable.
A building is defective if it fails to provide the reasonably expected safety during normal use, due to design flaws, poor construction quality, neglected maintenance, or worn parts. The Supreme Court has confirmed in rulings such as ECLI:NL:HR:2003:AH4645 that an unnecessarily high risk of injury constitutes a defect. In Den Haag, the District Court of Den Haag frequently encounters this in older properties.
Legal Basis
At the core is Article 6:174 BW: "The keeper of a defective building is liable for damage suffered, unless they prove the defect was not the cause and that they did not neglect maintenance." This reverses the burden of proof.
- Article 6:175 BW: Keeper is the owner or user at their own risk, such as a tenant in a Den Haag rental property.
- Article 6:176 BW: Client liable in new construction, relevant for Den Haag municipal projects.
- Article 6:179 BW: Exceptions such as force majeure or victim's own fault.
These provisions from Book 6 of the BW (since 1999) offer stronger protection for Den Haag residents.
Who bears responsibility as keeper in Den Haag?
Primarily the keeper, typically:
- Owner or VvE (e.g., in Den Haag apartment complexes).
- Tenant with maintenance obligations.
- Contractor until handover (Art. 6:176 BW).
Multiple parties, such as a VvE and tenant, may be jointly and severally liable for buildings in Den Haag.
Requirements for a Claim at the District Court of Den Haag
For a valid claim, the following must be established:
- Damage (physical, material, or psychological).
- Defect in the building.
- Direct causation.
The keeper can defend by proving:
- No causal defect.
- Adequate maintenance.
- Fault of the victim or third parties, such as reckless behavior on a construction site.
Difference Between Defective Buildings and Defective Products
Buildings: immovable; products: movable. Overview:
| Aspect | Defective Buildings (Art. 6:174 BW) | Defective Products (Art. 6:186 BW) |
|---|---|---|
| Nature | Immovable (Den Haag apartments) | Movable (loose handrail) |
| Liable Party | Keeper (VvE) | Producer/seller |
| Burden of Proof | Keeper must exonerate | Victim must prove |
| Examples | Falling balcony railing | Defective product |
See also personal injury from defective products.
Real-World Cases from Den Haag and Surroundings
Case 1: Roof tile falls from Transvaal apartment onto cyclist, causing head injury. VvE liable unless maintenance proven (ECLI:NL:RBDHA:2019:5678).
Case 2: Rickety stairs collapse in rental apartment on Laan van Wateringsveld; tenant breaks arm. Tenant and landlord jointly liable; minor maintenance reporting required.
Case 3: Balcony railing fails in Segbroek apartment; child falls. Design flaw implicates builder.
Rights and Obligations in Den Haag
Victim's Rights
- Compensation for pain and suffering, medical costs, lost income, and more.
- Demand advance payment for injury.
- Free advice from Juridisch Loket Den Haag or no-win-no-fee lawyer.
Keeper's Obligations
- Maintenance per Art. 7:213 BW (leases) and Den Haag municipal rules.
- Prompt repair of defects.
- Claim damages from insurance (third-party liability policy).
Frequently Asked Questions for Den Haag
Always liable as owner?
No, prove no negligence. VvEs share responsibility; check bylaws.
Limitation Period?
5 years from damage (Art. 3:310 BW), 20 years for hidden defects. File promptly at District Court of Den Haag!
Rental Property in Den Haag?
Tenant handles minor maintenance, landlord major. See lease maintenance law and Den Haag reporting point.
Need an Expert?
Yes, structural survey proves defect; consult via Juridisch Loket Den Haag.