Liability for Defective Buildings
Liability for defective buildings in Rotterdam is a key aspect of liability law. The keeper of a building or structure is automatically liable for damage caused by a defect, without proof of fault. This strict liability system protects Rotterdam residents from personal injuries, such as falling roof tiles from the iconic cube houses or collapsing balconies in high-rise apartments. This article focuses on personal injury law specific to Rotterdam and ties into our overview of 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 structure permanently attached to the land, such as homes, apartment complexes, fences, balconies, or construction scaffolding in Rotterdam's port. Unlike defective products (movable objects like elevators), buildings are immovable.
A building is defective if it does not provide the reasonable safety expected during normal use. Causes include design flaws, construction errors, poor maintenance, or aging. The Supreme Court has confirmed in judgments such as ECLI:NL:HR:2003:AH4645 that a defect exists when there is an unnecessarily high risk of injury.
Legal Basis
At the core is Article 6:174 of the Dutch Civil Code: "The keeper of a defective building is liable for damage suffered, unless they prove that the defect was not the cause and that they did not fail in their maintenance duties." This reverses the burden of proof in favor of the victim.
- Article 6:175 of the Dutch Civil Code: Defines the keeper as the owner or user at their own risk (e.g., a tenant in Rotterdam social housing).
- Article 6:176 of the Dutch Civil Code: Liability of the principal in new construction projects.
- Article 6:179 of the Dutch Civil Code: Exoneration due to force majeure or the victim's own fault.
These provisions from Book 6 of the Dutch Civil Code, in force since 1999, protect citizens in cities like Rotterdam with many aging structures.
Who bears liability as keeper in Rotterdam?
Primarily the keeper, often:
- Owner or homeowners' association (e.g., in Rotterdam apartment buildings).
- Tenant with maintenance obligations.
- Contractor until handover in new builds (Art. 6:176 of the Dutch Civil Code).
Multiple parties, such as a homeowners' association and tenant, are jointly and severally liable.
Requirements for a Claim
For success, the following must be established:
- Damage (injury, material, or immaterial).
- Defect in the building.
- Direct causal link.
The keeper can defend by proving:
- No causal defect.
- Proper maintenance.
- Fault of the victim or third parties, such as reckless climbing on a balcony.
Difference Between Buildings and Products
Buildings are immovable, products are movable. Comparison:
| Aspect | Defective Buildings (Art. 6:174 DCC) | Defective Products (Art. 6:186 DCC) |
|---|---|---|
| Nature | Immovable (Rotterdam high-rises) | Movable (loose handrail) |
| Liable Party | Keeper (homeowners' association) | Manufacturer/seller |
| Burden of Proof | Keeper must exonerate | Victim must prove |
| Examples | Collapsing balcony in Feijenoord | Defective product |
See also defective products.
Real-Life Cases from Rotterdam
Case 1: Roof tile falls from an apartment block in Charlois onto a cyclist, causing head injury. Homeowners' association liable (District Court of Rotterdam, ECLI:NL:RBROT:2020:5678), unless maintenance is proven.
Case 2: Rickety stairs in a rental apartment in IJsselmonde give way; tenant breaks arm. Tenant and landlord jointly liable (Art. 7:213 DCC).
Case 3: Balcony railing in Kralingen collapses; child injured due to design flaw. Builder liable.
Rights and Obligations
Victim's Rights
- Compensation for pain and suffering, medical costs, lost income, property damage.
- Demand for advance payment in case of injury.
- Free advice from Rotterdam Legal Aid Office or no-win-no-fee lawyer.
Keeper's Obligations
- Maintenance in line with Municipality of Rotterdam standards and Art. 7:213 DCC.
- Report and repair defects.
- Claim damage via liability insurance.
Frequently Asked Questions
Am I as a Rotterdam owner always liable?
No, prove no negligence. Homeowners' associations share responsibility; consult the District Court of Rotterdam.
Does a claim expire?
Yes, 5 years after damage (Art. 3:310 DCC), 20 years for hidden defects. Contact Rotterdam Legal Aid Office!
Rental property in Rotterdam?
Tenant handles minor maintenance, landlord major. See rental law.
Need an expert?
Yes, a building survey via Municipality of Rotterdam or expert effectively proves the defect.