Liability for Defective Buildings in Zoetermeer
Liability for defective buildings governs a unique branch of liability law, where the keeper of a building or structure in Zoetermeer is directly responsible for damage caused by a defect. Proof of fault is not required; it is strict liability that protects residents against accidents like loose roof tiles or wobbly balconies in local apartments. This article focuses on personal injury law specific to Zoetermeer and links to our piece on personal injury from defective chattels.
What is a building and when is it defective?
Under Article 6:173 of the Civil Code, a building is a fixed structure such as a house, apartment complex, shed, fence or balcony in Zoetermeer, permanently connected to the ground. Unlike defective chattels (movable objects like appliances), buildings are immovable.
A building is defective if it fails to meet the expected safety standards during normal use, due to design flaws, construction defects, poor maintenance or worn components. The District Court of Zoetermeer follows Supreme Court precedents such as ECLI:NL:HR:2003:AH4645, where a defect unnecessarily heightens the risk of harm.
Legal Basis
At the core is Article 6:174 of the Civil Code: "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 shifts the burden of proof.
- Article 6:175 of the Civil Code: Keeper is the owner or possessor at their own risk (such as tenants in Zoetermeer).
- Article 6:176 of the Civil Code: Builder liable in new construction projects.
- Article 6:179 of the Civil Code: Exceptions such as force majeure or victim's own fault.
These provisions from Book 6 of the Civil Code, effective since 1999, safeguard Zoetermeer residents.
Who bears liability as keeper in Zoetermeer?
The keeper bears primary responsibility, typically:
- Owner or VvE (common in Zoetermeer neighborhoods like Rokkeveense Zoom).
- Tenant with maintenance duties.
- Contractor until completion (art. 6:176 of the 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 proven:
- Damage (bodily injury, property or immaterial loss).
- Defect in the building.
- Direct causal link between defect and damage.
The keeper can defend by proving no causal defect, proper maintenance or fault by others.
Difference between Buildings and Chattels
Buildings: immovable; chattels: movable. Overview:
| Aspect | Defective Buildings (art. 6:174 Civil Code) | Defective Chattels (art. 6:186 Civil Code) |
|---|---|---|
| Nature | Immovable (houses in Zoetermeer) | Movable (products) |
| Liable Party | Keeper (VvE/owner) | Producer/seller |
| Burden of Proof | Keeper exonerates self | Victim proves |
| Examples | Collapsing balcony | Loose railing |
See defective chattels for details.
Practical Cases from the Zoetermeer Region
Case 1: Roof tile falls from Buytenwegh apartment onto cyclist, causing injury. VvE liable unless maintenance proven (see District Court of Zoetermeer, similar ECLI:NL:RBAMS:2018:1234).
Case 2: Staircase in Palenstein rental collapses, resulting in fracture. Tenant and landlord jointly and severally liable; report to Municipality of Zoetermeer would have helped.
Case 3: Seghwaert balcony fence collapses, child injured due to design flaw; builder liable.
Rights and Obligations
Rights of the Victim
- Compensation for pain and suffering, medical costs, lost wages, property damage.
- Demand for advance payment in injury cases.
- Free advice from Juridisch Loket Zoetermeer or no-win-no-fee lawyer.
Obligations of the Keeper
- Maintenance per art. 7:213 Civil Code (leases) and Municipality of Zoetermeer rules.
- Prompt repair of defects.
- Claim damage via private liability insurance.
Frequently Asked Questions
Am I as owner in Zoetermeer always liable?
No, prove proper maintenance and no causal defect. VvEs share responsibility.
Does a claim expire?
Yes, 5 years after damage (art. 3:310 Civil Code), or 20 years for hidden defects. File with District Court of Zoetermeer!
Rental property in Zoetermeer?
Tenant handles minor maintenance, landlord major; check lease law and Municipality of Zoetermeer.
Need an expert?
Yes, structural survey via Juridisch Loket Zoetermeer effectively proves the defect.