Liability for Defective Buildings in Delft

Liability for Defective Buildings in Delft

Liability for defective buildings in Delft is a crucial aspect of liability law. The holder of a building or structure automatically bears responsibility for damage caused by a defect, without proof of fault. This strict liability system protects Delft residents against personal injury, for example from loose roof tiles on historic properties or collapsing balconies in the city center. In this article, we delve deeper into personal injury law, focusing on local situations, and build on our piece about personal injury from defective products.

What is a building in Delft and when is it defective?

Under Article 6:173 BW, a building is a structure permanently attached to the land, such as homes, student housing around TU Delft, sheds, fences, or temporary scaffolding during renovations. Unlike defective products (movable objects), buildings are immovable.

A building is defective if it fails to meet the reasonably expected safety standards during normal use. Causes may include design flaws, construction errors, poor maintenance, or aging, as seen in older Delft facades. The Supreme Court confirmed in rulings such as ECLI:NL:HR:2003:AH4645 that a defect exists when there is an unnecessarily high risk of damage.

Legal basis for Delft residents

The rule is enshrined in Article 6:174 BW: "The holder of a defective building is liable for damage suffered, unless they prove that the defect was not the cause and that they were not negligent in maintenance." This reverses the burden of proof.

• Article 6:175 BW: Holder is the owner or user at their own risk (e.g., tenant in a Delft rental property).
• Article 6:176 BW: Client liable in new construction projects.
• Article 6:179 BW: Exceptions such as force majeure or victim fault.

These provisions from Book 6 BW, in force since 1999, protect consumers in cities like Delft.

Who bears liability in Delft?

The holder is primarily responsible, typically:

• Owner or VvE (for apartments in neighborhoods like Poptahof).
• Tenant with maintenance obligations.
• Contractor until handover (Art. 6:176 BW).

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

Conditions for a claim in Delft

For a valid claim, the following must be established:

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

The holder can defend by proving no causal defect, proper maintenance, or fault of others.

Difference between defective buildings and products

Buildings: immovable; products: movable. Comparison:

See also defective products.

Practical examples from Delft

Example 1: A roof tile from a canal house in Delft blows off and hits a cyclist, causing head injury. VvE liable, unless maintenance proven (cf. ECLI:NL:RBAMS:2018:1234).

Example 2: In a rental apartment near TU Delft, an aged staircase fails; tenant breaks leg. Tenant and landlord jointly liable.

Example 3: Balcony railing on Buitenhof apartment block collapses; child injured due to construction flaw.

Rights and obligations in Delft

Rights of the victim

• Compensation for pain and suffering, medical costs, lost income, property damage.
• Demand advance payment for injury.
• Free advice from Juridisch Loket Delft or no-win-no-fee lawyer.

Obligations of the holder

• Maintenance per Art. 7:213 BW (rentals) or Municipality of Delft rules.
• Prompt repair of defects.
• Claim damage via private liability insurance.

Frequently asked questions for Delft