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Water damage in an apartment. Who pays what?

The most common question after water damage in a Dutch apartment building, and rarely a simple one. Below: the main rule, the exceptions, and what to do when the parties cannot agree.

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Explained without legal jargonBased on the deed of division and model regulationsWe record the cause in a report

Which situation applies to you?

Tap what fits. Each situation leads to a different split.

Think of a riser pipe, the roof, the facade or piping inside a load-bearing wall. The owners' association is then responsible and the repair usually runs through the association's buildings insurance. The affected owner normally pays only their share of the excess, if the general meeting has decided it that way.
For example a leaking washing machine, a shower drain or pipework inside the apartment. That owner is then liable for the damage caused to others. Their liability insurance often covers it, but not always — where there is deferred maintenance an insurer may refuse.
Furniture, flooring, appliances and clothing fall under your contents insurance, regardless of where the cause lay. The building itself — ceiling, plaster, fitted kitchen — falls under the buildings insurance. The two are separate.
This is the hardest situation, and the most common. Without an established cause no insurer can assess who should pay, and residents keep pointing at each other. Investigation is the only way out: only once the source is proven can the split be made.
Then the model regulations referred to in the deed apply. These set out which parts are communal. If it is not explicit there either, the factual situation decides: where the cause lay, and who had control over it.
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How we handle it

  1. Establish the cause

    Without an established source the cost split cannot be made. We trace the cause and record it technically.

  2. Test against the deed

    We check whether the building element is communal or private under the deed of division and the model regulations.

  3. Record it in the report

    The damage report sets out where the cause lay and which part falls under which insurance.

  4. Register with the right party

    With your authorisation we register the claim with the insurer it concerns.

  5. Repair

    After approval we carry out the repair, with an itemised quote up front.

What it costs

A leak detection is a separate assignment at a fixed rate, which you hear in advance. Many insurers reimburse tracing costs when the leak itself is covered — send your policy schedule and we will check that before we come.

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Questions we are often asked

Who is liable if the leak comes from the apartment above?

It depends on exactly where the cause lies. If it is in a private part of the upstairs apartment — a connection, an appliance, silicone work — that owner is liable. If the cause is in a communal pipe that happens to run through their apartment, it is a matter for the association. That distinction decides everything, which is why it always starts with investigation.

What if the person responsible is not insured?

They remain personally liable for the damage. In practice the repair to the building often still runs through the association's buildings insurance, after which the association can recover the costs. How that works in your case is a question for your property manager or a lawyer — we supply the factual evidence.

Should the association pay the excess, or the affected owner?

This is not fixed in law but decided by the general meeting. Some associations place the excess with the owner where the cause lay, others spread it across all members. Check the minutes or the house rules; if nothing has been decided, it belongs on the agenda of the next meeting.

We disagree as residents. What now?

Have the cause established independently. A report with moisture readings, photos and a technical explanation takes the conversation out of the realm of assumption. Both parties receive the same document, so the discussion is about facts.

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