Liability for Defective Buildings in Westland
Liability for defective buildings in Westland is a key provision in 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 victims in our municipality, such as from loose roof tiles on a greenhouse or collapsing balconies in apartments in Naaldwijk. This article focuses on personal injury law specific to Westland and links to our overview of personal injury from defective products.
What is a building and when is it defective in Westland?
Under Article 6:173 BW, a building is a permanent structure attached to the land, such as homes in Monster, greenhouses in Honselersdijk, sheds, fences or scaffolding. Unlike defective products (movable objects like machines), buildings are immovable and typical of Westland construction.
A building is defective if it fails to provide the reasonably expected safety during normal use. Causes include design flaws, construction errors, poor maintenance or worn parts. 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 injury.
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 they did not neglect maintenance." This reverses the burden of proof in favor of the victim.
- Article 6:175 BW: The keeper is the owner or user at their own risk (e.g., a tenant in Westland).
- Article 6:176 BW: The principal is liable in new construction projects.
- Article 6:179 BW: Exceptions such as force majeure or the victim's own fault.
These provisions from Book 6 BW, effective since 1999, effectively protect residents of Westland.
Who bears liability as keeper in Westland?
Primarily the keeper, often:
- Owner or HOA (for apartment complexes in 's-Gravenzande).
- Tenant with a maintenance obligation.
- Contractor until handover in new builds (Article 6:176 BW).
Multiple parties, such as owner and tenant, may be jointly and severally liable.
Conditions for a claim
For a valid claim, the following must be established:
- Damage (bodily injury, material or psychological).
- 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 the victim/third parties.
Difference between defective buildings and defective products
Buildings are immovable, products movable. Overview:
| Aspect | Defective buildings (art. 6:174 BW) | Defective products (art. 6:186 BW) |
|---|---|---|
| Nature | Immovable (houses, greenhouses) | Movable (machines) |
| Liable party | Keeper | Producer/seller |
| Burden of proof | Keeper exonerates self | Victim proves |
| Examples | Collapsing greenhouse roof Westland | Loose handrail |
Read more on products: personal injury from defective products.
Real-world cases from Westland and surroundings
Case 1: Roof tile from a home in Poeldijk falls on cyclist, causing head injury. HOA liable unless maintenance proven (similar to ECLI:NL:RBAMS:2018:1234).
Case 2: In a rental greenhouse in Kwintsheul, floor collapses, worker breaks arm. Tenant and owner jointly liable; minor maintenance must be reported.
Case 3: Balcony railing on Naaldwijk apartment gives way, child injured. Construction defect leads to claim against builder.
Rights and obligations
Rights of victims in Westland
- Compensation for pain and suffering, medical costs, lost income and more.
- Demand advance payment for injury.
- Free advice at Westland Legal Aid Desk or no-win-no-fee lawyer.
Obligations of keepers
- Maintenance per Article 7:213 BW (leases) and Municipality of Westland standards.
- Prompt repair of defects.
- Claim damage from insurance (liability policy).
FAQs for Westland residents
Am I as owner in Westland always liable?
No, prove no negligent maintenance and no causal defect. HOAs share responsibility.
Does a claim expire?
Yes, 5 years after damage (art. 3:310 BW), or 20 years for hidden defects. File at Westland District Court!
Rental property in Westland?
Tenant handles minor maintenance, landlord major. See lease maintenance law.
Need an expert?
Yes, building inspection proves defect; consult Municipality of Westland for inspections.