Where can I claim water damage?

Questioner

In my mother-in-law's apartment (2nd floor) water damage occurred in the ceilings and walls as a result of water that penetrated from the roof (3rd floor) and eventually came down through the ceiling. According to the VvE board this is damage that falls under the contents insurance of the resident, according to the contents insurance this damage falls under the buildings insurance of the VvE. The VvE claims that this is damage caused by severe weather, but the leak has (for the time being) been resolved by repairing the roof covering.

Lawyer

It sounds like a complex situation. Who exactly can be held liable for the damage depends on various factors. Both home contents and building insurance can provide coverage for water damage under certain conditions. In general, a building insurance provides coverage for damage to the building, that is to say the building itself and everything attached to it. The VvE is usually responsible for this building insurance. If the damage is caused by a defect in the building itself, for example as a result of poor maintenance of the roof, then the building insurance may provide a solution. A home contents insurance, on the other hand, generally covers loose items in the apartment such as furniture and electronics. If a leak in the apartment causes damage to these items, the home contents insurance can be called upon. In the case you describe, where water seeps from the roof into your mother-in-law's home, it seems logical to hold the VvE accountable for their responsibility. You could try to recover the damage from the VvE or the VvE's building insurance. However, the actual liability and which insurance provides coverage in this case depends on the specific circumstances and the provisions of the various policies. It would be wise to present this situation to a lawyer or attorney who specializes in VvE law or insurance law. Such a specialist can tell you exactly what to look for and how you can best recover the damages. ---------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.