Liability for Defective Buildings in Tilburg

Liability for Defective Buildings in Tilburg

Liability for defective buildings in Tilburg falls under a strict liability regime. The keeper of a building or structure is automatically responsible for damage caused by a defect, without proof of fault. This no-fault liability protects victims in the region, such as from loose roof tiles on the Heuvel or collapsing balconies in Tilburg apartment blocks. This article focuses on personal injury law specifically for Tilburg residents and links to our piece on personal injury from defective products.

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

Under Article 6:173 BW, a building is a structure permanently attached to the land, such as homes in the Het Zand neighborhood, apartment complexes on Korvel, sheds, fences, or scaffolding at Municipality of Tilburg construction projects. Unlike defective products (movable objects), buildings are immovable.

A building is defective if it fails to provide the expected safety during normal use, due to design flaws, construction errors, poor maintenance, or worn parts. The Supreme Court confirmed in rulings such as ECLI:NL:HR:2003:AH4645 that an unnecessarily high risk level constitutes a defect – relevant for older buildings in Tilburg.

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.

• Article 6:175 BW: The keeper is the owner or user at their own risk, such as a tenant in Tilburg.
• Article 6:176 BW: Client liable for new construction, e.g., Municipality of Tilburg projects.
• Article 6:179 BW: Exceptions such as force majeure or victim's own fault.

These provisions from Book 6 of the Civil Code, in force since 1999, protect consumers in areas like West-Brabant.

Who bears liability as keeper in Tilburg?

Primarily the keeper, typically:

• Owner or owners' association for apartments in Hasselt or Westerhoek.
• Tenant with maintenance obligations.
• Contractor until handover in new builds (Art. 6:176 BW).

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

Conditions for a claim at the District Court of Zeeland-West-Brabant

For a valid claim, the following must be established:

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

The keeper can defend by proving no causal defect, proper maintenance, or third-party fault.

Difference between buildings and products

Buildings are immovable, products movable. Overview:

See also defective products.

Tilburg case examples

Case 1: Roof tile falls from apartment block on Doctor Deelenstraat onto cyclist, causing injury. Owners' association liable unless maintenance proven (see cases at District Court of Zeeland-West-Brabant in Breda, similar to ECLI:NL:RBAMS:2018:1234).

Case 2: Staircase in rental home on Schouwburgplein collapses; tenant breaks arm. Tenant and landlord jointly liable for unreported defects.

Case 3: Balcony railing in old Tilburg apartment falls; child injured due to builder's structural flaw.

Rights and obligations

Rights of victims in Tilburg

• Compensation for pain and suffering, medical costs, lost wages, property damage.
• Demand advance payment for injury.
• Free advice at Legal Aid Office Tilburg or no-win-no-fee lawyer.

Obligations of keepers

• Maintenance per Art. 7:213 BW (rentals) and Municipality of Tilburg rules.
• Repair defects and report to insurer (homeowners' liability insurance).

Frequently asked questions for Tilburg