A leaking shared roof often affects several apartments, but this does not yet determine who may bring which claim. The owners’ association (VvE), original buyers and current owners may have different roles. Begin with the division documents and construction contracts alongside the technical investigation. This guide helps boards and owners prepare a joint file. Reporting to the manager is practically useful but does not prove the correct contracting party has been approached for the correct rights holders. Have authority and deadlines checked early.
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1. Establish first what is shared
According to the Dutch central government, the VvE manages and maintains common parts. Exactly which components fall within them must be established from the deed of division, drawing and applicable regulations. A roof, terrace, window frame or pipe may raise questions that physical location alone cannot answer. Collect the complete documents and subsequent amendments.
For each defect, record its location, affected building element and consequences. Distinguish the problem with the component from damage inside a particular home. A common cause does not automatically turn every private loss item into a VvE claim. This distinction helps organise technical investigation jointly without combining different claims in one unclear invoice.
2. Establish who commissioned the construction work
For maintenance, the VvE may itself have appointed the contractor. In new construction, individual buyers often concluded sale or construction agreements. A developer may also hold a different role from the executing builder. Find signed contracts and compare the legal names. A name on a site board is insufficient contractual analysis.
Also check changes of ownership and any transfer of rights. The present resident does not necessarily hold precisely the first buyer’s contractual position. Ask which documents accompanied the sale and whether guarantees or claims were addressed. A joint technical report may be useful while each owner’s legal route nevertheless needs separate attention.
3. Do not confuse management authority with every contractual claim
The VvE’s management of the building does not automatically answer every question about claims arising from individual buyers’ agreements. Article 5:126 of the Dutch Civil Code and the chosen legal basis require focused assessment. In one Rotterdam District Court judgment, for example, acting under written mandates from original buyers and current owners played a decisive role in admissibility.
That judgment does not mean the same authorisation suffices for every complex. Establish on whose behalf or in whose name action is taken and the associated rights. Add relevant contracts and ownership history. A general declaration that the board handles everything for everyone may be insufficient for a specific claim, especially where former owners or private damage are involved.
4. Record general meeting decision-making
Check your own division regulations before the board engages an expert, starts proceedings or settles. The decisions, authorisation and financial scope needed depend partly on the act’s nature and applicable rules. Do not rely solely on a general statement that an ordinary majority always suffices. Investigate any representation requirements too.
Make the proposal concrete: which defects will be investigated, what costs are budgeted and who may take follow-up steps? Keep the invitation, agenda, resolution and minutes with accompanying documents. Ensure legal authorisation matches the actual procedural party and claim. A decision to fund investigation differs from unlimited authority to bind every owner to a full and final release.
5. Give the manager clear instructions
KVK distinguishes the meeting of owners and board as VvE bodies. A manager performs agreed tasks and is not thereby automatically authorised for every legal act. Check the management agreement and specific powers of attorney. Identify who sends complaints, assesses responses and approves costs. This prevents technical follow-up and formal representation becoming confused.
Use one central file with clear access for those working on it. Have individual owners supply their own damage and correspondence without broadly spreading unnecessary personal data. Confirm which notifications were actually sent to the contractor or seller. An internal residents’ portal report is not evidence that the external opposing party was contacted in time for the proper rights holder.
6. Investigate jointly and separate loss items
Ask an expert to describe causes, extent and repair options for each building element. Record which apartments require access and how photographs, measurements and old maintenance records will be collected. Make earlier interventions visible in the report. A construction defect may relate to execution, design or maintenance; investigate those possibilities before attributing every cost to one party.
Separate common repair costs, investigation costs and individual consequential losses. An owner might report a damaged floor while the VvE organises facade repairs. Keep invoices, estimates and explanations connecting each item to the defect. Avoid double counting where an insurer, owner or VvE has already paid or commissioned work.
7. Monitor the correct regime for each claim
Record contract date, handover, discovery and first protest. A joint process may encompass different sale, construction and guarantee positions. One owner’s deadline therefore need not coincide with another’s. Have timely complaints, limitation, any interruption and contractual expiry checked separately. Scheduling a general meeting or commissioning investigation does not automatically preserve external claims.
Wkb transitional law matters for liability after handover. IPLO states that Article 7:758 paragraph 4 of the Dutch Civil Code does not apply to agreements predating 1 January 2024. Moreover, do not automatically treat a VvE legal entity as a private natural person under that provision. Assess the protection applicable and departures expressly agreed in the particular construction contract.
8. Make a repair proposal or settlement workable
A joint agreement must clarify which parts will be repaired, who provides access and who checks the result. Discuss execution, temporary measures and communication with residents. Record which individual items remain outside the settlement. Payment to the VvE does not simply resolve an owner’s separate claim; the chosen representation and consent remain decisive.
Before signing, check again that the board has the required authority and all relevant rights holders participate. Keep the final approved text with resolutions and appendices. If agreement is impossible, give the lawyer an overview of both technical evidence and authority documents. The next step can then be assessed without first discovering that the intended claimant cannot sustain the contractual claim relied upon.
Frequently asked questions
May every owner approach a contractor on the VvE’s behalf?
Not automatically. Examine the division regulations, representation and specific claim; personal rights may additionally require their own route.
Is the manager automatically authorised to settle?
No. Check the management agreement, powers of attorney and required decisions. An administrative or technical instruction gives no general legal authority.
Does interior damage belong in the joint claim too?
That requires separate assessment. Identify common repair costs and individual consequential losses and determine the rights holder.
Sources
These sources relate to this page. For a specific case, check current rules and your own documents.
- Rijksoverheid — Wat houdt een VvE in? Accessed: 2026-10-23
- KVK — Splitsingsakte en beheerder Accessed: 2026-10-23
- Rechtspraak — ECLI:NL:RBROT:2024:12883 Accessed: 2026-10-23
- IPLO — Aansprakelijkheid en Wet kwaliteitsborging voor het bouwen Accessed: 2026-10-23
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Editorial team Construction law in the Netherlands
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