If your home has been affected by recent flooding, your fire insurance should intervene. But the situation is a little more complex if you are a tenant.
Fire insurance also comes into play when your home is affected by a natural disaster such as recent flooding. Legally, it is not compulsory to take out a fire policy, but most lenders require it when taking out a mortgage loan. Rental accommodation is subject to a separate regime. Since the sixth state reform, the rental of residential buildings is a regional competence and the rules therefore vary according to the region.
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Fire insurance also comes into play when your home is affected by a natural disaster such as recent flooding. Legally, it is not compulsory to take out a fire policy, but most lenders require it when taking out a mortgage loan. Rental accommodation is subject to a separate regime. Since the sixth state reform, the rental of residential buildings is a regional competence and the rules therefore vary according to the region. Wallonia was the first Region to require tenants of housing to at least insure against fire, except for buildings which do not constitute a main place of residence and student accommodation. This has been the case since September 1, 2018. Unless otherwise agreed, the tenant must take out the policy before moving into the home and provide proof of payment of the premium each year. If he does not do so, the owner can ask his fire insurer to add a “waiver of recourse clause” against the tenant in his insurance contract (see box). In the Brussels-Capital Region, the tenant is not legally obliged to take out such insurance. The owner can however insert a clause in the lease contract which obliges the tenant to take out insurance. In practice, this is still the case. This is also possible for older lease contracts – and which are therefore not subject to recent legislation – in Flanders and Wallonia. In Flanders, the decree on the rental of property intended for housing obliges both the tenant and the owner to insure at least against fire and water damage. This mandatory rule applies to all lease contracts that have been concluded since January 1, 2019, but only when the home is rented as the place of main residence. The Flemish decree also governs student accommodation, but in this case fire insurance is not compulsory. “The explicit mention of water damage in the decree is nothing strange, comments Wauthier Robyns, from the Assuralia insurance federation. Most fire insurance covers water damage caused by a broken pipe, the overflow of a gutter, a failure of sanitary installations or household appliances and water infiltration by the roof. But these covers do not come under the basic cover imposed by the legislation. waters are often included as standard in fire insurance, but not always. ” Both parties – the tenant and the landlord – must verify with each other whether the compulsory fire insurance has indeed been taken out. For example by requesting proof of payment of the premium. If it turns out that a party has not complied with its obligation, it can be put in default by registered mail. If that is not enough, a justice of the peace can require the tenant or owner to take out insurance – and impose a penalty. And if such a decision still has no effect, the plaintiff can terminate the lease. The tenant is responsible for water damage and fire which he is at the origin. He will, for example, be liable for damages if he forgot to turn off the tap on his bathtub and causes irreparable damage to the wooden floors of the home. But thanks to the compulsory fire insurance, he will not have to reimburse the costs himself. As damage to third parties is also insured, this will also be the case if water has infiltrated into the apartment of the neighbor below. A leak in a pipe of a rented house is in principle the responsibility of the owner. In this case, it is therefore his fire policy that will intervene to cover the damage. A natural disaster, such as flooding, is also not the tenant’s responsibility, which means that the landlord’s police will also have to be called in to compensate for damage to the home (e.g. floors, walls, etc.). and electrical and heating installations). “Floods have all the characteristics of force majeure, confirms Wauthier Robyns. But the tenant can be held responsible if he has not informed his owner in time of water damage on the rented building. He is it is therefore important to immediately notify the owner in the event of a problem, which, moreover, is just common sense. ” And what if the tenant’s furniture – like furniture, electrical appliances, and clothing – has been damaged by the flooding? They will then be covered by its own fire policy. At least on condition that he included this furniture in the contract. Usually, but not always. And if so, it is possible that the compensation will be capped.
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