In Belgium

Water damage (degats des eaux / waterschade) is the most frequent type of insurance claim in Belgian residential property. It encompasses all damage caused by water in a dwelling: pipe leaks, overflows, roof infiltration, rising damp, and pipe bursts due to frost.

Who is liable?

  • Tenant’s fault (overflow from a bathtub, blocked drain due to misuse): the tenant’s fire insurance covers the damage
  • Building defect (burst pipe, roof leak, faulty plumbing): the landlord’s insurance covers structural repairs; the tenant’s insurance covers contents
  • Neighbour’s fault: the neighbour’s civil liability insurance covers the damage to your property

How it works

Declaration. The affected party declares the claim to their insurer within the deadline specified in the policy (typically 8 days). The insurer sends an expert to assess the damage.

Multi-party claims. Water damage often involves multiple insurance policies: the person who caused the damage, the person whose property was damaged, and sometimes a third party (co-ownership, neighbour).

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Good to know
In a co-ownership building, water damage between apartments is common. The co-ownership’s building insurance covers damage to common areas. Individual owners’ and tenants’ policies cover private lot damage. Establishing the origin of the leak is essential to determine liability.

Practical example

A pipe bursts in the wall of a rental apartment in Brussels, flooding the living room and the apartment below. The landlord’s insurance covers the pipe repair and wall damage (building defect). The tenant’s insurance covers their damaged furniture. The downstairs neighbour’s claim is covered by the landlord’s civil liability insurance, as the pipe is part of the building structure.