Landlord Obligations

Chimney Maintenance

Schoorsteenonderhoud

Regular chimney sweeping is a critical safety task that is often the tenant's responsibility if a fireplace is in use, while the landlord is responsible for the chimney's structure.

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The legal standards for accessibility in residential buildings, which are primarily enforced for new constructions and major renovations.

Balcony safety compliance refers to the legal requirement for balconies and railings to meet specific structural and safety standards.

No subsidy exists for basement waterproofing; a damp or leaking basement is a maintenance defect that the landlord is legally required to fix at their own cost.

The essential regular servicing of the central heating boiler, a legal responsibility of the landlord to ensure safety and efficiency.

Building code compliance is the landlord's duty to provide a property that meets the national technical standards for safety, health, and usability set out in the 'Bouwbesluit'.

An insurance policy that covers the physical structure of the property, which is the landlord's responsibility.

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A Critical Safety Obligation

For rental properties that include a functional fireplace (open haard) or wood-burning stove (houtkachel), chimney maintenance is not just a matter of upkeep—it is a critical safety issue. The primary task is regular chimney sweeping (schoorsteenvegen). When wood or coal is burned, a flammable, tar-like substance called creosote builds up on the inside of the chimney flue. If this buildup is not removed, it can ignite, causing a dangerous chimney fire that can spread to the rest of the building. Furthermore, a blocked chimney can prevent the proper ventilation of combustion gases, leading to a risk of carbon monoxide (CO) poisoning inside the home. The responsibility for this maintenance is a serious matter and is clearly divided between the landlord and the tenant.

The Division of Responsibility: 'Vegen' vs. 'Onderhoud'

Unlike the ambiguity of gutter cleaning, the law on chimney maintenance is more specific. The Besluit kleine herstellingen (Minor Repairs Decree) generally assigns the responsibility for periodic, preventative tasks to the tenant. This means that the regular sweeping (het vegen) of the chimney flue, typically required at least once a year if the fireplace is in active use, is considered the tenant's duty. The tenant is responsible for hiring a certified chimney sweep (schoorsteenveger) and bearing the cost. On the other hand, the landlord is responsible for the structural maintenance (het onderhoud) of the chimney itself. This includes repairing cracks in the masonry, fixing the lead flashing on the roof, and ensuring the overall structural integrity of the chimney stack. If the chimney is not drawing properly due to a structural flaw, it is the landlord's responsibility to fix it.

Skeptical View and Insurance Implications

The most significant risk for a tenant is being unaware of their responsibility. Many landlords fail to explicitly inform their tenants that they are required to have the chimney swept. This is a dangerous oversight. In the event of a chimney fire, the landlord's building insurance company (opstalverzekeraar) will launch an investigation. If they find that the fire was caused by a lack of regular sweeping, they may refuse to pay out the claim and could even attempt to hold the tenant financially liable for the damage. Therefore, it is absolutely essential for a tenant who uses a fireplace to have it professionally swept every year and to keep the official receipt (veegbewijs) from the chimney sweep as irrefutable proof of maintenance. This small document can save you from a catastrophic financial and legal battle.