Liability for defects in your apartment complex

Questioner

Moved into a new apartment in January 2007. The purchase included a storage room located in the parking garage. To this day, the parking garage is still not waterproof, meaning I have not been able to use my storage room for five years. The parking garage belongs to a separate VvE. I have been allowed to use a technical room for my stuff for about five years. But that space is definitely inadequate and is also used by the technical service for all kinds of storage. I can't even store my newly purchased electric bike there. The contractor has been trying to waterproof the garage and my storage room for more than five years (without success). The seller (housing association) continues to hide behind the contractor and has therefore still not provided a good alternative. I think I have been too patient. My question: “Is it possible to hold the selling party, the contractor or both liable?”

Lawyer

The apartment complex in which your home and storage space are located was undoubtedly built under GIW guarantee (nowadays Woningborg or SWK), which provides a 10-year guarantee for defects such as these in your storage space. In addition to holding the housing corporation liable as the seller on the basis of the purchase agreement (you did not receive what you were entitled to and you are being hindered in your use of the storage space despite being offered an alternative space), you can also invoke this GIW guarantee. At www.giw.nl you can find more information on how to approach the contractor in this way.

Lawyer

You can appeal to the court on the grounds of error regarding the cellar not being waterproof and ask a judge to change the consequences of the purchase agreement for that reason: for example by determining that the housing association must offer a good alternative (6:230 BW). Alternatively, you can ask for damages or partially dissolve the agreement and reclaim the purchase price for the storage space.