Liability, sentencing and insurance for burglary damage

Every year there are around 65,000 burglaries in the Netherlands. That is about 178 burglaries a day. In a burglary, not only are belongings stolen, but damage is also done to doors, windows and so on. Residents can also suffer psychological harm from a burglary. Who has to pay for this, and how is the burglar punished for it? The most important aspects are set out below. This page describes the situation in the Netherlands.

In addition, aggravating and mitigating factors can be taken into account, such as whether or not there was a confrontation with people present, a vulnerable situation (for example a burglary in a care home for the elderly) and any cooperation between offenders.

Liability for burglary

A burglar is liable for the damage they cause. They must then pay not only the actual (current) value of the stolen goods, but also the damage they caused during the burglary. Even psychological harm, such as the residents' fear, is eligible for compensation. It is actually simple: the burglar must pay 100% of the damage.

Role of the home contents insurer in liability for burglary

If, for example, a dog escapes during the burglary and later dies, the burglar is liable for this too. If the victim has home contents insurance, the home contents insurer will pay the residents compensation. If the burglar is caught later, the home contents insurer can claim the amount paid out from the burglar. Any damage not paid for, for example because of an excess or maximum payout amounts, can also be claimed by the residents from the burglar. That does not, however, give anyone free rein to simply let the consequential damage pile up.

Example of a liability claim after a burglary

For an example of this, we refer to a ruling by the District Court of Dordrecht (merged into the District Court of Rotterdam in 2013) (ECLI:NL:RBDOR:2011:BU7320). In that case, a burglar had stolen €9,451.50 from a clothing shop. In addition, there was damage to the mannequins, the camera was destroyed, costs were incurred to secure the camera footage for a long period and twelve locks were replaced. The court agreed that these costs were to be borne by the burglar. Interest was also applied to them. However, the court did not accept a claim of €3,893.90 in costs incurred for tracing by a private detective agency. Although this had contributed significantly to finding the offender, according to the court it had not been established that the police investigation would not have found the offender without these investigation results. The court therefore did not consider these costs reasonable and the claim was rejected.

Liability of third parties in a burglary

Unfortunately, burglars are not always traced. That does not mean that the residents cannot hold anyone liable. If someone else also made a mistake, that person may be held liable. They must, however, have made a mistake and that mistake must be attributable to them. There must also be a causal link between that mistake and the burglary damage. That is not so easy to prove.

In 2013, for example, there was a case before the District Court of Amsterdam (ECLI:NL:RBAMS:2013:BZ0499) in which a burglar had gained access to a home through a window. This window had been installed by a contractor and was supposed to have resistance class 2 for burglar resistance. In practice, that turned out not to be the case. The owner held the contractor liable for the burglary damage. However, the court concluded that there was no causal link between this mistake and the burglary damage. The owner was travelling at the time and there were other points of access to the home. If the window had had the required resistance class 2, the burglar would most likely have broken in another way. The burglary damage is therefore not at the contractor's expense.

Insurance for burglary matters

After a burglary, it is sometimes possible to receive compensation from the insurer. Various policies can play a role here. It is striking, in any case, that there are sometimes big differences between insurers.

Burglary in the home

In the case of a burglary in a home, the home contents insurer will pay for the damage in accordance with the policy conditions. With other forms of (aggravated) theft, that is not always the case. This concerns, for example, a thief who poses as a government official and tries to gain access to the home with a fake uniform and a pretext. Consult the policy conditions and the list of definitions to check whether the home contents insurance covers "theft" or "burglary".

• For what period do you receive the new value of the stolen goods?

• At what rate are the stolen goods depreciated?

• What is the maximum cover for burglary?

• Which deviations are provided for in the policy?

  • Audiovisual equipment and computer equipment: usually covered up to a maximum of €2,500 to €35,000 (big differences between insurers)
  • Jewellery and valuables: usually covered up to a maximum of €2,000 to €15,000 (increasing this as an option is almost always possible)
  • Money and securities: usually covered up to a maximum of €250 to €1,500

• Does an increased excess apply in some cases?

• Are there provisions for a "large urban area"?

  • Sometimes the maximum amounts are lower in a large urban area
  • Sometimes a higher excess applies (often €225)

The factors above must also be taken into account when comparing home contents insurance. It is not enough to look only at the period during which the new value is reimbursed if everything is then depreciated faster and there is also a high excess. These factors must therefore all be considered together.

Burglary outside the home

Theft from locked sheds and outbuildings is usually simply insured, but here too there are sometimes restrictions. Some insurers, for example, only pay for damage up to €250 here.

With other forms of burglary, it depends on the cover provided by the insurer. Think, for example, of a break-in to a car or a storage unit where contents are also kept. With many insurers, it is possible to also insure contents outside the home (often only in the Netherlands). Maximum payouts that are not very high usually apply. With most home contents insurers, the amount is €250.

Finally, with a break-in to a car, casco insurance also plays a role. The casco insurer will then pay for the damage to the vehicle. This has no consequences for your no-claims years. If it is not contents but factory-fitted accessories that are stolen, such as a built-in radio or GPS, the casco insurance will pay for the damage to these. With accessories fitted later, that is in principle not the case, but with some insurers it is possible to take out extra insurance for this.

The policy often also contains a clause under which goods may be stored elsewhere for some time, for example during a move.

Burglary in student houses

Home contents insurance for students usually contains an internal break-in clause. This means that not only must there have been a break-in at the student house, but a burglar must also have forced their way into the room. The home contents insurer will then not pay any compensation if the door of the room was not locked (even though the front door of the building was).

Premium discount for burglary prevention

With most insurers, it is possible to get a premium discount if you invest in burglary prevention. This does not, however, apply to just any DIY security. The premium discount, which can sometimes be as much as 20%, is in principle only granted if the house has the Police Secure Housing label (Politiekeurmerk Veilig Wonen) or meets the Borg standard for electronic security. Always ask your home contents insurer about the possible discount.

Dos and don'ts for burglaries

Burglars are often opportunists who want to take as little risk as possible. That is the case for around 80 to 90% of all burglaries anyway. This means that they do not have technical tools and look for weak spots. These are homes where nobody is present and where they can easily open a window, for example. Closing windows and doors when nobody is home, special anti-burglary hinge bolts, outdoor lighting, alarm systems and camera surveillance are ideal for keeping opportunist burglars at a distance. In addition, you should of course not make it easy for the burglar by sliding the spare key under the mat or by leaving tools lying around in the garden. Anyone who does all this properly would reduce the chance of burglary damage by around 95%.

In a limited number of cases, professional burglars are involved. They make burglary their job and often go about their work very meticulously. These career criminals usually have plenty of technical tools, are able to sabotage alarm and camera systems and, if necessary, use brute force. A characteristic of such professional burglars is that they mostly want to avoid confrontations (otherwise they would have become robbers) and that they deliberately look for victims. They therefore often focus on shops and businesses, but wealthy and especially older private individuals are also at risk. Here too, they try to strike when nobody is at home, and sometimes they follow their victims. Professional footballers, whose absence from home is known, are therefore a favourite target.

Burglary and neighbourhood watch networks are often very effective against such professional burglars. A burglar who is "addressed in a friendly way" will often make off straight away. They then know they have been seen. Do remember, though, that most burglars only give others one chance to catch them. So think carefully about whether it is better to leave that to the police. In addition, the main task is to protect valuable possessions, for example by storing them in a burglar-resistant safe.

If the burglar does gain access to the house while someone is at home, it is above all important not to confront the burglar. Burglars rarely intend to use violence against residents, but they do want to escape as quickly as possible. A resident can then be in the way, and things can go badly wrong. It is a better idea to simply make a lot of noise and let the burglar hear that someone is present. They will make off immediately. Do not forget to call the police straight away too, so that they can still catch them.