Fire safety duty of care under the Bbl: what does it mean for owners and users?

Since January 1, 2024, the Omgevingswet has been in effect, and with it the Besluit bouwwerken leefomgeving (Bbl). The Bbl contains several specific duties of care. For fire-safe use, Article 6.4 brings together and elaborates a number of duties of care from the old Bouwbesluit 2012. In this article you will learn which duty of care covers what, and how you can record that the fire protection provisions are in order.

Three duties of care, three subjects

The Bbl contains several duties of care. Article 3.5 concerns the condition of existing buildings, Article 6.4 fire-safe use and Article 2.6 relevant building installations. Which obligations apply to an owner, user or other party depends on the situation.

Article 2.6 concerns installations, such as a fire alarm system or fire dampers that belong to an installation. It is not a general rule for every construction product. According to the Informatiepunt Leefomgeving (IPLO), the instructions of manufacturers, suppliers and installers are an important starting point.

What falls under fire-safe use?

The duty of care under Article 6.4 applies alongside the specific rules of use in the Bbl. Even in a building that complies with the technical regulations, its use can create a dangerous situation. IPLO mentions, among other things:

• allowing a fire-unsafe situation to continue, even if someone else caused it;
• inadequate checks after penetrations are added to or changed in separations that must be fire- or smoke-resistant.

That last point means: check after work is carried out. It is not a general obligation to inspect every year. Read IPLO's explanation of the specific duty of care for fire-safe use.

Who is responsible?

That depends on the duty of care and the situation. Owners, users and landlords may each have obligations: the condition of the building is a different question from its day-to-day use. In multi-tenant property it is therefore wise to set out in lease and management contracts who manages which provisions, who commissions work and who checks afterwards. Pointing at each other does not help after an incident.

How do you record that the provisions are in order?

The Bbl contains no general rule that the owner must always prove everything is in order. Good documentation does help to show that the provisions are present, correct and maintained. For example, record:

• where the fire protection provisions are (compartmentation, doors, seals, dampers, structural protection), preferably on a drawing;
• which system was applied, with its documentation;
• when inspections and maintenance were carried out, and with what result;
• that separations were checked after work and, where necessary, repaired within the system's conditions of application.

There is no legally prescribed form. A logbook is a practical way to keep track of this. A digital logbook with floor plans makes it quick to present during an inspection or a question from your insurer. Read more about our digital logbook.

Oversight and enforcement

Usually the municipality is the competent authority. The safety region or fire service advises and may, depending on local arrangements and powers, be involved in supervision. In the event of a violation, the competent authority can take enforcement action, for example with an order subject to a penalty or an administrative enforcement order.

Insurers may also set their own conditions, for example on maintenance and documentation. What this means in the event of a claim depends on the policy.

Frequently asked questions