Since January 1, 2024, the Omgevingswet has been in effect, and with it the Besluit bouwwerken leefomgeving (Bbl). New compared to the old Bouwbesluit is an explicit, broadly formulated specific duty of care for fire-safe use. For building owners and managers, this is the most significant change.

What exactly does the duty of care say?

Article 3.5 of the Bbl stipulates that whoever uses or manages a building is obligated to take all measures that can reasonably be required to prevent fire hazards and their consequences. That applies even if you comply with all the concrete technical regulations, and even if your building has existed for years. The standard is a “sufficient level of fire safety”, and the burden of proof lies with you.

Who is responsible?

The duty of care lies with the user and the owner/manager. In multi-tenant properties, you can make contractual agreements with tenants, but legal responsibility for the shared fire safety provisions remains with the owner or manager. Pointing fingers doesn't help in the event of an incident.

What exactly must you be able to demonstrate?

  • That the fire protection provisions present are where they belong (compartmentalization, doors, seals, dampers, structural protection).
  • That they have been correctly executed, with tested systems.
  • That they are periodically inspected and maintained, with recorded results.
  • That after renovations the separations are repaired and recertified.

The logbook as evidence

There is no legally prescribed format, but in practice a up-to-date logbook the means by which you substantiate the duty of care. Per provision you record: what it is, where it is located (on the drawing), when it was inspected, with what result, and with what certificate. A digital logbook with interactive floor plans makes this clear in one go during an inspection by the safety region or your insurer. Read more about our digital logbook.

Oversight and enforcement

The competent authority (the municipality, on behalf of the safety region) provides oversight and can take enforcement action if a deficiency is found: a warning, an order subject to a penalty, or, in the most extreme case, closure. For larger risks, insurers require an up-to-date file as a condition, and in the event of a claim, they can limit coverage if maintenance cannot be demonstrated.

Not sure whether your file covers the duty of care? A quickscan quickly provides an initial picture; an inventory delivers the substantiated report.

Frequently asked questions

Yes. The duty of care under article 3.5 of the Bbl applies regardless of the building's construction year and regardless of whether you meet the concrete technical regulations.

A logbook in a specific format is not legally required, but you must be able to demonstrate that the provisions are present, correct, and maintained. A (digital) logbook is the practical means for doing so.

The competent authority (municipality / safety region) provides oversight. Insurers, too, request an up-to-date file during an inspection or in the event of a claim.

Want to know more about maintenance & inspection?

Periodic inspection and maintenance keep your fire protection provisions demonstrably in order.

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