Joint and several liability

Owners are liable alongside the VvE for its debts, each for their share. On a sale, buyer and seller are jointly and severally liable for recent contributions.

Those who were owners when a VvE debt arose are jointly and severally liable with the VvE for it, and, if the performance is divisible, each for a share in proportion to their contribution (article 5:113(5) BW). A creditor can therefore also pursue an owner, but only for that owner's share.

When an apartment is sold, buyer and seller are jointly and severally liable for contributions that became or will become due in the current or previous financial year (article 5:122(3) BW). The regulations can divide this differently (paragraph 4).

Towards the VvE, the buyer is liable no further than the amount shown in the board's statement attached to the transfer deed (article 5:122(5) BW). A correct statement therefore matters to both the buyer and the VvE.

See also: Statement on sale (5:122 statement), VvE contribution (service charge), Fraction (breukdeel), Owners' association (VvE)

Read more: VvE fees explained

Legal basis: Boek 5 BW, art. 5:113, 5:122