Is objective liability mandatory for your business? We find out.
Cafés, restaurants, function rooms, sports centres and shops often fall under the legal obligation. We check it by chat.
What does objective liability insurance cover?
The bodily and material damage third parties suffer from a fire or an explosion on your premises. It is mandatory for businesses that let the public in, and it works differently from your other policies on one point: it pays even when your fault has not been proven.
That is exactly what makes this insurance unusual. Under ordinary liability, someone has to show that you did something wrong. Not here. If a fire breaks out and visitors or neighbours suffer damage as a result, the compensation is settled, regardless of the cause or the question of fault.
What it does not cover is your own loss. Your building, your contents and your downtime fall under your fire policy, not under this one.
The law lists which businesses fall under the obligation. They include, among others, cafés, restaurants, function rooms, sports centres, shops, offices and amusement parks, with the floor area and the type of activity also playing a part.
If you fall under the obligation and have no policy, you pay the damage to third parties yourself and you risk a fine or a closure at inspection. If you are unsure whether your business is in that category, that is the first question we work out together.
What we work out in that conversation
We ask the questions that determine whether the obligation applies to you: what kind of business you run, how large your publicly accessible space is, how many people can be inside at once and whether you also host events there.
If your business falls under it, we go on and compare what different insurers propose. If it does not, we say that too, and then you do not need to take anything.
Because we are a broker and not an insurer, we have no policy of our own to sell. The law says what has to be covered, the insurer sets the price. We make sure you do not pay too much for something you are obliged to take.
Everything runs through chat and stays in the same conversation. If you rebuild, if your capacity changes or if something goes wrong, you pick up the thread where you left it.
How to start
You send a message through the chat on this page.
You answer a few targeted questions about your business. No long questionnaire.
You get a tailored proposal usually within two working days, explaining what is covered, up to what amount, and what is not in the policy.
If you agree, you confirm the proposal.
What a conversation with Ōmata looks like
You do not need to know which policy you are looking for, and there is no form to fill in.
Start your request
Viktor is online
You are talking to an AI assistant. You can ask for a human colleague to take over at any time.
- CustomerThe fire department is asking for an objective liability certificate. I have no idea what that is.
- ŌmataIt is the mandatory fire and explosion insurance for premises accessible to the public. If you have one, your insurer issues the certificate straight away. What kind of premises do you run?
- CustomerA café with a function room upstairs. We have public liability and a fire policy.
- ŌmataThis cover may be included, but it is not certain. How many people can be in the function room at once?
- CustomerAbout 150 at a reception.
- ŌmataNoted. Send me your policies — I will pass this on to our expert as urgent. You will know today.
Try it yourself
Who this is for
The obligation attaches to the business, not to the owner. If the public comes in, the question is not whether you need it but whether you fall into one of these categories.
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Cafés, restaurants and bars
The group the rules were written for, and where they are checked most strictly.
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Hotels and guest accommodation
Overnight stays bring the obligation into play regardless, even at small capacity.
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Clubs and function rooms
Many people, a lot of electricity and a lot of equipment in one space.
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Shops and larger retail spaces
Above a certain floor area a shop lands in the same category.
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Sports, cultural and youth premises
Including associations and non-profits with their own premises open to the public.
Who this is not for
- Anyone who does not let the public in. A workshop, a warehouse or an office with no public function is not covered by it. Public liability remains the policy that counts.
- Anyone who works by appointment only. A practice or studio people visit by appointment is usually not premises open to the public. Ask your municipality.
- Anyone selling online only. Without physical access for customers there is no obligation; your risk sits elsewhere.
- Anyone who only lets the property. The obligation sits with whoever runs the business, not with the owner of the building. When letting, do ask your tenant for their certificate.
What objective liability insurance covers
Objective liability insurance covers the bodily injury and property damage third parties suffer from a fire or explosion in your premises. What is special is not what it covers but how: the victim does not have to prove fault. That there was a fire or explosion and that damage followed is enough to be compensated.
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Injury to visitors Injury, medical costs and loss of income of customers, visitors and passers-by after a fire or explosion.
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Third-party property damage What is destroyed at the neighbours, in adjoining buildings or on parked vehicles.
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Without proof of fault That is the heart of the rules.
Under ordinary liability the victim has to show you did something wrong; here they do not.
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Injury to your own staff as third parties In so far as it is not an occupational accident, which follows its own statutory regime.
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Explosion without fire An explosion without a subsequent fire also falls under the rules; the two sit side by side in the law.
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Defence costs The cost of your defence when the extent of the damage is disputed.
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The certificate for the authorities The insurer supplies the proof of cover that the municipality or fire service can ask you for.
What objective liability insurance does not cover
Not covered are your own losses: your building, your contents, your stock and your lost revenue. Those belong in a commercial fire policy. Causes other than fire and explosion fall outside, and intent is never insured.
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Your own building and contents This policy protects third parties, not you.
Your own losses belong in a commercial fire policy.
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Your lost revenue The weeks you are closed after a fire are business interruption.
That cover sits in the fire policy and not here.
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Causes other than fire or explosion A customer who falls, a leak, a theft: those are ordinary liability cases and belong in public liability.
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Arson committed by you Never insured.
Arson by a third party is.
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Fines for not having the cover The penalty for failing to meet the obligation stays personal.
Just ask
The list is in the regulations, not on this page
The full list of premises and the floor-area threshold are set out in the regulations and change from time to time. If you are in doubt, your municipality or the fire service will settle it — both check it during an inspection anyway.
What determines the price
A figure without your details is a guess. What determines the premium, we can list.
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Type of premises
A club and a bookshop are not in the same class.
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Capacity
How many people can be inside at the same time.
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Floor area
The publicly accessible area, not the whole building.
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Fire risk
Open flame in the kitchen, deep fryers, smoke machines or fireworks.
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Installations
The state of the electrics and the inspection certificates.
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Sum insured
The law sets minimums; higher is possible and sometimes needed.
Frequently asked questions
Do I fall under this obligation?
If your premises are normally accessible to the public, probably yes. In practice: hospitality, hotels and guest accommodation, clubs and function rooms, shops above a certain floor area, sports and cultural venues and youth premises. The full list and the threshold are set out in the regulations; your municipality or the fire service will settle it.
What if I do not have this cover?
Operating without it can be fined, and the mayor can prohibit access to your premises until proof of insurance is produced. On top of that you remain personally answerable for the full loss of the victims, with no insurer in between.
Is this already in my public liability cover?
Sometimes, as a separate section in the same policy. It is not automatic. If objective liability is not named in so many words in your policy, you do not have it — even with extensive public liability cover.
I rent the premises. Who has to take this out?
The obligation attaches to the operation and not to the building. As tenant-operator you have to take it out yourself. If you own and let to an operator, ask for their certificate; your own fire policy does not replace it.
Does this also apply to my terrace?
The terrace forms part of the premises and counts for the risk assessment, but the obligation itself is about the premises as a whole. Always tell your insurer about a terrace, a marquee or an extension: it changes the risk.
What about a temporary event?
For one-off events indoors or outdoors there are separate arrangements, by the day or by the event. Mention it when you open your file: the venue, the capacity and the duration determine which arrangement fits.
Who is behind Ōmata?
Ōmata Insurance is the AI-first studio of the Induver group and a sister company of Group Induver NV: two companies within the same group, not parent and subsidiary. Ōmata puts you in touch with Group Induver NV, an insurance broker holding FSMA number 016880; that is where the advice and the policy come about. The full identification is set out in the legal notices.
About Ōmata
Ōmata is the AI-first insurance studio of Group Induver. You tell us what you want to insure over chat; usually within two working days you receive a proposal, drawn up by an insurance broker at Group Induver NV, registered with the FSMA under number 016880.
Ready to start?
Send us a message and tell us briefly what you want to insure. You get an immediate reply and your proposal usually within two working days.