Flagpole safety in the Netherlands

A flagpole is a structure several metres tall that catches the wind all day. A well-installed and well-maintained pole is safe, but in a storm, when digging the foundation and when working on the pole, things can go wrong. This guide describes the risks and what Dutch legislation says about them.

Wind and storms

A flag catches a lot of wind, and a larger flag more. The force on the pole is greatest at the top, where the flag flies. According to the supplier Vlaggenmasten.nl, in strong wind and storms the flag is preferably taken down in good time. That reduces the load on the fabric, the hoisting system and the pole, and the flag lasts longer. According to the supplier, the wind load is greater on open ground or on the coast, and the pole, diameter and foundation are matched to it.

The manufacturer states what flag size a pole can take. A flag larger than specified puts more load on the pole than it is designed for. More is in the guide to flag sizes.

Cables and pipes

When digging for the foundation, there are often cables and pipes in the ground. According to the Land Registry (Kadaster), a KLIC notification is a legal requirement when digging with a digging machine, at least 3 and at most 20 working days before digging. Digging by hand is not subject to notification, but cables and pipes can be damaged then too. According to the Kadaster, service connections between the house and the plot boundary are sometimes missing from the KLIC information. More is in the guide to flagpole installation.

Overhead obstacles

A pole that falls or is tilted sweeps a circle the length of the pole. Trees, gutters, façades and overhead lines within that circle are a risk when installing and tilting. A flag that flaps against a tree or building also wears and can cause damage. The Handleiding voor het gebruik van de Nederlandse vlag asks that the flag does not obstruct traffic.

Tilting and working at height

A pole on a tilting base or in a mast tabernacle can be lowered in a controlled way to replace the pulley, the finial or the halyard. A pole of 6 metres or more is heavy and catches the wind. Tilting follows the manufacturer’s installation instructions, and in calm weather. On a fixed pole without a tilting option, work at the top is done with an aerial platform or by a specialist company. More is in the guide to flagpole mechanics.

The duty of care in the Bbl

The Buildings (Living Environment) Decree contains two duties of care that apply to a flagpole:

• Article 3.5 (existing structures): anyone who knows or can reasonably suspect that the condition of the structure may endanger health or safety is obliged to take all measures that can reasonably be asked to prevent that danger or stop it continuing.
• Article 7.4 (building work): anyone who knows or can reasonably suspect that the work may cause danger in the immediate surroundings takes the measures that can reasonably be asked. This also covers damage to roads and to property on an adjoining plot.

Liability

Under article 6:174 of the Dutch Civil Code, the possessor of a structure that does not meet the requirements that may be set for it in the circumstances, and thereby poses a danger to persons or property, is liable if that danger materialises. A flagpole that falls onto the neighbours’ car because of neglected maintenance or too weak a foundation falls under this. Whether an insurance policy covers such damage is set out in its terms.

Inspection

Regular inspection of the pole, the foundation, the halyard and the fixings reduces the chance of problems. According to the supplier, the halyard, the fixings, the finial and the moving parts are checked regularly. More is in the guide to flagpole maintenance, and about poles at businesses and public buildings in the guide to flagpoles for businesses.