Advanced Search

Ordinance On The Delimitation Of Property Categories And Repayment Of Loans By Transition To The Second Property Category

Original Language Title: Bekendtgørelse om afgrænsning af ejendomskategorier og indfrielse af lån ved overgang til anden ejendomskategori

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
Table of Contents

Confession for the demarcation of property categories and the granting of loans for the second property category

In accordance with section 14 (4), One, and paragraph 39, paragraph. 3, in the area of mortgages and mortgage bonds, etc., cf. Law Order no. 1412 by 10. In December 2007 :

Delimiting Property Categories

General provisions

§ 1. In the case of mortgage payments, the Foundation shall apply the rules for valuation and borrowing, including loan limits and loan types, for the property category to which the property may be taken into account under the provisions of paragraph 1. 2-3 and § § 2-14. If the panel according to the above provisions consists of several property categories, the institution shall employ and measure loans separately for the individual property categories, cf. however, section 14 (4). 3, in the area of mortgages and mortgage bonds, etc.

Paragraph 2. In the case of mortgaging of fixed property, the institution shall, by the same amount, be subject to similar veal to the property of the property category to which the right of use is attached.

Paragraph 3. In the case of property category rating, the institute shall be based on the legal use, including derogations, which may not, however, be personal. If there are a number of legal applications, it is the actual use that is essential, cf. however, section 2 (2). 3, section 3, paragraph 3. 2.

Skin housing for full-year use

§ 2. For the proprietary housing of the whole year, cf. Section 5 (5). 1, no. 1, in the field of mortgage credit and mortgage bonds, etc. are the properties of parcelhouses, rowhouses, cahoots, condos, condomination of the various parts, etc. which may be used in the name of the owner for the whole of the owner.

Paragraph 2. In addition, the subject of two family houses is covered by this property category, when at least one of the apartments is used by the owner.

Paragraph 3. Where a property is covered by paragraph 1. Paragraph 1, but not of paragraph 1. 2 is leased by the owner, it is only covered by this property category, if :

1) the property is leased under a contract agreement which has a maximum duration of 3 years and where the time limit may be considered to be sufficiently justified by the owner's relationship ; or

2) the owner of the contract law shall be able to terminate the tenant in order to use it to use it.

Paragraph 4. Housing houses for farm end-end cannot be mortaned as ownership housing for the health of the whole year, cf. however, section 12 (2). 3.

Fritidshuse

§ 3. At leisure houses, cf. Section 5 (5). 3, no. 1, in the area of mortgages and mortgage bonds, etc., are understood to mean residential buildings which are listed on a basis where the habitation is not permitted and property which can only be used for the purpose of accommodation only a part of the year.

Paragraph 2. A multi-state of leisure houses owned by the same owner and to which common buildings can be owned may be morteded as an office and business end, cf. § 11.

Private cooperative housing

§ 4. In private co-housing, cf. Section 5 (5). 1, no. 2, in the area of mortgage credit and mortgage bonds, etc., the residential flats owned by a private co-op, a residential company or a residence party governed by the rules laid down in Chapters II or III of Chapter II of the Act of Law cooperatives and other residential communities.

Paragraph 2. Housing apartments owned by real-estate companies, housing stakeholders and similar areas which comply with the provisions of Chapter III of the Change Housing Housing Association and other housing communities shall be counted as to this property category.

Paragraph 3. If the property contains at least 13 residential flats, the premises of the premises rented to other than residential premises are covered by the rules on this property category.

Private Residential Estate Rentable

§ 5. At private residential residential buildings, including the housing of free-assisted housing, cf. Section 5 (5). 1, no. 3, in the area of mortgage credit and mortgage bonds, etc., shall mean properties not covered by sections 2, section 4, or § 6 8, which contain only inhabitable flats or single rooms that are legally allowed to be used for the hayeing and which are : leased or determined for rental.

Paragraph 2. Property, containing at least three residential units, is calculated for this property category, whether the owner occubuers an apartment in the property.

Alment housing

§ 6. Epiment housing, cf. Section 5 (5). 1, no. 4, in the area of mortgage credit and mortgage bonds, etc., the general family, youth and senior housing belonging to the general housing organisations, which are approved for general housing, see in accordance with the general public ' s premises. Paragraph 1 of the law on general housing, etc. In general housing, is also understood to mean public-housing housing belonging to municipalities, regions and self-balanced institutions, as well as the general youth housing that belong to the self-contained institutions.

Juvenile housing

§ 7. At youth housing, cf. Section 5 (5). 1, no. 5, in the area of mortgage credit and mortgage bonds, etc., shall mean the collegiate and juvenile housing shall be provided with support after building support, collegiate or housing projects.

Elder housing, etc.

§ 8. In the housing of the elderly, cf. Section 5 (5). 1, no. 6, on mortgages and mortgage bonds, etc., are taken care homes and sheltered homes mentioned in section 192 of the Law on social services, facilitate collectim housing, as well as housing provided for housing for housing ; the elderly and persons with disabilities belonging to self-supporting institutions.

Industrial and Craft-Handworks

§ 9. In the area of industrial and craft service, cf. Section 5 (5). 3, no. 3, in the area of mortgages and mortgage bonds, etc., shall mean properties that are rented to industrial or craft production or product processing, or used by the owner for such purposes. The following may be mentioned :

1) Plant plant.

2) Appenders.

3) other industrial production facilities.

4) Water works and energy utilities which are not covered by section 10.

5) Rescuing installations and other waste treatment facilities.

6) Workplaces and other premises in which the production or production of goods is carried out.

7) Butiques where production or other product processing is predominating in the case of products.

Paragraph 2. In addition, the rules governing the stowing of buildings for industrial and craft services are also building and grunting which are not directly used for production or product processing if the areas are an integral part of a property to : industrial or artisanal purposes and shall operate such a manner in which they are not commonly applicable. The following may be mentioned :

1) Offices.

2) Storerooms.

3) Portner or functional housing.

4) Band-Aces.

5) Parking lot.

Collective Energy Utilities

§ 10. For collective energy supply facilities, cf. Section 5 (5). 3, no. 4, on mortgages and mortgage bonds, etc., shall mean installations for the production, transmission, distribution or storage of heat, electricity or brand-gases to a multiunit of properties.

Office and business end

§ 11. In office and business end, cf. Section 5 (5). 3, no. 2, in the area of mortgages and mortgages and so on, properties that are either rented to the administration or service undertakings, etc., or used by the owner for administration or service activity, and so on may be mentioned :

1) Office areas, unless they are an integral part of an estate for industrial or craft services and serves this or has such a sense in which they are not applicable in the form of a suitable use, cf. Section 9 (1). 2.

2) Shows where there is not a predominating process of production or other product processing of goods.

3) Storerooms that are an integral part of or used by serviceo. The parable and the self-employed storerooms which have such an effect that they are commonly applicable.

4) Restaurants, Croes and Similar places.

5) Hotels and holiday countries.

6) Congressionatories and training centers.

7) Camping.

8) Traffic terminals, service stations, firehouses, auctioning centres and export stables.

9) Property for social, cultural and educational purposes which are not covered by section 13.

Landbrug and forestry navigation, gardeners and so on.

§ 12. In the case of wheeled agricultural and forestry, gardensiery and so forth, cf. Section 5 (5). 2, in the area of mortgages and mortgage bonds, etc.,

1) the holdings listed under the agricultural law as agricultural, including forestry and horticulture estates, and fruit orchard ; and

2) properties not listed as agricultural navigation, but which are used for agricultural or related commercial production, including forestry and horticulture holdings, fruit planters, pellet and limetime, and steam, and where, where : The exercise is of crucial importance to the owner's economy.

Paragraph 2. Owners listed as agriculture and where buildings are designed for other commercial exploitation can either be valued and mortqueed according to the rules for the property categories in question, cf. Section 1 (1). Paragraph 1 shall be added to the agricultural value and shall be paid in accordance with the rules on agricultural navigation.

Paragraph 3. Owners in the area of 10 hectares of agriculture, but where vocational training is not of crucial importance to the owner's economy, can be paved to the rules of owner housing or leisure houses, provided that Section 2 or section 3 allows for this.

Paragraph 4. Housing in property as referred to in paragraph 1. 1-2 shall be morttted as agricultural end-end.

Properties for social, cultural and educational purposes

§ 13. In the property of social, cultural and educational purposes, cf. Section 5 (5). 1, no. 7, in the field of mortgage credit and mortgage bonds, etc., are the properties that are used for social institutions, recreational purposes, entertainment purposes, assembly of groups, sportsmen and classes of sport. The following may be mentioned :

1) Day institutions for children and young people, women's homes and daycare centres.

2) Hospitals.

3) Processing Sheeem.

4) Soldiers and sea shjem.

5) Museums and similar exhibition facilities.

6) Theatre.

7) House-house houses and civil houses.

8) Scout's huts.

9) Churches, including hairchurches and churches.

10) It's a dead end and an athlete's.

11) Schools, including schools, high schools, other schools for leisure learning, trade schools, commercial schools, technicalities, technical schools, chief engineer and machine schools, maritime schools, teachers schools, seminars, colleges and universities.

Paragraph 2. However, a property is covered only by paragraph 1. 1, provided that the general public has access to the property, where appropriate, for payment or fulfilment of certain access criteria, and one of the following conditions has been met :

1) The property owner does not receive an insignificant public support, either in the form of a public guarantee of activity support or to the repayment of the loan, or in the form of grants for the construction, operation of the property or activity support. The public support shall be valid for more than half the duration of the loan.

2) A tenant of the majority of the building ' s areas shall receive no insignificant public support either in the form of public guarantee of operating aid or public subsidies for the operation of the property or to the activity. The public support must be valid and the lease must be inconvenientable from the tenant side for more than half of the duration of the loan.

3) The property is leased to a municipality or other public authority on a lease that is insolvable for the tenant for more than half of the maturity maturity.

Other Properties

§ 14. In other properties, cf. Section 5 (5). 4, in the case of mortgage lending and mortgage bonds, etc., are understood unfounded reasons that are not PE, cf. sections 11 and 13, or an agricultural voyage, cf. section 12, and other properties not covered by Section 2-13.

Paragraph 2. A beset must be stocked as unbuilt, provided the real credit institution alone has the furnishness of it.

Paragraph 3. Grundareals with buildings may be mortgated by the property of the property category, which the buildings belong if the value of the land is valued without the buildable value. Provided that a builder value is assumed, cf. Section 22 (2). 1, in the Financial Authority's notice on the valuation and loan measurement and section 21 (2) of the Financial Authority, the valuation of the mortgage and loan. 1, in the financial statement announcement of the valuation of mortgages and loans in immovable property as a guarantee for the issue of specific credit bonds covered by mortgage bonds, and in particular covered securities, value recruitment and loan-measurement must be carried out separately for the basis on which the structure value relates, and the buildings with the remaining area.

Resumption of loans for the second property category

§ 15. Where a property is transferred within two years from the loan payment to other uses so that the property is transferred to another property category, the loan shall be deposited in the event of an exemption ;

1) the loan as a result of differences in the loan limit and value, including because of the loan limit. Whereas differences in valuation rules could only have been granted with a small percentage if it was calculated according to the rules of the new property category, cf. however, paragraph 1 4,

2) the loan could only have been granted with a shorter duration or faster amortization station, or

3) The loan type could not have been granted to the new property category.

Paragraph 2. The two-year period referred to in paragraph 1. 1 shall be taken into account in the case of pre-payment from the date on which the advance loan was surpassed to final loans.

Paragraph 3. The time for switching to another property category shall be taken from the date of the tenancy of the tenancy or trade, but the tenancy of the tenancy of the tenancy or the take-over date, if this is the date of the day. Where the lease or trade is not concluded, the time of transition from the date of termination of the previous application shall be taken into account.

Paragraph 4. The loan is fully recovered. In the case referred to in paragraph 1, 1, no. However, the loan shall only be reduced so that, in relation to the current value fixed in accordance with the new property category, the securities applicable to the loan limit for this property category shall be subject to security.

§ 16. The institution shall include, in the letter of the panel, provisions relating to the fall of the loan for the intake of the cases referred to in section 15, and the granting of borrowers to inform the Institute of the change in use made within two years of the loan payment.

Paragraph 2. Whispers the legal use, cf. Section 1 (1). 3, on a non-personal derogation with a remaining duration, which is either undetermined or less than the loan, the institute shall record the payment of the loan letter in the case referred to in section 15, if the property before the loan is in place ; the transcend mortization is transferred to another property category. It shall be the responsibility of the Institute to require the loan to be submitted as prescribed in section 15 (1). One and four.

Paragraph 3. It shall be the responsibility of the Institute to require the loan to be submitted as prescribed in section 15 if the institution of the borrower ' s notification, on application for new loans or on the approval of debt inheritance, or in any other way, is informed of the change in use.

Penalty and entry into force

§ 17. The penalty will be penalised by the penalty that violates paragraph 1 (1). One and two and sixteen.

Paragraph 2. Companies can be imposed on companies, etc. (legal persons) punishable by the rules of the penal code 5. Chapter.

§ 18. The announcement shall enter into force on 1. April 2008.

Paragraph 2. Financial sitsy notice no. 774 of 1. September 2003 on the demarcation of property categories and the granting of loans for transition to other property category is deleted.

Financial supervision, the 29th. February 2008 Henrik Bjerre-Nielsen/ Jørn Andersen