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

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=115060

Ordinance on the delimitation of property categories and repayment of loans by transition to the second property category

Pursuant to § 14 (1) and § 39, paragraph 3, of the law on mortgages and mortgage bonds, etc., see. lovbekendtgørelse nr. 1412 by 10. December 2007, fixed:

Delimitation of property categories

General provisions

§ 1. By mortgage mortgage of immovable property, the Institute shall apply the rules of valuation and loan measure, including lending limits and loan types, for the real estate category, to which the property should be included in accordance with the provisions of paragraphs 2 to 3 and §§ 2-14. If the mortgage after those provisions consist of several property categories, an institution must appraise and measure out loans separately for each property categories, see. However, section 14, paragraph 3, of the law on mortgages and mortgage bonds, etc.

(2). By mortgage borrowing against the ideal shares of immovable property, the Institute shall similarly be pledged in accordance with the rules for the real estate category to which rights of use are linked.

(3). In the assessment of the real estate category, the Institute shall take as its starting point in the lawful use, including exemptions, which, however, should not be personal. If there are multiple legitimate uses, it is the actual application, that is decisive, see. However, § 2, paragraph 3, and article 3, paragraph 2.

Home ownership for all year use

§ 2. By home ownership for all year use, see. § 5 (1) (8). 1 of the law on mortgages and mortgage bonds, etc. means properties such as detached houses, townhouses, houses, condominiums, private apartments chain, etc. that can legally be used for year-round habitation for the owner.

(2). In addition, tofamilieshuse covered by this real estate category, when at least one of the apartments used by the owner.

(3). If a property covered by paragraph 1, but not by paragraph 2, are rented out by the owner, be included in the category, if only for this property





1) property is leased under a lease, which has a maximum residual maturity of 3 years, and where the time limitation must be regarded as adequately reasoned in the owner's circumstances, or

2) owner after tenancy can terminate tenant in order even to use the rented.





(4). Farmhouses for farm properties can not belånes as home ownership for all year use, see. However, article 12, paragraph 3.

Second homes

§ 3. By second homes, see. § 5, paragraph 3, nr. 1 of the law on mortgages and mortgage bonds, etc., means residential buildings, which are built on a plot, where year-round habitation is not allowed, and properties that can be used legally only to stay a part of the year.

(2). A plurality of second homes, owned by the same owner and to which there belongs common buildings, can belånes as an Office and business property, see. § 11.

Private cooperative housing

§ 4. By private cooperative housing, see. § 5 (1) (8). 2, of the law on mortgages and mortgage bonds, etc., means the residential apartments, owned by a private housing association, a housing owned or a housing firm, covered by the rules laid down in chapter II or III of the law on cooperative housing associations and other residential communities.

(2). Residential apartments, owned by housing limited partnerships, housing interessentskaber and similar, complying with the provisions of chapter III of the Act relating to cooperative housing associations and other residential communities, be assimilated to this real estate category.

(3). If the property contains at least 13 residential apartments, covered the property's rooms that are rented to other than residential, of the rules for this real estate category.

Private residential properties for rent

§ 5. By private residential property for rental, including friplejeboliger of the basic regulation. § 5 (1) (8). 3, of the law on mortgages and mortgage bonds, etc., means property not covered by section 2, § 4, or §§ 6-8, and which only contains residential apartments or individual rooms, which can legally be used for year-round habitation, and which is rented out or intended for rental.

(2). Properties that contain at least 3 residential houses, qualify for this category, regardless of whether the owner occupant property for an apartment in the building.

General housing

§ 6. By general housing regulation. § 5 (1) (8). 4 of the law on mortgages and mortgage bonds, etc., for the purposes of General family, youth and senior citizen belonging to social housing organisations, who are authorized to exercise general housing company, see. § 1 of the law on public housing, etc. By General housing construction also means General senior housing belonging to municipalities, regions and self-governing institutions, as well as the General youth homes belonging to the self-governing institutions.

Youth homes

§ 7. By youth homes, see. § 5 (1) (8). 5 of the law on mortgages and mortgage bonds, etc., means colleges and youth homes obtained with support after build support-, college-or boligbyggeri laws.

Senior housing, etc.

§ 8. In older homes, see. § 5 (1) (8). 6, of the law on mortgages and mortgage bonds, etc., means nursing homes and sheltered dwellings referred to in section 192 of the Act on social services, facilitate collective housing provided in accordance with the law on housing construction, as well as dwellings obtained after law on housing for the elderly and persons with disabilities belonging to self-governing institutions.

Industrial and craft buildings

§ 9. By industrial and craft properties, see. § 5, paragraph 3, nr. 3, of the law on mortgages and mortgage bonds, etc., means properties that are leased for industrial or artisanal production or product treatment, or which is used by the owner for such purposes. Including can include:





1) plant.

2) yards.

3) Other industrial production plant.

4) Water works and energy installations not covered by section 10.

5) wastewater treatment plants and other waste treatment facilities.

6) workshops and other premises, which is going on artisanal production or production of goods.

7) Shops, where the predominantly takes place the production or other processing of the goods product.





(2). The rules for borrowing against the property for industrial and artisanal purposes is also building and land, which are not directly used for production or product treatment, if the land is an integral part of a property for industrial or artisanal purposes and serving this or have such a device, that they are not commonly usable. Including can include:





1) Offices.

2) Storage rooms.

3) Porter-or official residences.

4) Storage bays.

5) parking spaces.





Collective energy supply installations

§ 10. At the collective security of energy installations, see. § 5, paragraph 3, nr. 4 of the law on mortgages and mortgage bonds, etc., means plants for the production, transmission, distribution, or storage of heat, electricity or flammable gases to a plurality of properties.

Office and commercial premises

§ 11. At the Office and business properties, see. § 5, paragraph 3, nr. 2, of the law on mortgages and mortgage bonds, etc., means properties that either are leased to the administration or service companies, etc., or which is used by the owner for administration or of the service industry, etc. Including include:





1) Office space, unless they are an integral part of a property for industrial or artisanal purposes and serving this or have such a device, that they are not generally usable, see. § 9, paragraph 2.

2) Shops, where there are no predominantly takes place production or other product processing of goods.

3) storage, which is an integral part of or used by service companies etc., as well as self-storage facilities, which have such a device, they are commonly usable.

4) Restaurants, Inns and similar eateries.

5) Hotels and holiday countries.

6) Congress and seminar centre.

7) campsites.

8) Traffic terminals, service stations, fire stations, auction and export stables.

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





Agricultural and forestry property, nurseries, etc.

§ 12. By agricultural and forestry property, nurseries, etc., see. section 5, paragraph 2, of the law on mortgages and mortgage bonds, etc., for the purposes





1) properties under the Agriculture Act is noted as and used as agricultural buildings, including forestry and horticultural properties, as well as orchards and

2) properties that are not noted as agricultural property, but used for agricultural or related commercial production, including forestry and horticulture buildings, orchards, fur animals and ålefarme, as well as fish farming, and where economic performance is crucial for the owner's economy.





(2). Properties listed as agriculture, and where buildings are adapted for other commercial exploitation, can either be valued and belånes in accordance with the rules of the relevant property categories, see. section 1, paragraph 1, or valued to the agricultural value and belånes after reg clay ne of agricultural properties.


(3). Properties with area less than 10 ha, which is noted as agriculture but where business is not crucial for the owner's economy, can belånes in accordance with the rules for owner-occupied or second homes, provided § 2 or § 3 permits.

(4). Homes on properties as mentioned in paragraphs 1 to 2 shall belånes as agricultural properties.

Property for social, cultural and educational purposes

§ 13. By property for social, cultural and educational purposes, see. § 5 (1) (8). 7 of the law on mortgages and mortgage bonds, etc., means property that is used for social institutions, recreation, entertainment purposes, gathering of groups, sport and education. Including can include:





1) day-care facilities for children and young people, SR. mechanical engineer and day centres.

2) Hospitals.

3) Treatment home.

4) Soldiers and seamen's home.

5) Museums and similar exhibition facilities.

6) Theatres.

7) meeting houses and community centres.

8) Scout huts.

9) Churches, including free churches and people's churches.

10) Sports buildings and sports facilities.

11) Schools, including boarding schools, high schools, other schools of leisure education, business schools, business schools, College, technical schools, engineer and Machinist schools, maritime schools, teacher schools, seminars, colleges and universities.





(2). A property is, however, only covered by paragraph 1, provided that the general public has access to the property, possibly in return for payment or performance of certain access criteria, and one of the following conditions are met:





1) property owner receives a not inconsiderable public support, either in the form of State guarantees for activity aid or for loan repayment, or in the form of grants for the construction, operation of the property or activity support. Public support should be valid for more than half of the loan term.

2) a tenant of the bulk of the building's land receives a not inconsiderable public support either in the form of State guarantees for operating grants or Government grants for the operation of the property or to the activity. The public aid must be valid and must be non-cancellable lease from the tenant's page in more than half of the loan term.

3) the property is leased to a municipality or other public authority on lease, there are non-cancellable for bearings in more than half of the loan term.





Other properties

§ 14. By other properties, see. § 5, paragraph 4, of the law on mortgages and mortgage bonds, etc., shall mean vacant-land, there are no sports facilities, see. sections 11 and 13, or an agricultural property, see. § 12, as well as other properties that are not covered by sections 2-13.

(2). A developed reason, belånes as undeveloped, where mortgage Department alone has a mortgage in the land.

(3). Land with buildings can belånes in accordance with the rules for the property category, as the buildings belong to, where the basic area is valued without byggerets value. If it employs a byggerets value, see. section 22 (1) of the Danish FSA notice of mortgage ' valuation and loan measure and § 21 (1) of the Danish FSA notice of valuation of mortgage and real estate loans made to security for the issuance of covered bonds and covered bonds, valuation and loan measure happen separately for the reason, as respectively byggerets value applies, and the buildings, with the remaining area.

Repayment of loans by transition to the second property category

§ 15. Surpassing a property within 2 years from the date of loan disbursement to other use, so that the property is transferred to another property category, due to the loan repayment, if





1) loan as a result of differences in the loan limit and value, including pga. differences in valuation rules, could only have been done with a smaller proceeds, if it was meted out in accordance with the rules of the new property category, see. However, paragraph 4,

2) loan could only have been done with a shorter duration or a faster sinking rate, or

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





(2). 2-year period referred to in paragraph 1 shall be counted in the case of advance equity from the time when the advance loan passed to final loan.

(3). The time of changeover to other property category is counted from the time of rent contract or trade's conclusion, however, respectively rent relationship commences and takeover day, if this time is later. If the rental contract or trade are not concluded, the transition point from the time of the termination of the previous application.

(4). The loan is payable in full. In cases as referred to in paragraph 1, no. 1, however, the loan must only be reduced so that it is relative to the current value set for the for the new property category applicable valuation rules will achieve security within the credit limit for this real estate category.

§ 16. The Institute should in mortgage letter record provisions for loan maturity for redemption in the cases referred to in article 15, and that the borrower must inform the Department on the amended application that occurs within 2 years from the date of loan disbursement.

(2). Resting the lawful use of the basic regulation. section 1, paragraph 3, on a non-personal exemption with a residual maturity that is either indeterminate or less than the offered loan, an institution must incorporate provisions in mortgage letter of loan repayment in cases as referred to in section 15, provided the property before the loan is transferred to the other udamortisering real estate category. It is the responsibility of the Department to require the loan repaid as prescribed in § 15, paragraphs 1 and 4.

(3). It is the responsibility of the Department to require the loan repaid as prescribed in § 15, where such an institution at the borrower's notice, when applying for new loans or approving the debt takeover or otherwise becomes aware of the change in use.

Penal provisions and entry into force

§ 17. With fine punished anyone who violates article 1, paragraphs 1 and 2 and § 16.

(2). That can be imposed on companies, etc. (legal persons) criminal liability in accordance with the provisions of the criminal code 5. Chapter.

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

(2). FSA bekendtgørelse nr. 774 of 1. September 2003 on the delimitation of property categories and repayment of loans by transition to the second category of property shall be repealed.
The Danish financial supervisory authority, the 29. February 2008 Henrik Bjerre-Nielsen/Jørn Andersen