Bekendtgørelse Om Huseftersyns Scheme

Original Language Title: Bekendtgørelse om huseftersynsordningen

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=134983

Overview (table of contents) Chapter 1 Chapter 2 the scheme's scope of scheme management Chapter 3 Appointment as building expert Chapter 4 the company as a building expert Chapter 5 walkthrough Chapter 6 Building condition report Chapter 7 entry into force Annex 1 The full text of the Executive order on huseftersynsordningen1)

Under section 4, paragraphs 2 and 3, of the Act on consumer protection in the acquisition of real estate, etc., see. lovbekendtgørelse nr. 1142 by 28. September 2007, as amended by Act No. 1532 of 21. December 2010, and § 1, paragraph 2, of law No. 1532 of 21. December 2010 on building experts, etc. and appointed pursuant to bekendtgørelse nr. 1633 by 21. December 2010 for henlæggelse af certain powers in the housing area to the Danish enterprise and construction authority and on the removal of the right of appeal shall be established under the authority: Chapter 1 scope § 1 of the scheme. Huseftersyns system includes properties as mentioned in section 1 of the Act on consumer protection in the acquisition of real estate, etc.

Chapter 2 section 2 management of the scheme. Huseftersyns scheme is managed by the Danish enterprise and construction authority.

(2). The current administration will be entrusted to an external Secretariat (hereinafter referred to as the Secretariat), which in accordance with detailed rules laid down by the Danish enterprise and construction authority carries out tasks relating to the huseftersyns scheme, including: 1) detects and lists of authorized public building leading experts.

2) Prepare cases for enterprise and construction authority's decisions on the inclusion of construction experts on accession course, the appointment of construction experts, has been renewed by building experts, as well as solicitations, incidentally, relating to the scheme.

3) Charge the fees referred to in annex 1.

4) Receives and records condition reports and assign report numbers.

5) Informs ongoing the appointed building experts about the scheme and its administration.

6) shall produce statistics relating to the huseftersyns system.

(3). The Danish enterprise and construction authority shall lay down the maximum consideration for huseftersyn, the fee for the appointment and renewal of appointment, fee per report schema as well as payment for the admission course. The prescribed payment are set out in annex 1 to the Decree.

§ 3. Setting up of a supervisory group for the huseftersyns scheme, whose members are appointed by the Danish enterprise and construction authority. The following organisations are setting up a member: the Bar Council, Insurance & Pension, Danish Construction, Tekniq, the Danish, Danish real estate Association, the Consumer Council, the Danish Energy Authority, each of the appointed expert organisations, building Craft Council, House owners ' National Association and Council of mortgage credit. In addition, the Danish enterprise and construction authority a member who is President.

(2). Packing group 1) follows the scheme and is advisory to the Danish enterprise and construction authority with regard to the construction path and condition reports and 2) pronounce it at the request of the Danish enterprise and construction authority on questions of principle relating to the scheme and beskikkelserne.

(3). The Danish enterprise and construction authority may establish rules of procedure for the supervisory group.

Chapter 3 Appointment as building expert § 4. The Danish enterprise and construction authority appoints a number of construction experts. The appointment shall be notified to the persons. In order to be appointed as a building expert person must satisfy the following conditions: 1) Have a construction technical basic training with graduated from the Technical University of Denmark, Aalborg University, engineering colleges, one of the State's two schools of architecture, bygningskonstruktør training or equivalent Danish or foreign training.

2) Have at least 5 years of documented professional experience within the last 10 years on building studies or supervision of construction.

3) Have participated in the accession course and passed an audition.

4) Be VAT registered, where applicable, so that the undertaking in which the construction experts are employed, are VAT registered.

5) must be covered by a professional liability insurance, if the extent and conditions at least equivalent to what in General is attainable in the insurance market, and covering at least 5 years after the transfer to the buyer of a property, as the building experts have submitted State report on, however, a long time ago for 6 years from the date of the report.

6) Not have unpaid, overdue debts to the public exceeding 100,000 DKK, it does not prevent the appointment, that the debt to the public exceeding 100,000 DKK, if the person concerned, for the portion of the debt in excess of 100,000 DKK, have entered into an installment scheme with the collection authority or has been secured.

7) does not, within the last 3 years have gotten the qualification as a building expert withdrawn due to serious or repeated failure in State reports or been denied the right to carry on business as a building expert.

8) Be competent and not under guardianship after the Guardianship Act section 5 or under samværgemål after the Guardianship Act section 7.

(2). In paragraph 1, no. 2, talked about work experience must be obtained after the completion of a qualifying training, see. (1). 1. The provisions of paragraph 3. The appointment may be refused if the person concerned in a position or profession has demonstrated such behavior, that there are grounds for believing that he or she does not want to operate the company as appointed building expert safely.

(4). At the time of appointment must be a completed recording course at most be one year old.

§ 5. Persons within the scope of European Parliament and Council Directive 2005/36/EC on the recognition of professional qualifications, temporary and occasional, want to exercise the profession of building expert, is hereby appointed a construction expert, if the person concerned fulfils the conditions set out in section 4, paragraph 1, no. 3-8, as well as section 4, paragraphs 3 and 4.

(2). The appointment will expire after 3 years but may be renewed. It is a prerequisite for the renewal of the appointment, that the applicant meets the conditions of § 4 (1) (8). 4-8. The provisions of paragraph 3. By renewal of the qualification rules, in section 8, paragraphs 4-7, also apply.

(4). Cases on the establishment is treated according to the rules laid down in articles 11-14, 15 (3) and 50-52.

§ 6. Persons who are covered by section 5, paragraph 1, must submit written notification to the enterprise and construction authority. The notification shall be accompanied by the following documents: 1) documentation for insurance contract or other means of personal or collective protection in connection with professional liability, 2) proof of the service provider's nationality, 3) a certificate that the service provider is legally established in a Member State in order to practise as a lawyer building expert, and that at the time of issue of the attestation is not prohibited him to engage in this business , not even temporarily, 4) evidence of professional qualifications, 5) any kind of proof that the service provider has pursued the activity in question for at least two years during the last 10 years, if the profession or the education to the profession is not regulated in the person's home country.

(2). Notification to the enterprise and construction authority must be renewed once a year if the notifier intends to maintain the possibility of temporarily and occasionally to deliver services as appointed building expert here in the country during that year.

§ 7. Persons whose professional qualifications are recognised, shall be in possession of the knowledge which is necessary in order to exercise the profession of lawyer building expert in Denmark.

(2). The Danish enterprise and construction authority may, where it considers it necessary, the check referred to in paragraph 1, the people's language skills.

§ 8. The appointment will expire after 3 years but may be renewed.

(2). It is a prerequisite for the renewal of the appointment, that the applicant meets the conditions of § 4 (1) (8). 1-2 and nr. 4-8. An approval of an education or the equivalent knowledge in accordance with the rules in force at the time of appointment, shall continue to apply in their appointments.

(3). The requirement of professional experience referred to in article 6. § 4 (1) (8). 2, shall be deemed to be fulfilled if the applicant for a period of 3 years prior to the application for their appointments have reported at least 60 health reports to the Secretariat.

(4). The Danish enterprise and construction authority may determine that building experts as a condition for their appointments must pass a genbeskikkelses test.

(5). The Danish enterprise and construction authority may withdraw assigned warnings, reprimands and fines imposed to the applicant in assessing whether their appointments must be made.

(6). Application for their appointments must be arrived at the Secretariat no later than 4 months before the beskikkelsens expired. Applications, which first received after the deadline will be processed in the order they are received.

(7). Applications for appointments that are received later than 1 year after the termination of the beskikkelsens shall be treated in accordance with the rules of installation, see. § 4.

§ 9. The Danish enterprise and construction authority shall take a decision on the qualification within 6 months after receipt of the application and all necessary documents, see. However, section 5, paragraph 4.

(2). The deadline may be extended only once if the complexity of the case so warrants. The Danish enterprise and construction authority justifies the extension and duration of the extension and shall communicate this to the applicant before the expiry of the time limit referred to in paragraph 1.

§ 10. When the Danish enterprise and construction authority receives an application for the appointment, the Danish enterprise and construction authority will send a receipt to the applicant with information about processing time limit and remedies.

Chapter 4 the company as a building expert


§ 11. The examiners must 1) follow Vocational building and construction authority's guidelines for review of buildings and for the submission of State reports on the basis of the review, 2) refrain from attempting to influence the implementation of the technical review, including by contact or otherwise affect the owner of the property to which the review relates, 3) by the 3 first huseftersyn after the qualification as a building expert be accompanied by an officially appointed building expert that have at least 3 years of experience with the preparation of condition reports within the huseftersyns system, and which are not included in the list on the enterprise and construction authority's home page www.boligejer.dk of building experts, who have been given a warning, fined, suspended new appointments as a result of serious or repeated failure in State reports or been denied the right to carry on business as a building expert, 4) participate in stipulated courses and meetings on huseftersyns system , 5) be VAT registered, see. § 4 (1) (8). 4, and covered by liability insurance, see. § 4 (1) (8). 5, 6) comply with the rules on the remuneration of huseftersyn (construction path and condition report) and on payment of the fees referred to in article 6. section 2, paragraph 4, 7) by reporting use of enterprise and construction authority's internet-based information and management system, 8) be impartial in the individual case, so that the building experts must be independent of interests that may affect work as building expert, 9) in the report provide information on collaborative agreements with insurance companies or others interested in the current real estate, 10) failing to make its huseftersyn of that taken up other services than after sight , 11) inform the Danish enterprise and construction authority, if raised claims against the building expert pursuant to § 3, paragraph 1, of the Act on consumer protection in the acquisition of real estate, etc.

12) endorse the decisions taken by the Appeals Board for Huseftersyn and the disciplinary and appeal for building experts appointed shall, unless the person concerned building experts within 30 days after the decision, the dispatch has informed the Board that the person concerned does not wish to be bound by the order, inform the ordering of report about 13) contact information for the single point of contact or the Danish enterprise and construction authority, trade union organisations, as the building experts is a member of , its academic title, which EU Member State which has granted the title, PII and guarantees, as the experts have designed the building, as well as contact information for the insurance company and information about which insurance covers geographical, and 14) if ordering of report requests, inform about the professional rules applicable in the country where the construction experts are established, and how to access them.

§ 12. The Danish enterprise and construction authority must take a decision about deprivation of qualification, if 1) the construction experts have unpaid overdue debts to the public exceeding 100,000 DKK, see. § 4 (1) (8). 6, or 2) the building experts can prove to be not covered by insurance as referred to in section 4 (1) (8). 5. Chapter 5 building review section 13. Building review aims to clarify the extent to which the reviewed building physical condition is inferior to the condition in corresponding intact buildings of the same age. The review must be uncovered damage or signs of damage, such as breakage, leaks, deterioration, cracks, deformations and destructions. As damage or signs of damage include lack of building parts and other physical conditions when these conditions gives nearby risk of damage if not deployed with special comprehensive maintenance works or other preventive measures.

§ 14. Building review must be carried out with professional care and with the use of the insight and experience that can be expected of construction experts. The building via a letter to the Secretariat experts must examine whether there within the last 6 years has drawn up a condition report and, if so, obtain the most recently drew up the report, so that it can be included in the basis for the inspection. The 6 year counted from the new report's dating. Unless otherwise agreed, must the examination be Visual with the use of simple technical means (hand tools) and exploratory measurements, but without destructive interference.

§ 15. Outside the building review falls 1) trifling matters, which are not liable to affect the building use or value significantly, 2) building parts that could not be inspected, without prejudice. § 14, 3) building's operating conditions, except as covered by section 13, 4) building's legality after public regulations, apart from the obvious violations of building laws, 5) aesthetic and architectural ratio, 6) identification of usual wear and tear, as is usual for buildings of that age, 7) devices outside of the building itself, such as water connector, 8) movable property, such as white goods, and 9) rating of the building's common maintenance mode.

§ 16. To use for preparation of construction the construction experts must request the review of the building owner to make available written information about the building, such as drawings, descriptions, and BBR-ejermeddelelser.

§ 17. The building experts may outside the huseftersyns scheme assume services relating to building beyond building review and report, such as the estimate of the costs of remediation.

Chapter 6 condition report § 18. Report contains the outcome of the review and being placed on building a schema that is approved by the Danish enterprise and construction authority. The building experts shall deliver the report to the person who has ordered huseftersynet, and shall transmit the report electronically through Enterprise and construction authority's internet-based information and management system, see. § 11, nr. 7, to the Secretariat no later than 14 days after construction review is carried out.

§ 19. The report must be provided, if the construction experts will find that a part of the building is likely to be made available in connection with building review and, where appropriate, the reasons for doing so.

(2). Find the building experts that there is uncertainty about the information that the building's owner has offered in connection with the preparation of the report, must be disclosed and justified in the report.

§ 20. Condition reports may be renewed, and the construction expert provides in such a case, the extent to which the renewed construction review is necessary and which reduced remuneration payable. The renewal shall be communicated to the person who commissioned the renewal, and be reported electronically via the business and construction authority's internet-based information and management system, see. § 11, nr. 7, to the Secretariat not later than 14 days after the renewed construction review is carried out. The review report comes with effect for the future instead of the original.

§ 21. By huseftersyn on condos must be health reports after this notice both for ejerlejligheden and for joint property, see. section 2, paragraph 1, of the Act on consumer protection in the acquisition of real estate, etc.

Chapter 7 entry into force of § 22. The notice shall enter into force on the 1. January 2011.

(2). At the same time repealed Executive Order No. 1290 by 14. December 2009 on huseftersyns scheme.

The Danish enterprise and construction authority, the 21. December 2010 Henning S/T K



Annex 1 the remuneration of appointed experts for huseftersyn and building fees for the appointment, etc. per 1.1.2011

Maximum remuneration per property for the implementation of the huseftersyn and preparation of condition report:

Huseftersyn and condition report is performed per property, and the amount of remuneration determined partly by the total building space and in part on when the significant building on the property-' main house '-listed, see. the below.

Detached houses, row, chain or double houses, holiday homes and farmhouses to disused agricultural properties: total

building space (see. BBR-felt216) *)





' Main house ' built 1940 or later





' Main house ' built before 1940





 



Grundtakstexcl. VAT





Administrat.

Appendix

Excl. VAT





In altexcl. VAT





In altincl. VAT





Grundtakstexcl. VAT





Administrat. Appendix

Excl. VAT





In altexcl. VAT





In altincl. VAT







Under 100 m2





4,183.50





296





4,479.50





5,599.50





4,827






296





5,123





6,404







100-199 m2





5,565





296





5,861





7,326.50





6,412





296





6,708





8,385







200-299 m2





6,963.50





296





7,259.50





9,074.50





7,998





296





8,294





10,367.50







Larger houses





Remuneration will be agreed individually





Remuneration will be agreed individually











*) Total building space is the sum of etagernes areas incl. ground floor area and area of EVS. mansard floor, but Excl. area of basement and roof. As a basis for etagernes size used the built-up area (BBR-field 216)

Condos: Samletbygningsareal (see. BBR-felt216)





' Main house ' built 1940 or later





' Main house ' built before 1940





 



Grundtakstexcl. VAT





Administrat. tillægexcl. VAT





In altexcl. VAT





In altincl. VAT





Grundtakstexcl. VAT





Administrat. Appendix

Excl. VAT





In altexcl. VAT





In altincl. VAT







All sizes





3,484





296





3,780





4,725





4,001





296





4,297





5,371.50











Other buildings, including the overhaul of common ownership and joint facilities relating to condominium complexes:

Remuneration will be agreed individually.

Renewal of health reports:

By renewal of health reports agreement which reduced remuneration to be paid.

Supplements for administrative fee:

For each drafted condition report can the building experts attribute to the basic tariff an administrative surcharge of DKK 296.0-to cover it with the building experts collected the fee.

Reduction of remuneration by combined huseftersyn and energy labelling:

If a construction expert carries out the huseftersyn in accordance with the law on consumer protection in the acquisition of real estate, etc., see. lovbekendtgørelse nr. 1142 by 28. September 2007, and at the same time as energy consultant performs energy labelling of buildings review after the law on the promotion of energy savings in buildings reduced the maximum consideration for huseftersyn, see. the above tariffs, with us $ 400.0-.

The above maximum remuneration is incl. expenses relating to attachment, driving, insurance, etc.

Regulation of remuneration:

Remuneration is regulated by the Danish enterprise and construction authority with effect from the 1. January each year, according to Statistics Denmark's net price indices. The regulation is based on the annual percentage change in the net price index, calculated from the index in the month of september.

FEES:

With the construction experts will be charged the following fees:

Fee for appointment DKK 1,345.0-

Fee for the renewal of his appointment by the KR. 670.0-

Administrative fee per handed report schema DKK 296.0-

The Secretariat carries out the charging of fees on behalf of the Danish enterprise and construction authority.

SHOOTING course:

Payment for the admission course: DKK 12,989.0-Official notes 1) Executive order implementing parts of a European Parliament and Council Directive 2005/36/EC of 7. December 2005 on the recognition of professional qualifications (the official journal of the European Union 2005 nr. L 255, page 22) and parts of the European Parliament and Council Directive No. 2006/123/EC of 12. December 2006 on services in the internal market (Official Journal of the European Union 2006 nr. L 376 of the 27. December 2006, p. 36).