Advanced Search

Order On The Extent Of Coverage For Ownership Policies Under The Consumer Protection Act On The Acquisition Of Real Estate, Etc.

Original Language Title: Bekendtgørelse om dækningsomfanget for ejerskifteforsikringer i henhold til lov om forbrugerbeskyttelse ved erhvervelse af fast ejendom m.v.

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
Overview (in Contents)
Annex 1
Annex 2
Annex 3

Report on the coverage of ownership of ownership claims under the law of consumer protection by the acquisition of real estate etc.

Pursuant to Section 5,(3) of Regulation (EC) No 1142 of 28 September 2007,:

§ 1. In accordance with Section 2 of the Act, the following conditions shall meet the following conditions in accordance with Section 5 of the Act:

1) The offer shall contain the terms of the cover which results at least the same coverage as the terms set out in Annex 1 to this notice. However, on the basis of information in an present state report or electrical installation report may be subject to cover for certain buildings or certain installations.

2) Includes the offer terms of a self-risk, the risk of self-risk shall not exceed DKK 5,000 for the individual coverage requirement referred to in Annex 1, no. 2. The total risk of self-risk must not exceed DKK 50,000 in the insurance period. Relationships under 5,000 kr are not included in the total risk of self and can therefore not be reported to the insurance company.

3) 3) It must be stated in the offer, whether and in the case of which points are extended in relation to the terms set out in no 2 and in Annex 1.

§ 2. The amounts referred to in Section 1(2) and Annex 1, no. 4(a) referred to in paragraph 1 shall be governed each third year by 1 January following the net prices of Statistics Denmark, in accordance with the calculation of a net price index. The regulation takes place once per 1 January 2016.

Substances. 2. Regulatory after paragraph 1 is based on the annual percentage change in the net price index, calculated based on the index in September. It regulated the amount relating to self risk per damage and the amount limit for which damages cannot be reported to the insurance company are rounded up to the nearest entire crown amount that can be shared with 100. The regulated amount regarding the total maximum risk of self risk during the insurance period is rounded up to the nearest entire crown amount that can be divided by 1,000. The regulated amount regarding the maximum compensation for increased construction spending is rounded up to the nearest entire crown amount that can be divided by 10,000. The regulation is based on the time of the regulation applicable amounts prior to rounding.

3. The Minister of Justice recognises every three years of the rounded amount.

§ 3. The decision shall enter into force on 1 May 2012 and shall have effect on information about the offer of ownership of the owner’s change insurance, which the seller shall place after the entry into force.

Substances. 2. Decision No 705 of 18 July 2000 on the provision of ownership claims under the law of consumer protection by the acquisition of real estate, etc. shall be repealed.

Ministry of Justice, 12 January 2012

Morten Bødskov

/ Rikke-Louise Ørum Petersen

Annex 1

Coverage for ownership insurance offered under the law of consumer protection by the acquisition of real estate etc.:

1) The insurance includes all buildings on the property.

However, the relationship associated with the 2(b and c referred to in paragraph 2 is not covered by the insurance if it is stated that the building is not examined by the defendant.

Relationships that link to it in no 2(a)(a) of that cover are also not covered by the insurance if it is stated that the building is not examined by the expert who has reviewed the electrical installations.

White goods are covered by the insurance if they constitute part of a investigated building.

2) The insurance covers:

a) Disability of missing or reduced function of electrical installations in and on the insured buildings as well as the legalisation of illegal conditions of such installations.

b) Disability of lack or significantly reduced function of heating, ventilation and sanitation installations (vvs installations) in and under the insured buildings (to the outside of the building's foundation) as well as the legalization of illegal conditions of such installations.

(c) Consultation of current damages as well as physical conditions of buildings that provide nearby risk of damages to the insured buildings or building parts.

‘false’ is understood breach, leakage, deforming, weakening, cracking, destruction or other physical conditions of the building, which reduces the value of the building or useability of the building in relation to similar intact buildings of the same age in ordinary good maintenance condition. The lack of building parts may be a damage.

‘necessary risk of damage’ means that there will be experience-oriented if there is no need for particularly extensive maintenance work or other preventive measures.

3) 3) Insurance coverage after no 2(a and b, requires that the unlawful relationship is both at the time of the construction and execution and at the time of review of the relationship to the insurance company.

4) If there is a coverant relationship, as referred to in paragraph 2, the insurance also covers the following costs:

a) Increased construction costs in relation to the repair of a coverant relationship when the separation is necessary to significantly change the building or building part, and the insurance holder can document that he has been rejected from the authorities on an application for exemption from the relevant requirements according to the construction legislation, the building regulations or the strong flow notice.

Compensation for increased construction costs can in total be up to 20% of the new value of the damaged building, however, a maximum of 1,3 million DKK.

b) Reasonable and necessary expenses for technical assistance in relation to state and coverage of a coverable relationship. Covering after 1st clauses requires that the cost is held after the prior agreement with the insurance company. The expenses are covered over the insurance price.

(c) Clean and necessary additional expenses for re-husning for up to 12 months, if the repair of a coverable relationship makes the house uninhabitable. The expenses are covered over the insurance price.

5) The insurance covers conditions present at the preparation of the state report and the electrical installation report or has arisen after the preparation of these reports, but before the acquisition of the property, and which is found, and is reported in the insurance period.

6) The following are excluded from the under no 2 stated insurance coverage:

a) Relationships mentioned in the status report or the electrical installation report, unless the relationship is clearly incorrectly described. A relationship is considered clearly wrongly described if the description is misleading or clearly unfilling, so that a buyer does not on the basis of the report concerned has had the opportunity to take the actual character, scope or significance of the relationship.

b) The function conditions of the building (plan solution, interior design etc. and general useability, in addition), relating to the conformity of servite or legality of public law, in accordance with Article 2(a and b, as well as aesthetic or architectural conditions, unless there is a damage or is nearby risk of harm, cf. no 2(c.

(c) Relationships relating to the building parts or installations, where it is in the state report or the electrical installation report, that the building part or installation is estimated to be made inaccessible to the structural expert or the expert who has reviewed the electrical installations.

d) Relationships that the buyer had knowledge before the conclusion of the insurance agreement. However, it does not apply to damages that are not referred to in the report of the state, but which are covered by technical audits, and as before the conclusion of the insurance agreement comes to the buyer’s knowledge by its receipt of technical auditor’s report.

e) Relationships that the buyer has either been covered according to a warranty or has failed to require the tyre according to the third party warranty, as well as conditions covered by another insurance.

(f) The relationship that alone consists in usual wear or the lack of maintenance, unless there is a damage or is nearby risk of damage to the building, in accordance with point (c.

g) Relationships that are alone in the end of the building parts, structures or materials’ usual life.

h) Error indication in the state report of the expected residual life of the building roof.

in) Following damage caused by circumstances caused by the buyer on the basis of information in the status report or the electrical installation report should have corrected if the result damage was not occurred.

j) Relationships that have arisen after the repair of a similar relationship have been covered, if the insurance holder was made aware that a corresponding relationship could arise again if the cause of the relationship was not corrected or removed.

k) The individual wishes of the insurance holder for a special use of the property or the relationship itself that a building part consists of another material than described in the state report or the electrical installation report. Such conditions are thus not covered by the word “physical relationship in the building, which reduces the value of the building or useability of the building, cf. no. 2(c.

l) Relationship under 5,000 kr., cf. section 1, no. 2.

7) The total amount of compensation paid may not exceed the cash purchase price for the property with the deduction of the public fixed basic value by the entry into force of the insurance.

8) The compensation is calculated as a replacement and is set to the amount that it will cost to restore it damaged as new with the same way of building. However, in respect of the building parts referred to in Annex 2, the compensation shall be calculated in accordance with the provisions contained in the Annex.

9) The Company shall only be obliged to pay compensation if the corresponding relationship is corrected, possibly by reappropriation or replacement with something similar.

10) If the insurance ceases because the property changes the owner in the insurance period, the insurance holder has the claim for reimbursement of the prize for the remaining insurance period in respect of the size of the risk varies during the insurance period.

11) The insurance applies for 5 years from the time when the buyer took over the property, but the buyer can be extended to cover for 10 years from that time, unless the buyer has neglected to maintain the property safely.

Annex 2

Print tables for selected building parts

A replacement pursuant to the owner change insurance must be calculated as a replacement, unless a building part is covered by this Annex, in accordance with Annex 1, no. 8.

For the building parts covered by this Annex (the roof cover and cover, subset construction, windows and exterior doors, wall construction, floor construction and water system), are in Table 1 specified a number of different building materials (left column) and depreciation table A-M (right column).

If a window consists of plastic.

It is the total cost of repairing the damaged building part, including expenditure on work pay and materials, etc., as the depreciation is made.

Stay a building part of a building material not not In Table 1, the replacement for damage to the part of the building shall be calculated as a replacement.

The table below only applies to the calculation of compensation when there is a coverable relationship.

Table 1:

Building part
Writing table
Roof cover and cover
- nature skis
Table A
- brick, wing tagstone, red
Table B
- brick, falstagstone
Table B
- brick, glazed teastone
Table B
- copper tag
Table C
- concrete roofstone
Table D
- eternit wave plates with asbestos
Table D
- eternit skis with asbestos (with roof heeling of more than 35 degrees)
Table D
- teaspoon, wing tag, yellow and brown
Table F
- brick roofstone with fuge system
Table F
- concrete roofstone with fuge system
Table F
- steel and aluminium roof, coated (with roof heeling of more than 10 degrees)
Table F
- zinc tag
Table F
- pull-out hoods, cover and shoe and roofings (steel)
Table F
- pull caps, cover and roofings (plast)
Table F
- eternit skis with asbestos (with roof heeling under 35 degrees)
Table G
- straw roof
Table G
- wooden handle (untreated)
Table G
- steel and aluminium roof, coated (with roof heeling under 10 degrees)
Table H
- roof top (with roof heeling over 10 degrees)
Table H
- roof cover with stone layers
Table H
- eternit wave plates without asbestos
Table In
- eternit skis without asbestos
Table In
- roof top (for roof heeling under 10 degrees)
Table In
- plastic plates, several layers (UV-stabilized)
Table J
- plastic plates, 1 layer (UV-stabilized)
Table L
Construction
- fixed underlay of boards/cross veneer with coating (closed roof cover)
Table D
- fixed underlay of boards/cross veneer with coating (open roof cover)
Table F
- free-hanging rails of the bitumen and oil-treated wooden fibre plates (closed roof cover)
Table F
- free-hanging rails of the bitumen and oil-treated wooden fibre plates (open roof cover)
Table H
- free light rails of felt or movies (closed roof cover)
Table H
- free light rails of felt or film (open roof cover)
Table K
Window and exterior doors
- hard tree (sleeping, tropical tree species and core tree of pine)
Table A
- metal
Table A
- soft wood and metal
Table D
- plastic
Table E
- soft wood, vacuum-proofed
Table F
- roof windows, soft wood, metal cover
Table F
- soft wood, not vacuum-proofed
Table H
Wall construction
- masonry (gl)
Table A
- natural stone facades (granite)
Table A
- binding work including tavl
Table A
- boards and construction wood (planned, treated)
Table A
- porebeton (with surface treatment)
Table B
- concrete
Table C
- natural stone (marmor, sandstone)
Table D
- wall crowns and shafts (metal and stone cover)
Table D
- eternit with asbestos
Table D
- metal
Table D
- façade glass
Table D
- wooden plate cladding (treated)
Table E
- winds and stern boards (with metal cover)
Table E
- porebeton (without coating)
Table F
- grapes and tongues (treated)
Table F
- construction tree, saw cut (untreated)
Table G
- polish on thegl
Table G
- polish on myral wool
Table H
- grapes and tongues (print proof)
Table H
- Wall crowns and relays (roll shift)
Table In
- eternit without asbestos
Table In
- grapes and tongues (untreated)
Table J
- polish on wood
Table J
Floor construction
- massive wooden floors
Table B
- lamelwood floors
Table E
- linoleum
Table G
- vinyl, laminate and cork
Table In
- rugs and needle felt
Table J
- floor painting and coating
Table M
Water system
- drain installations (cast iron and plastic)
Table D
- pipe installations, use water (copper, stainless steel and plastic)
Table D
- pipe installations, heating (steel and plastic)
Table E
- radiators, cast iron
Table E
- pipe installations, use water (hot steel)
Table G
- boilers, cast iron (oil/burn)
Table G
- radiators, plate iron
Table H
- boilers, plate iron (oil/burn)
Table H
- hot water containers (consumer)
Table H
- heat exchangers (heating)
Table H
- solar bumpers, plate
Table H
- water heaters (el)
Table In
- hot water containers (flow)
Table In
- boilers, wall hinged (gas)
Table J
- boilers, condensation (oil)
Table J
- heat pumps
Table J
- solar collectors (vakuum)
Table J

Table A:

Age until
Compensation
30 years
100%.
60 years
93 per cent.
90 years
78 percent.
120 years
63 percent.
150 years
48 percent.
180 years
38 percent.
210 years
5%.
240 years
30%.
270 years
25%.
300 years
20%.
More than 300 years
20%.

Table B:

Age until
Compensation
30 years
100%.
45 years
94 per cent.
60 years
82 per cent.
75 years
70 percent.
90 years
58 per cent.
105 years
46 percent.
120 years
37%.
135 years
30%.
150 years
23 percent.
More than 150 years
20%.
Age until
Compensation

Table C:

Age until
Compensation
30 years
100%.
40 years
93 per cent.
50 years
78 percent.
60 years
63 percent.
70 years
48 percent.
80 years
37%.
90 years
30%.
100 years
23 percent.
More than 100 years
20%.

Table D:

Age until
Compensation
24 years
100%.
32 years
93 per cent.
40 years
78 percent.
48 years
63 percent.
56 years
48 percent.
64 years
37%.
72 years
30%.
80 years
23 percent.
More than 80 years
20%.

Table E:

Age until
Compensation
21 years
100%.
28 years
93 per cent.
35 years
78 percent.
42 years
63 percent.
49 years
48 percent.
56 years
37%.
63 years
30%.
70 years
23 percent.
More than 70 years
20%.
(cooked floors, however, 0 per cent)

Table F:

Age until
Compensation
18 years
100%.
24 years
93 per cent.
30 years
78 percent.
36 years
63 percent.
42 years
48 percent.
48 years
37%.
54 years
30%.
60 years
23 percent.
More than 60 years
20%.
(extreme hoods, covers and roofings (plast) but 0 per cent)

Table G:

Age until
Compensation
15 years
100%.
20 years
93 per cent.
25 years
78 percent.
30 years
63 percent.
35 years
48 percent.
40 years
37%.
45 years
30%.
50 years
23 percent.
More than 50 years
20%.
(linoleum, however, 0 per cent)

Table H:

Age until
Compensation
12 years
100%.
16 years
93 per cent.
20 years
78 percent.
24 years
63 percent.
28 years
48 percent.
32 years
37%.
36 years
30%.
40 years
23 percent.
More than 40 years
20%.

Table In:

Age until
Compensation
9 years
100%.
12 years
93 per cent.
15 years
78 percent.
18 years
63 percent.
21 years
48 percent.
24 years
37%.
27 years
30%.
30 years
23 percent.
More than 30 years
20%.
(vinyl, laminate and cork, however, 0 per cent)

Table J:

Age until
Compensation
7.5 years
100%.
10 years
93 per cent.
12.5 years
78 percent.
15 years
63 percent.
17.5 years
48 percent.
20 years
37%.
22,5 years
30%.
25 years
23 percent.
More than 25 years
20%.

Table K:

Age until
Compensation
6 years
100%.
8 years
93 per cent.
10 years
78 percent.
12 years
63 percent.
14 years
48 percent.
16 years
37%.
18 years
30%.
20 years
23 percent.
More than 20 years
20%.
(covers and needle felt, however, 0 per cent)

Table L:

Age until
Compensation
4.5 years
100%.
6 years
93 per cent.
7.5 years
78 percent.
9 years
63 percent.
10,5 years
48 percent.
12 years
37%.
13.5 years
30%.
15 years
23 percent.
More than 15 years
10%.

Table M:

Age until
Compensation
3 years
100%.
4 years
93 per cent.
5 years
78 percent.
6 years
63 percent.
7 years
48 percent.
8 years
37%.
9 years
30%.
10 years
23 percent.
More than 10 years
10%.

Annex 3

Examples of coverage and non-covering conditions

The owner change insurance coverage is set out in Annex 1. The assessment of whether a relationship is constituting or non-convention pursuant to Annex 1, is a specific assessment in each case.

This Annex contains a number of examples of circumstances that in general will be covered, respectively, in accordance with Annex 1.

In addition, this Annex contains a number of examples of the coverage of increased construction costs, as referred to in Annex 1, point (a.

It is important to be aware that the calculation of examples is not exhausted and that the conversion does not result in any extension or restriction of the insurance coverage provided by Annex 1. The examples are intended to give insurance to a general understanding of the cover scope of the ownership of the ownership and the purpose of this Annex is not that in the Annex contained examples, the legal meaning of the individual case.

The examples are listed under the individual building parts/installations. The individual building parts/installations are specified in accordance with the division of the state report.

Building part
/ installation
Examples of conditions, which in general will be contemplation
Examples of conditions, which in general will not be coverable
Funding
/ hypocrisy
– foundation built on dry or m wool, which has resulted cracks and imbalances of current importance to the construction
– damage to the foundation and/or plining as a result of the dehumidification of capillary layers made of blowers
– cracks without meaning of the construction of the building (e.g. pig or drying capacity)
Horses
/cry cellars
/ Drainage
– major cracks in terrain tyres (e.g. concrete tyres) due to the phrase of the building structure due to lack or insufficient detection
– lack of ventilation in cavity under floors that have resulted (or leads nearby risk of) trained advice or fungus
Yder and walls
– greater cracks and sentence damage due to improper foundation of the building construction
– greater cracks and sentence damage that involves nearby risk of damage to façade or interior surfaces
– major areas with porous, peeled and the results are due to improper use of seal materials or improper execution
– lack of anchoring gift triangle with nearby risk of crash
– water damage to the wall against wet spaces due to leak in wet space zone
– cracking in or peeling of plastered façades when used standard materials and/or design method
– loose or peeled polish and/or paint due to normal age-related wear
– cracking due to natural movements in the building or ordinary age-related wear
– cracks in casting between two material types or structures
– the results of masonry joints due to murbi attacks
– place jars/pits tiles
Doors and doors
– Advice in wooden frames or glass frames
lists not only due to age disturbance
– failed doors and windows
– greater cracks in sol benches that have resulted (or lead to nearby risk) moisture in underlying wall construction
– punctated thermo windows
- scratches in window glass
– worn lock mechanisms
– windows, which due to difficulty or normal age-related wear cannot be opened
Ceilings/etage separations
– under dimensioned floor separation, which gives rise to heavy bending and/or risk of failure
– big skewers on suspended or recessed ceilings (e.g. profile boards) due to insufficient setup and/or stability
– cracks, holes, loose polish, etc. in a ceiling that is hidden under a recessed ceiling when the relationship is outside the use of the recessed ceiling
– lack of level of profile boards due to sjusk when mounting or subsequent material processing
Floor construction and flooring
– the dehumidification of capillary layers carried out with hammers that have resulted in the floor covering
– cracks in floor under solid blanket when the cracks do not affect the use of the floor
– plate floors or residues from concrete foundations that appear on the removal of solid carpet
– local lunker and less skewers on floors
– place jars/pits tiles or tiles
– tubing floors
Inner stairs
– inadequate anchor
– tubing stair steps
Roof construction
– sharpening of roof covering due to under dimensioned spær
– untight roof, which is due to a small addition between the tags/tag plates
– defective or lack of ventilation that has resulted (or leads nearby risk of) trained rotary advice and fungus
– errors of cover or shoe trends that have resulted (or cause nearby risk of) water penetration in the underlying construction
– leaks in built-in roofing, which have resulted (or leads to nearby risk of) damage in hinges or spouts
– thegltag with missing or incorrect distance lists when this is not important to the function of the roof
– failure of roofing that does not affect the function of the roof
– baking and/or lukewarms on roofings, where water gathers locally in the clean
– the tags or plates with less local scales due to age-related wear
Bad/toilet and brewers
– unproof floor or wall cladding due to construction failure
– cracked or resulted in construction failure
– missing wet compartment membrane in wet zones
– lack of fall against floor drains in wet compartments that cause water collectors on floor
Vvs installations
– non-approved pressure cords
– wrong tubes and installation bowls in floor drains and walls
– under dimensioned boilers
– lack of water pressure
– missing or significantly reduced function of as well as illegal conditions of underfloor heating systems, district heating systems, gas heating, oil pine, wood-pellet, solar collectors, earth heating systems, air-to-air heating systems or air conditioning systems
– water installations originally listed after 1972 with collections in hidden structures
– use of galvanized pipes in use water installations listed after 1972
– water installation originally built before 1972 with collections in hidden structures
Electrical installations
– installation spots set directly in insulation
– hidden transformer (for example halogen lighting)
– thin, soft cords used as fixed installation
– wrong cans behind sockets
– assembly sleeve hidden in building parts
– excess cord lengths, so-called ‘birds’ hidden rear sockets or over suspended ceilings
– use of wires in wrong colors
– conditions relating to installations outside the buildings (e.g. garden lamps)
Increased construction
– additional charge when replacing thermoglazed windows in connection with cover preparation damage to old (single glass) windows
– increased insulation, including stronger spouts and pleats, in the relief of coverable damage to roof construction
– regulatory requirements for rescue openings