Legislation Backing The Construction Claims

Original Language Title: Gesetz über die Sicherung der Bauforderungen

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Construction request backup law (BauFordSiG)

Non-official table of contents


Date of completion: 01.06.1909

Full quote:

" Construction request security law in the revised version published in the Bundesgesetzblatt part III, outline number 213-2, most recently by Article 1 of the Law of 29. July 2009 (BGBl. I p. 2436) "

:Last modified by Art. 1 G v. 29.7.2009 I 2436

For details, see the Notes


(+ + + text evidence application: 1.1.1975 + + +)
heading: IdF, which is the title of the stand. d. Art. 3 No. 1 G v. 23.10.2008 I 2022 mWv 1.1.2009

First section
General backup custom rules

unofficial Table of contents

§ 1

(1) The recipient of construction money shall be obliged to pay the construction money for the satisfaction of such persons who are involved in the manufacture or conversion of the building due to a work, service or purchase contract. . Any other use of the building money shall be permitted up to the amount in which the recipient has already satisfied creditors of the designated type from other means. The obligation laid down in the first sentence also has to be fulfilled, who, as a construction supervisor, is authorized to take care of the construction project at the disposal of the financing of the purchaser.(2) Where the consignee is himself involved in the production or conversion, he may retain the construction money in the amount of the appropriate value of the services he has provided.(3) Construction money is monetary amounts,
for the purpose of denying the cost of a building or remodling in the It is possible to grant a mortgage or a basic debt to the property to be built or the transfer of an ownership of the property only after complete or partial production of the building, in order to secure the claims of the financial institution. , or
which is the recipient of a third party for a performance in connection with the manufacture of the construction or conversion, which shall be The recipient has been promised to the third party if, in this performance, other entrepreneurs (Section 14 of the Civil Code) have been involved in the work, service or purchase contract.
amounts which are intended for the purpose of denial of the The costs of a building or conversion are to be granted, in particular to the payment of surcharges and to those whose disbursements are to be effected without further determination of the purpose of the use in accordance with the progress of the construction or conversion.(4) Where the property or the use of the building money is in dispute, the burden of proof shall meet the recipient. Non-official table of contents

§ 2

Baugeldempbeneficiaries who have suspended their payments or whose assets are subject to insolvency proceedings and whose creditors, referred to in Article 1 (1), are at the time of the cessation of payment or the opening of the insolvency proceedings shall be punished with imprisonment of up to five years or a fine if they are to the detriment of the have been contrary to the provisions of § 1. Nonofficial table of contents

§ 4

- unofficial Table of Contents

§ 7

- Non-official table of contents

§ 8


Second section
Dingliche Building Requirements Backup


(+ + + Second Section: Not applicable, since the provisions of the national law provided for in § 9 have not been adopted on the scope of the Second Section + + +)

First up to seventh title

Non-official table of contents

§ § 9 to 67 (omitted)