When completion protection required
(1) If a trader has committed to for a consumer's
Bill perform work relating to one-or two-dwelling buildings
(small houses), it shall, to the extent specified in paragraphs 2 and 3
be a completion protection, which consists of an insurance
or a bank guarantee.
2 §/expires U: 2016-01-01/A completion protection should be provided at a
1. new construction, and
2. extension or measure which is notifiable under
regulations issued pursuant to Chapter 16. section 8 plan-
and building Act (2010:900), if there is a need for such a
the protection.
A completion protection is needed, however, not, if the action under
Chapter 9. section 4 of the planning and building Act does not require planning permission.
2 section/entry into force: 01/01/2016/A completion protection should be provided at a
1. new construction, and
2. extension or measure which is notifiable under regulation issued pursuant to Chapter 16. paragraph 8 of the planning and building Act (2010:900), if there is a need for such protection.
A completion protection is needed, however, not, if the action under Chapter 9. 4-4 c of the planning and building Act does not require planning permission.
Law (2015:669).
section 3 of the boards comply with the municipality's data
According to the planning and building Act (2010:900) (Building Committee)
examining the need for a completion protection pursuant to article 2 of the first
subparagraph 2. If a single-family homes will not be used for permanent
use, the Board may, despite section 2, first paragraph 1, decide to
any completion protection not needed.
Rescue trial shall take particular account of the building Committee
estimated costs of the trader's commitments and
the cost of finishing protection.
section 4 of the consumer shall ensure that there is a
completion protection, if such is required under this
team.
What a completion protection shall include
5 § A completion protection shall include equitable remuneration
for
1. the additional costs to complete the works,
2. the costs to remedy the error as a surveyor has
remarked on at a final inspection according to § 53
Consumer Services Act (1985:716), and
3. the costs to remedy the damage to the building that has
caused by the errors referred to in 2.
Finishing protection may, in so far as it concerns the remuneration
for costs pursuant to the first paragraph 1, be invoked when
the trader gets into such a delay that gives the consumer
the right to cancel the contract in accordance with section 29 of the Consumer Services Act. To
the part finishing protection concerns the remuneration referred to in the first
paragraph 2 or 3, it is used when the trader has
gone bankrupt or otherwise unable to carry out
its commitment.
Terms and conditions for restrictions on the consumer's right to compensation
accommodation
section 6, an agreement on completion protection must not contain
conditions, in addition to what follows from paragraphs 7 and 8, limited
the consumer's right to take finishing protection.
The agreement may not contain conditions that the consumer
to respond to a certain deductible.
section 7 an agreement on completion protection shall include conditions
ensuring that the amounts be used to
to cover such costs as referred to in paragraph 5 of the first paragraph.
section 8 A completion protection may be limited to a certain
amount. It should, however, always correspond to at least 10% of the
contract price for the action covered by the protection.
section 9 If an agreement on completion protection contains a
conditions under which a request to take protection into
claims must be filed within a certain period of time, the condition
do not restrict the consumer's right to make such a
request more than what is apparent from the second paragraph.
With regard to compensation under paragraph 5 of the first paragraph,
a condition referred to in the first paragraph mean that the request
shall be made without undue delay after the consumer's
the right to cancel the contract with the trader. When
terms of compensation in accordance with paragraph 5 of the first paragraph 2 and 3,
the condition may mean that the request must be made within one year from the
date on which the contract was approved at a final inspection in accordance with
53 § Consumer Services Act (1985:716).
Conditions of entitlement to compensation
section 10 A completion protection shall include conditions that
1. the responsible for finishing protection and who have
paid out compensation due protection, takes over the right
to the compensation to which the consumer may have against the person because
of contract or tort, or on any other basis is
liable by reason of the fault or damage,
2. the consumer is not to the detriment of those who are responsible for
finishing protection by agreement may renounce the right
to compensation conferred on him or her under the terms of a contract
or general liability provisions.
Prohibition on alteration of the terms and conditions
section 11 of the respondent for finishing protection and the
has acquired it may, after an agreement on the
completion protection concluded, did not meet agreements
causes the conditions no longer meets the requirements for a
completion protection content under this Act.
Conditions for start of construction
section 12 of The Building Committee cannot decide if the start statement for
construction work before proof of completion protection has
presented to the Board, shown by 10. section 23 of the plan-and
Building Act (2010:900).
Appeal
paragraph 13 of the Building Committee's decision under this Act may be appealed
with the County Administrative Board.
The County Board's decision may be appealed to the land and
Environmental Court.
Transitional provisions
2014:227
1. this law shall enter into force on 1 June 2014. By the law
repeals Act (1993:320) on construction errors insurance etc.
2. The repealed Act (1993:320) on construction errors insurance etc.
still, however, for matters of
completion protection which has commenced before 1 June 2014
and matters relating to the appeal of the decision in a
such a case or matter to its proceedings or the matter is
definitively settled.
3. the provisions of paragraphs 2 to 9 of the repealed Act (1993:320) about
construction errors, however, still apply for insurance, etc.
construction errors insurance subscribed before 1 June 2014.
4. the provisions of sections 16 to 21 the repealed Act (1993:320) about
construction errors insurance etc. still apply, however, to
completion protection concluded before 1 June 2014.
2015:669
1. this law shall enter into force on the 1 January 2016.
2. Older rules still apply for completion protection concluded before its entry into force.