Law (2014:227) If Completion Protection

Original Language Title: Lag (2014:227) om färdigställandeskydd

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2014:227

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.