Building Claims Protection Act
| Basic data | |
|---|---|
| Title: | Law on Securing Construction Claims |
| Short title: | Building Claims Protection Act |
| Abbreviation: | BauFordSiG, GSB (not official, out of date) |
| Type: | Federal law |
| Scope: | Federal Republic of Germany |
| Legal matter: | Building law |
| References : | 213-2 |
| Original version from: | June 1, 1909 ( RGBl. P. 449) |
| Entry into force on: | June 21, 1909 |
| New announcement from: | January 1, 1964 ( Federal Law Gazette III p. 21) |
| Last change by: |
Art. 1 G of July 29, 2009 ( Federal Law Gazette I p. 2436 ) |
| Effective date of the last change: |
August 4, 2009 (Art. 2 G of July 29, 2009) |
| Weblink: | Text of the BauFordSiG |
| Please note the note on the applicable legal version. | |
The Construction Demand Protection Act (BauFordSiG) defines the concept of construction money in Germany and provides guidelines for its intended use .
content
The law, which originally comprised 67 paragraphs, now only contains the detailed § 1 ("Use of building money; concept of building money") and " Penal provisions " (§ 2), which threaten offenders with imprisonment of up to five years or a fine . Over time, earlier provisions of the law were incorporated into other laws, especially the BGB .
Changes due to the Claims Securing Act
A radical change in the BauFordSiG was brought about by the Claims Assurance Act . With this amending law , the current short title and the abbreviation were introduced - the abbreviation "GSB", which can still be found in the literature, therefore refers to the legal text valid before January 1, 2009. Above all, however, the definition of “building money” has been expanded.
According to the old legal situation, the term “building money”, which (also) includes an obligation to use the building money, (only) presupposes that it is money from a real-estate secured construction financing . According to the current legal situation own funds are regarded as building loans now also client or a client when the money for in connection with the construction or remodeling standing performance has been paid and the benefit in addition to the payee more subcontractors were involved.
This is to ensure that amounts paid for construction work, if there is a subcontracting chain , actually benefit those who were involved in the value chain through their services .
The law therefore no longer only supplements the rights of the building contractor resulting from Section 648 of the German Civil Code (“ security mortgage of the building contractor”) ; but extends the protection to any subcontractors. This is to prevent entrepreneurs from having some of the services they owe carried out by subcontractors commissioned by them, but then failing to pay them even though they have received the corresponding remuneration from the client or from a higher-ranking company in the contractual chain.
Web links
Individual evidence
- ↑ Act to secure contractor claims and to improve the enforcement of claims (Claims Securing Act - FoSiG) of October 23, 2008 ( Federal Law Gazette, pp. 2022, 2023 f.); Valid from January 1, 2009.
- ↑ a b c d e Hans Funke: Law on the protection of building requirements (BauFordSiG / GSB) . In: Hans Ganten, Günther Jansen, Wolfgang Voit (ed.): Beck'scher VOB commentary. Procurement and construction contract procedures, Part B . 3. Edition. CH Beck, Munich 2013, ISBN 978-3-406-61344-9 , pp. 279-288.
