Ordinance on the Property Insurance Act (GebVV) - Building Ownership by Multiple Persons (§ 6 GebVG) (GebVV)

1. If multiple persons hold ownership of a building, they must designate a representative for the management of dealings with the building insurance.

2. If they do not comply with the building insurance's request to appoint a representative, notification may be delivered to all owners at their expense or through publication in the official gazette.

1. A building is considered to be any immovable product of construction activity with all its components, that contains usable space and is accessible.

1. Exemptions from Mandatory Insurance

a) Buildings with an insured value under CHF 10,000,

b) Buildings not intended as permanent structures, such as construction barracks, festival booths, and market stalls.

1. A storm is an atmospheric air movement of extraordinary severity.

2. The presence of a storm in the insurance-technical sense is assumed when a majority of properly constructed and maintained buildings in the vicinity of the insured object, especially roofs, are completely or partially uncovered, or healthy trees are significantly damaged.

3. If the collective damage pattern is not present with the intensity described in paragraph 2, the building insurance may compensate for the damage if the wind speed concerning the insured object was measured at a minimum of 63 km/h (10-minute average) or several gusts peaked at a minimum of 100 km/h.

4. If, due to surrounding conditions, there is no damage pattern according to paragraph 2, and measurement values according to paragraph 3 cannot be applied to the insured object, the building insurance may compensate for the damage if, based on the damage pattern on the insured object, it must be assumed that the conditions according to paragraph 2 would have been met.

1. Hail is a weather-related precipitation in the form of ice pellets that causes damage to an insured object through direct or indirect impact.

2. Not covered is the damage to construction parts constantly exposed to the elements, which due to their nature or aging, have a hail resistance of less than one (HR < 1).

1. Flooding is a water level or discharge in a standing or flowing body of water that is significantly above the long-term average or exceeds the set gauges or flow rates, triggered by precipitation or meltwater.

2. Flooding refers to the temporary covering of a land area with water, directly caused by precipitation or meltwater, or by floodwater as defined in section 1.

3. Also covered are flood and inundation damages to buildings as a result of preventive measures, particularly lake drawdowns, even if these occurred out of canton, and even if the relevant forecast did not materialize.

4. Groundwater is understood to be all water located beneath the earth's surface, regardless of whether it is from the groundwater stream, hillside water, or seepage water.

1. Snow Slide is the sudden accelerated sliding of a naturally accumulated mass of snow or ice in open terrain or from a roof.

1. Snow pressure is the effect of the weight of a stationary mass of snow or ice that has accumulated naturally.

2. Damages to buildings whose support structure's required resistance strength against snow pressure, based on the rules of construction science, falls short by 50% or more are not covered.

1. A landslide in the insurance-technical sense occurs when natural soil uncontrollably begins to slide in a natural manner.

2. A landslide is presumed if, at the time of the insured event, additional buildings in the vicinity of the insured object were damaged, cracks and breaks in the soil occurred, or trees, poles, or fences were tilted.

1. The insurance legal protection objectives correspond to the rules of construction science as defined by building legislation.

2. Insofar as there are no defined rules of construction science for an insured natural hazard, the following insurance legal protection objectives apply

a) * In hail prevention, weather-exposed construction components must comply with HW 3, provided such components are available and no building materials with a lower hail resistance are legally required,

b) * For buildings located in a hazard zone, effective preventive measures must correspond to the protection deficit as per the hazard map,

c) * For known hazard exposures, suitable measures must be taken to largely protect the building from imminent elemental damages.

1. For the assessment of the suitability and effectiveness as well as the cost-benefit ratio of preventive measures, the guidelines "Object Protection Against Gravitational Natural Hazards" (Version 2005) and "Object Protection Against Meteorological Natural Hazards" (Version 2007) of the Association of Cantonal Fire Insurances are applicable.

1. Items insured with the building are also covered outside the property, provided that no compensation is obtainable from a third party in the event of damage.

1. Intangible values such as artistic and collectible values are not insured.

1. In the event of grossly negligent violation of the duty to avert and mitigate damage, the building insurance is entitled to reduce the compensation based on § 27 para. 2 of the Building Insurance Act (GebVG).

1. Fully depreciated parts of a building may no longer be used for reconstruction.

2. If such reuse is determined, the compensation shall be reduced.

1. If fire extinguishing and rescue measures result in direct consequential damages to objects insured by the building insurance, the compensation is determined according to the provisions of this law.

2. In all other respects, the current value is compensated.

1. A building is considered restored for a different use when it has been structurally significantly altered for another purpose.

1. Important reasons that may justify an extension of the deadline for reconstruction include, in particular, objective hindrances, such as the duration of public-law procedures.

1. Special circumstances are particularly present when the construction or previous use at the old location is impermissible due to public law reasons.

1. In cases where damages amount to at least one-third of the insured value (valuation damage), the current value is compensated upon the final determination of the valuation. The remainder of the compensation is paid at the time when the insured value of the replacement building reaches that of the damaged building on the day of the damage. If this value is not reached, the remainder of the damage amount will be paid out when and to the extent that the new value of the restored building exceeds the total of the building residue and the compensation for current value damage.

2. In cases where damages amount to less than one-third of the insured value (restoration damage), the compensation is paid after the completion of the restoration or after the expiry of the restoration period.

3. In the event of major damages, partial payments may be made in accordance with the progress of construction.

4. If the decision is made not to rebuild, the reimbursement of cleanup costs will only occur after the site has been cleared.

5. If it is anticipated that the total sum of all compensations from a single insured fire or natural disaster event, not covered by reinsurance, will exceed 40% of the reserves in existence at the beginning of the year, the payment of compensation will occur only after the determination of all damages from this event.

1. The compensation payment shall be made, insofar as the mortgage is not covered, to the mortgagees.

2. If other pledges are associated with the damaged building, only the portion of the compensation that relates to the insurance sum in the same proportion as the mortgage debts to the value of the total collateral is paid to the mortgagees.

1. Compensation, including ancillary services, shall be subject to an interest rate of 3%.

1. Upon request by a municipality, the building insurance shall provide the building data to it, provided that a public interest is demonstrated. The municipalities may be charged for the costs incurred.

2. To the extent that municipalities are involved in the organization of the appraisal, the building insurance shall reimburse them for the expenses incurred in accordance with this function.

1. Unless the provision of services free of charge is stipulated in special decrees, the building insurance and central administration must compensate each other for the services rendered at cost.

1. For the owners of existing buildings, the protection objectives pursuant to § 5 para. 2 lit. a-c only become binding after notification by the AGV.

1. This regulation shall be published in the official law collection. It shall come into force on January 1, 2008.