Why is a home considered a liability

House and property liability

Do you own an apartment building or a vacant lot or are the landlord of a single family house, the conclusion of a Liability insurance for home and property necessary. Because all owners of land are subject to a duty to maintain safety. The property owner must take appropriate precautions to protect passers-by and visitors from damage.


The cleaning, gritting and snow removal of the sidewalks are among such duties of the house and landowner. The scope of these obligations can be found in the local statutes of the respective municipality. However, if the tenant is obliged by the lease to take over work such as gritting and cleaning service, this does not release the home and landowner from the obligation to take out insurance.


In addition, the landowner must ensure that the sidewalks are in perfect condition and that there is no risk of injury from holes or raised slabs. The increased liability for house and landowners is determined in particular by the provisions of the German Civil Code (ยง 836). If a house collapses or parts of the building become detached, causing personal injury or property damage, the house owner is liable, unless he can prove that he has taken the necessary care to prevent damage. In the event of damage, the homeowner must therefore prove that he has had the building constructed by reliable specialists and regularly checked. If he does not succeed, it is considered to be his fault.


The home and landowner's liability insurance also covers damage caused by vehicles that only travel on non-public roads and places. The insurance also includes motor vehicles with a maximum speed of no more than 6 km / h and self-propelled machines with a maximum speed of no more than 20 km / h.


If there is a community of apartment owners, there is also a liability risk for them. The community property includes parts of the building such as external walls, stairs, roofs, community basements, as well as the property with sidewalks, green spaces, etc. This risk is covered by the home and property owner's liability insurance, which must be taken out by the community. The administrator to be appointed is also insured.


In the case of buildings that were built for a community of homeowners, the Home and landowner liability insurance but private liability insurance, as this property is considered separate property. This usually includes the apartment, the basement and in some cases the adjacent car parking space.


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