ᐅ The construction company BG Bau is requesting information about our financing.
Created on: 27 Mar 2017 18:18
K
Kaspatoo
Hello,
the BG Bau wants to know something again.
Among other things:
"Who has provided the construction financing and in what manner?"
or
"Who has signed loan agreements with which bank (please attach copies of the credit agreements)"
I am now wondering if I am even required to provide this information.
The letter states:
"
Due to the obligation to provide information, we refer to §§ 191, 192 of the Social Code (SGB) VII in conjunction with the statute of BG BAU.
"
I have looked up these references and consider only the following paragraph to be relevant:
"
(5) Property owners are obliged, upon request of the responsible accident insurance provider, to provide information necessary to fulfill the statutory duties of the accident insurance provider (§ 199). This includes
1. information on whether and which non-commercial construction work is being carried out,
2. information on which contractors are commissioned to perform commercial construction work.
"
From this, I conclude that I am not obliged to provide any information about our financing.
Am I misunderstanding this? How was it for you?
Best regards
the BG Bau wants to know something again.
Among other things:
"Who has provided the construction financing and in what manner?"
or
"Who has signed loan agreements with which bank (please attach copies of the credit agreements)"
I am now wondering if I am even required to provide this information.
The letter states:
"
Due to the obligation to provide information, we refer to §§ 191, 192 of the Social Code (SGB) VII in conjunction with the statute of BG BAU.
"
I have looked up these references and consider only the following paragraph to be relevant:
"
(5) Property owners are obliged, upon request of the responsible accident insurance provider, to provide information necessary to fulfill the statutory duties of the accident insurance provider (§ 199). This includes
1. information on whether and which non-commercial construction work is being carried out,
2. information on which contractors are commissioned to perform commercial construction work.
"
From this, I conclude that I am not obliged to provide any information about our financing.
Am I misunderstanding this? How was it for you?
Best regards
As far as I know, it is (legally?) mandatory to insure any workers on your construction site with the statutory accident insurance (BG). You also receive a form where you must specify who works when and for how long. I am not sure to what extent you need to estimate this in advance, meaning when you have to insure them beforehand.
In any case, you cannot avoid this insurance for others (otherwise it is not legal). The reason is that as the client, you effectively become a kind of employer, and as such, you are obliged to provide appropriate insurance coverage for your "employees." And we all know that "raising a hand and calling the BG in case of an accident" leads to better hospital care than using our basic health insurance card. Would any of you voluntarily waive BG protection from your employer? Employers would gladly save the contributions for you.
Clients themselves are excluded from this insurance coverage as far as I understand. They must have private or statutory health insurance. In that respect, I am not sure whether it is really an advantage to have oneself recognized as a client by the BG.
I think the reason the BG requests all this information is to a) identify who the clients are, b) find out who, outside of contracted companies charging VAT, is working on the construction (which triggers mandatory insurance), and c) prevent under-the-table deals (such as funding gaps, declaring a lot of personal work but officially registering very little, etc.).
But to maybe return to my original question regarding the legal obligation to provide information:
Does anyone see a requirement there to also disclose statements about financing? The BG did not specify which of the requested information are subject to the disclosure obligation but only referred to the relevant legal paragraphs. However, I suspect no one here really has a legally certain answer. I will simply put our names everywhere and mention that we are taking out a loan, but I won’t go into detail, nor will I attach our bank documents.
In any case, you cannot avoid this insurance for others (otherwise it is not legal). The reason is that as the client, you effectively become a kind of employer, and as such, you are obliged to provide appropriate insurance coverage for your "employees." And we all know that "raising a hand and calling the BG in case of an accident" leads to better hospital care than using our basic health insurance card. Would any of you voluntarily waive BG protection from your employer? Employers would gladly save the contributions for you.
Clients themselves are excluded from this insurance coverage as far as I understand. They must have private or statutory health insurance. In that respect, I am not sure whether it is really an advantage to have oneself recognized as a client by the BG.
I think the reason the BG requests all this information is to a) identify who the clients are, b) find out who, outside of contracted companies charging VAT, is working on the construction (which triggers mandatory insurance), and c) prevent under-the-table deals (such as funding gaps, declaring a lot of personal work but officially registering very little, etc.).
But to maybe return to my original question regarding the legal obligation to provide information:
Does anyone see a requirement there to also disclose statements about financing? The BG did not specify which of the requested information are subject to the disclosure obligation but only referred to the relevant legal paragraphs. However, I suspect no one here really has a legally certain answer. I will simply put our names everywhere and mention that we are taking out a loan, but I won’t go into detail, nor will I attach our bank documents.