Clarify the policy and transfer with the insurer
Request the policy, endorsements and latest premium statement. Section 69 VersVG governs the buyer’s entry into rights and duties on transfer; the dates and policy details must be documented.
Review building insurance after an auction award: transfer, premium period, termination and open losses.
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After an auction award, the buyer should place the building insurance at the centre of the handover plan. The building, policy, premium period and claims history are separate review fields. The change of ownership does not by itself answer who must notify the insurer, who bears the premium or which open loss is being handled.
Section 207 EO governs the transition of risk, income and burdens in enforcement. The insurance contract and the Insurance Contract Act add their own rules. A clean distinction prevents a gap in cover and an incorrect allocation of an old loss.
Select the current situation. The result identifies the record that should be secured first.
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Request the policy, endorsements and latest premium statement. Section 69 VersVG governs the buyer’s entry into rights and duties on transfer; the dates and policy details must be documented.
Record the insurance period, due date and payments. Section 69(2) VersVG can create joint liability for the current period. The internal allocation should state the date and evidence.
Document occurrence, knowledge, notification and repairs. Losses before and after the award must be separated; the policy and VersVG govern the further review.
Section 207 EO separates risk, income and burdens from handover and land-register entry. It does not provide a blanket answer for every insurance cover. The policy describes insured risks, duties, deductibles, premium and the beginning or end of cover.
On the transfer of an insured thing, section 69(1) VersVG generally places the buyer in the rights and duties of the insurance relationship. In a judicial auction, the award order, transfer of ownership and specific policy should be reviewed together. A property manager’s statement does not replace that review.
Request the complete policy with endorsements. A single insurance confirmation often shows neither exclusions nor deductibles nor the current premium period.
The three issues are often mixed even though they require different evidence and produce different consequences.
| Review field | Core question | Evidence |
|---|---|---|
| Insurance transfer | What is insured and when does the buyer enter the policy? | Policy, award order, ownership and handover dates. |
| Premium | Which period is running and who has paid it? | Premium invoice, payment record and date allocation. |
| Loss | When did the event occur and when was it notified? | Notification, photographs, report, repairs and correspondence. |
| Termination | Should the policy continue or end? | Acquisition and knowledge dates, notice and proof of receipt. |
The policy may contain additional periods and duties. Statutory termination rights must be checked against the correct date.
Section 69(2) VersVG can make seller and buyer jointly liable for the premium of the current insurance period. The buyer therefore needs a visible allocation of period, due date and payments in the handover file.
An internal allocation between the parties does not automatically change the relationship with the insurer. Keep two questions separate: who owes which amount to the insurer, and who bears which period internally?
Section 70 VersVG provides specific termination rights and one-month periods for insurer and buyer. The period may run from acquisition or knowledge. No termination should rest on an assumed date.
This sequence protects against a gap between ownership, premium payment and notification of loss.
Request the contract, endorsements, limits and deductibles.
Record award, acquisition, knowledge, handover and premium period.
Arrange event, knowledge, notification and repairs chronologically.
Compare sections 69 to 71 VersVG with the policy and one-month periods.
Allocate premium, deductible and open claim with evidence.
For an open water, storm or fire loss, first establish when the event occurred. Then record knowledge, notification, inspection and repair. This chronology matters more than who had access to the building when repairs were carried out.
A loss before the award may belong to the previous policyholder’s claim file even if adjustment continues later. A loss after the award may involve the new owner and its duties. This does not create an automatic promise of cover. The policy, VersVG and facts remain decisive.
Secure photographs, invoices, reports, notifications and all correspondence. If urgent measures are needed, keep protective work and later adjustment separate from premature admissions or unclear cost commitments.
Section 71 VersVG requires notification of the transfer under the statutory rule. Send the award order and relevant acquisition data to the insurer in a traceable way. Obtain confirmation of the recorded policyholder and any unpaid premium.
If the policy is to end, section 70 VersVG and the applicable one-month period must be checked. Notice without a secure trigger date can be late or premature. Until clarified, the financing should account for the risk of an unintended gap in cover.
The article on risk and handover after the award complements the insurance file. It does not replace the policy review.
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BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg
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