Has the professional association blocked the scaffold during self-performance?

  • Erstellt am 2020-12-11 18:19:27

Scout

2020-12-12 14:08:30
  • #1
"Information sheet for private builders"

"A builder is someone who prepares/carries out a construction measure on their own responsibility or has it prepared/carried out. The builder is usually the person to whom the building permit is granted and/or who is registered as the owner of the property in the land register. If the builder carries out individual or all construction work[B] with or without the use of assistants themselves, the builder is considered an entrepreneur of non-commercial construction work (owner-builder).[B] For the duration of the non-commercial construction work, the builder belongs to the competent professional association (§ 136 para. 1 Social Code VII). "
 

11ant

2020-12-12 14:34:21
  • #2
Wow. Then you should probably derive from this very §136 SGB VII, sentence 3 "In the case of construction work carried out non-commercially by oneself, the accident insurance carrier can waive the determination of its responsibility by written notice," to request the waiver of your inclusion in the BG (and they must probably have already issued a notice to consider you as their insured). On the other hand, by collecting contributions as a compulsory member, they also acknowledge to provide you with a pension if you become unable to work on your own construction site. That things one does for oneself can legally lead to occupational accidents was new to me. If you do not employ any helpers other than yourself, in my opinion you should also be exemptable from compulsory membership.
 

Mürker13

2020-12-12 14:35:20
  • #3


and this professional association states that it insures the helpers. Not the builder. So who determines what the builder is allowed to do and what not. If something happens to me on the construction site, BG Bau does not pay me and I am therefore not insured.
 

haydee

2020-12-12 14:42:07
  • #4
Why can't you set up your scaffolding according to the UVV for your own safety? It doesn't matter whether the BG or the KV pays the medical costs. The main damage is incurred by the person who falls.
 

Mürker13

2020-12-13 09:28:28
  • #5
Because I don't pay for scaffolding that stands around for a year and I use this scaffolding in the company in the same way, but strangely the BG never shows up there. I can very well assess what I am capable of and what not ;) Just want to know if he can forbid me from doing it or not, nothing more and nothing less. But I will contact my legal expenses insurance regarding this, hoped that the result would be clearer :D
 

Olli-Ka

2020-12-13 12:28:12
  • #6
Hi, quite interesting, keep us posted. . .
Olli
 

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