Kwalifikacja obiektu budowlanego jako budynku wchodzącego w skład gospodarstwa rolnego
w rozumieniu przepisów o obowiązkowym ubezpieczeniu budynków rolniczych
Classification of a building structure as an building being part of an agricultural farm within the meaning of the provisions on compulsory insurance of agricultural buildings
Author(s): Katarzyna Małysa-SulińskaSubject(s): Law, Constitution, Jurisprudence, Civil Law, Administrative Law
Published by: Polska Izba Ubezpieczeń
Keywords: compulsory insurance of an agricultural building against fire and other random events; agricultural building; features of a building
Summary/Abstract: Compulsory insurance of an agricultural building against fire and other random events applies to building structures which meet the criteria specified by the legislator. One of them is qualification of the structure in question as a building within the meaning of Art. 3(2) of the Act of 7 July 1994 – Construction Law. This involves verification of four features which every building should satisfy, namely: permanent at- tachment to the ground, separation from the space with building partitions, and having foundations and a roof. The development of building techniques, as well as investors’ creativity, raises, more and more often, doubts as to the qualification of a building structure as a building within the meaning of the pro- visions of the said Act. The present article, with extensive reference to the case law of the administra- tive courts and the views of the doctrine, provides an in-depth analysis of all the indicated features of a building. The conditions for covering a building structure with obligatory insurance of an agricultural building against fire and other random events were also indicated.
Journal: Wiadomości Ubezpieczeniowe
- Issue Year: 2021
- Issue No: 3
- Page Range: 21-31
- Page Count: 11
- Language: Polish