General changes to the Guarantee and Warranty Regulations.
1. Clear language
The Guarantee and Warranty Regulation has been rewritten in plain language (B1 level). This is a good development and is in line with the development in the judiciary in which more attention is paid to writing judgments in "plain language.
2. Definition of 'House' and 'Private part' changed
The definition of "Home" and "Private Part" no longer includes vacation, recreational or second homes. Such residences are covered by the Business Guarantee Scheme.
3. Choice of insolvency guarantee
In the event of the Acquirer's insolvency, Woningborg has two options:
- finishing the home and reimbursing the additional cost of finishing the home;
- Reimburse the installments of the contract price already paid by the Acquirer
The 2024 Guarantee and Assurance Regulations more clearly articulate that Woningborg determines for each individual situation in which way (option 1 or 2) the guarantee is carried out.
4. Maximum compensation insolvency guarantee 'winding down'
Woningborg's compensation for exceeding the agreed construction time was a maximum of €75.00 per day and the maximum period over which this compensation was paid was 90 calendar days.
Change
The penalty amount was increased to a maximum of €90.00 per day and the maximum period was increased to a maximum of 120 calendar days.
5. Construction and quality of green spaces
The construction and quality of green spaces is excluded from the Woningborg guarantee and warranty scheme for new construction.
Change
The "construction and quality of green spaces" exclusion does not apply if the green spaces are functional and inseparable from the house on apartment building. That is, the green space cannot be removed from the building without significant damage. Consider, for example, a sedum roof. So the Woningborg guarantee and warranty scheme for new construction does apply to a sedum roof.
6. Recovery Guarantee
If the home fails to meet the quality standards within the warranty period and the business owner is unwilling or unable to repair, the Acquirer may rely on the repair guarantee.
Change
If the Acquirer invokes the Woningborg repair guarantee, the Acquirer will owe a deductible of € 321 including VAT (new construction) and € 318 including VAT (transformation). This amount shall be adjusted annually for new Certificates in accordance with the Consumer Price Index (CPI) all households of the CBS. Woningborg will only process the appeal to the guarantee after timely receipt of the amount due.
In addition, the following significant changes have been made to the warranty exclusions for Attachments A New Construction and Transformation:
Four changes to warranty exclusions (Appendix A New Construction and Transformation)
I. Single and insulating glass (including thermal breakage) (Article 3(f))
Article 3 sub f: Defects in single and insulation glass (including thermal breakage) are excluded from the warranty.
Change
The warranty does apply to safety applications. In that case, the 6-year warranty period applies.
II. Supply by third parties of heat, etc. (Article 3(m))
Article 3 sub m: An individual source system (owned by the Acquirer and located on the plot of the home) is covered by the warranty.
Change
It did not follow sufficiently clearly from the Guarantee and Warrant Scheme what a heating installation (whether or not combined with a hot water installation) of the House or Private Part must comply with. Article 4 of the Warranty and Guarantee Regulations therefore includes the conditions that the heating installation must meet.
Practice
In practice, there are often discussions about the conditions that the heating system should meet such as the level of temperature to be achieved and maintained (up to an outside temperature of -10 degrees) in the various rooms in the house, with this clarification these discussions can be more easily settled.
III. Draughts resulting from technically required ventilation
Draughts (only) resulting from the technically required installation are not covered by the warranty.
Change
If the draft exceeds the applicable legal building code standards, the draft complaint does fall under the warranty.
IV. Limited warranty period hardware
For hardware, a reduced warranty period of 1 year applies.
Change
Building hardware now includes door closers.
The Quality Assurance Act (Wkb).
As of Jan. 1, 2024, the Building Quality Assurance Act came into effect. Changes follow from this Act that apply to all building contracts signed between a contractor and a private client from January 1, 2024. The model agreements of Woningborg have been adapted to the Wkb in terms of terminology and the general terms and conditions also contain a number of changes of a more fundamental nature.
Tips for practice
Make sure that the changes are known within your organization and set up your organization accordingly so that there are no unexpected surprises. For example, make sure that the changes in warranty exclusions are known within your company so that you are not surprised.
