building insurance for commercial and residential

Optimal Building Insurance for Business and Residence: Your Comprehensive Guide

13 May 2025

12

Minutes

Katrin Straub

CEO at nextsure

One property, two types of use – double protection needed? The right building insurance for business and residential purposes is crucial to avoid financial risks in case of damage. Find out how to choose the right policy and avoid pitfalls.

The topic in brief and concise terms

The fifty percent rule (commercial share) determines the type of building insurance required (commercial or private with business registration).

The 1914 value and the sliding new value factor are crucial for the correct insurance sum and help avoid underinsurance.

An accurate declaration of the commercial use and all risk-enhancing circumstances is essential for full insurance coverage.

The 50 Percent Rule: Understanding the Foundation of Proper Coverage

The correct classification of your property is the first step.

If the building is used for more than fifty percent commercial purposes, a special commercial building insurance is usually required.

If the commercial portion is below that, a residential building insurance with a declaration of commercial use may suffice.

This distinction significantly influences premiums and benefits.

An accurate calculation of the area is therefore essential for insurance coverage.

The type of business also plays a role; a craft business often carries higher risks than an office.

This is how you ensure the long-term value of your property.

The correct classification avoids coverage gaps in the event of a claim.

Define range of services: Choose basic protection and meaningful extensions

A comprehensive building insurance for commercial and residential properties typically covers damage from fire, water leaks, storms, and hail.

For example, it covers the costs of repairs after a pipe burst that floods a ground-floor shop.

Storm damage to the roof of a three-story residential and commercial building is usually covered as well.

However, many owners underestimate additional risks.

Consider which optional modules make sense for your property.

These include:

  • Natural hazards insurance: Protection against flooding, heavy rain, or snow pressure – increasingly important as extreme weather becomes more common.

  • Glass insurance: Covers breakage damages to shop windows or large glass facades, which can quickly incur several thousand euros in costs.

  • Rental loss insurance: Compensates for lost rental income if the building is unusable after damage, often for up to 48 months.

  • Protection of photovoltaic systems: Special coverage for solar panels on the roof.

A thorough needs analysis helps to optimally tailor the insurance coverage to the specific risks of your mixed-use property.

This ensures that you are not left with high costs in an emergency.

Calculate costs: Understand premium calculation and value 1914

Premiums for building insurance for both commercial and residential properties are dependent on various factors.

These include the building's value, the type of commercial use, and the location.

An important factor is the sum insured, which is often calculated based on the so-called 1914 value.

This theoretical calculation presents the building's construction costs in 1914 in Goldmark.

Multiplied by the annually adjusted sliding new value factor from GDV, it results in today's new building value.

For the year 2024, for example, this factor is 26.1.

The formula is: 1914 value x sliding new value factor x insurer's contribution rate = annual premium.

Accurately determining the 1914 value is crucial to avoid the risk of underinsurance.

For mixed-use buildings with up to fifty percent commercial usage, form 771 can be used.

This takes into account the volume and features.

Precise value determination ensures you receive compensation that allows for reconstruction at current prices in the event of damage.

Understanding this calculation logic helps you compare offers more effectively.

Special case rental: Allocate insurance costs to tenants

As a landlord of a mixed-use property, you can apportion the costs of the building insurance to your tenants.

This requires a corresponding agreement in the lease, which often refers to paragraph 556 of the German Civil Code (BGB).

With mixed use, a precise breakdown of the costs is crucial.

The premiums for commercially used areas are often more expensive than for residential areas due to higher risks.

A residential tenant, therefore, only has to bear the cost share attributable to purely residential use.

A 2016 ruling by the AG Tempelhof-Kreuzberg confirmed that costs for commercial portions must be deducted in advance.

This applies not only to insurance but also to water or electricity costs.

A transparent service charge statement is essential here to avoid conflicts.

Clarify the apportionability and distribution key in detail to act legally securely.

This creates clarity for both parties and secures your claims as a landlord.

Navigating Legal Pitfalls: Understanding VVG, VGB, and Disclosure Obligations

The building insurance for commercial and residential properties is based on the Insurance Contract Act (VVG) and the General Residential Building Insurance Conditions (VGB).

There are different versions of the VGB (e.g., VGB 2008, VGB 2011), and the exact wording matters in the event of a claim.

A key duty of the policyholder is the complete and accurate disclosure of all risk-relevant circumstances before and during the policy term.

This includes the precise description of commercial use, such as a quiet office or a workshop with three machines.

A change in use, such as converting office space into a brothel, must also be reported to the insurer.

If you withhold relevant details, you risk losing your insurance coverage in case of an emergency.

A breach of the disclosure obligation can lead to the insurer's release from performance, even if the damage amount is only one million euros.

Always inform your insurer about any structural changes or new risks.

This ensures that your insurance coverage is always up to date and effective when you need it.

Learning from practical experience: Current court rulings and their significance

Court decisions shape the interpretation of insurance terms and highlight typical points of dispute.

The Federal Court of Justice (BGH) has clarified that the exclusion for damage caused by "fungus" (house fungus) in the water damage insurance also applies if the fungal infestation is the result of an insured water leak.

This emphasizes the importance of carefully reviewing exclusions.

Another ruling concerns the burden of proof for flood damage; the insured party must prove the insurance claim.

These rulings illustrate how important precise contract wording and accurate damage documentation are.

They also show that not every water damage is automatically covered.

Knowing current case law helps to better assess one's own rights and obligations.

Seek expert advice: Optimal protection and avoid pitfalls

Choosing the right building insurance for commercial and residential properties requires care and expertise.

An individual needs analysis is essential to ensure precise coverage.

Expert tip: Make sure you have sufficient insured value to avoid underinsurance.

Dynamic replacement value insurance is usually the best option here, as it takes into account price increases in the construction industry.

Carefully clarify which risks are covered by the chosen policy and which additional modules, such as elemental damage insurance, are sensible for your specific situation.

Obtain multiple offers and compare not only the price but also the detailed service descriptions and exclusions.

Professional advice can help avoid pitfalls and optimize your insurance coverage.

Do not underestimate the complexity, especially with mixed-use properties involving different types of businesses.

Careful planning protects against unpleasant surprises and secures your livelihood in the event of a claim.

nextsure is happy to assist you in analyzing your risk situation.

Request an individual risk analysis now: Have your insurance situation reviewed for free and receive concrete optimization proposals.

FAQ

Do I need special building insurance if I run a small office in my home?

Yes, you must report the commercial use to your insurer. As long as the residential portion predominates (more than fifty percent) and the business is low-risk (e.g., purely office-based), this can often be covered under your existing home insurance with an additional premium. However, a thorough assessment is always necessary.

What happens if I do not correctly specify the commercial portion of my property?

Incorrect or incomplete information regarding commercial use may be considered a breach of disclosure requirements. In the worst case, the insurer may reduce or refuse benefits in the event of a claim. Honesty and accuracy are crucial here.

Are damages from heavy rain always included in commercial and residential building insurance?

No, damage from heavy rain or flooding is classified as elemental damage. This typically needs to be covered by an additional module, the elemental damage insurance. Basic coverage usually does not include this.

How often should I review my building insurance for a mixed-use property?

You should have your policy reviewed regularly, at least every three to five years, as well as after any significant changes (e.g., renovations, change in business use, increase in value). This ensures that your coverage is up-to-date and that there is no underinsurance.

What does 'current replacement value' mean in building insurance?

The floating new value ensures that the insurance sum is adjusted annually to reflect developments in construction prices. In the event of a claim, you will receive the cost for a new building of the same kind and quality at current prices, even if construction costs have increased since the contract was concluded.

What role does the type of business play in the premium for building insurance?

The type of business has a significant impact. A manufacturing business with machinery or storage of flammable materials poses a higher risk (e.g., fire hazard) and leads to higher premiums than, for instance, a purely administrative office or a doctor's practice with low tangible assets.

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nextsure – Your digital platform for health and protection insurance. Transparent comparisons, easy online sign-up, and personal expert support make it possible.

nextsure – Your digital platform for health and protection insurance. Transparent comparisons, easy online sign-up, and personal expert support make it possible.