Landlord Liability for Building Insurance Premiums as Ancillary Costs

The appellate court upheld the lower court's decision that a landlord could not charge a tenant for the building insurance premium as part of ancillary costs, reasoning that the statutory definition of ancillary costs under the Code of Obligations is mandatory, and costs not related to the tenant's use of the rented property, such as building insurance which falls under burdens and public charges (Art. 256b OR), cannot be validly stipulated as a divisible ancillary cost in the lease agreement; if the landlord intended to pass these costs to the tenant, they should have been included in the rent calculation from the outset.