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the use of funds from the Housing Development Fund a loan


Published: 2002
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97/2002 Coll. GOVERNMENT REGULATION of 20 February 2002 on the Use of the State Housing Development Fund in the form of a loan to cover part of the costs associated with the construction of apartment persons under 36 years of Change: 665/2004 Coll. Change: 98/2007 Coll. Government directs pursuant to § 9 of the Act no. 211/2000 Coll., On the State Housing Development Fund and amending Act no. 171/1991 Coll., On the competence of the Czech Republic in matters of transfer of state property to other persons and the National Property Fund of the Czech Republic, as amended, to implement § 3 para. 1 point. a) of the Act: § 1 This Regulation lays down the scope and conditions for provision of loans from the State Housing Development Fund (the "Fund") to persons under 36 years of age (hereinafter referred to as "applicant") to cover part of the costs associated with the construction of the apartment. § 2 In this Regulation: a) the construction of an apartment building first flat under the law on ownership, ^ 1) 2. Construction of an apartment in the family house, ^ 2) or 3. remodeling could be created from areas that were kolaudovany for purposes other than housing, b) the applicant is a natural person applying for a loan provided under this regulation, c) the recipient of the applicant, who was a loan under this regulation provided, d) the acquirer natural person to whom passed or have been transferred ownership rights the apartment completed in accordance with subparagraph a) at the time the loan granted under this regulation is not repaid. § 3 (1) Loans under this Regulation may be granted to an applicant who has not reached in applying for a loan 36 years and not at the time of submission of the application owner or co-owner of the apartment, residential house ^ 3), or a house. ^ 2) (2) if the loan application is made during the marriage of the applicant can provide loan fulfills the conditions referred to in paragraph 1 of both spouses. (3) A loan may be granted, subject to the conditions set out in paragraphs 1 and 2, the construction of a) an apartment where the floor area of ​​all rooms of the apartment, including rooms that make up accessory apartment, does not exceed 80 m2, or b) flat in a family house with one flat if the floor area of ​​dwelling rooms, including rooms that make up accessory apartment, except garages, shall not exceed 120 m2. (4) Loans under this Regulation may be granted for the construction of the apartment initiated based on building permits issued from 1 January 2000 or when the other conditions to carry out the work required by the Building Act after January 1, 2007. (5) The apartment building acquired under this Regulation must be in the Czech Republic and for the repayment of the loan may not be used for purposes other than residential recipient or acquirer. (6) Loan under this Regulation shall not be granted for the construction of flats, which was granted a loan from the State Housing Development Fund pursuant to Government Decree no. 616/2004 Coll., On the Use of the State Housing Development Fund in the form of a loan to cover part of the cost construction or purchase of a flat by some individuals under 36 years of age. § 4 (1) A written application for a loan is submitted to the Fund and are processed in the order in which they were received by the Fund. (2) The loan application always contains the full name, permanent address and date of birth of the applicant, requested loan amount and type of construction of the apartment according to § 2. a). (3) The loan is granted under the loan agreement concluded between the applicant and the Fund. (4) Loans are granted in the Czech currency. (5) Loan can provide the beneficiary or transferee repeatedly; during the marriage may be granted only one loan; the construction of flats, which was under this Regulation loan was granted, it can not have another loan under this regulation to provide. (6) be issued according to § 2. a) shall be for a period of loan repayment wholly owned by the recipient or acquirer. If the loan was granted one of the spouses must be, if the marriage lasts, be built according to § 2. a) for repayment of the loan in joint marital property or solely owned by spouses from whom the loan was granted. § 5 (1) A loan may be granted up to 200 000 CZK. (2) Spent loan funds are remunerated at the rate of 3% per annum; interest depleted part of the loan starts to the date of the loan. (3) The recipient must initiate a loan up to 2 years from the date of the loan contract. (4) The loan can be drawn within 3 years from the date of the loan contract; an amount that was not after 3 years is exhausted, the total amount of credit granted decreased. § 6 (1) The loan is repayable within 10 years from the day when it was started with the drawing. If requested during the repayment period of the loan recipient or purchaser in writing of the discontinuation of loan repayment for serious reasons, which are mainly job loss or illness, the Fund may authorize the suspension of repayment for up to 2 years. In this case, the maturity of the loan extended by the period for which they were allowed to interrupt repayment. (2) The loan is repaid by regular monthly installments including repayment of principal and interest on the account specified in the loan agreement; the recipient or the purchaser can always pay extra installments and to repay the loan early. (3) The Fund is authorized to withdraw from the credit agreement) if the recipient or the purchaser is in arrears with payment of at least 2 monthly loan installments in the agreed amount and term and fails to resolve these outstanding payments within 30 days after receipt of a written notice to the Fund for payment if he was not allowed to interrupt the loan repayment in accordance with paragraph 1, b) fails if the recipient or acquirer conditions specified in § 3 para. 5, § 4 para. 6 and § 5 para. 3. (4) In case of withdrawal from the credit agreement, the Fund may demand immediate repayment of the outstanding amount and withhold undrawn portion of the loan. The credit agreement expires on the date on which the recipient or acquirer of the Fund delivered a notice that it was withdrawing from the contract. In the event of a breach of the conditions shall be governed by special legislation. ^ 4) § 7 (1) If the transfer of ownership of an apartment completed in accordance with § 2. a) for which the loan was granted under this Regulation, to another individual at a time when the loan is not repaid, the transferee may take over the obligation to repay the loan only if it satisfies the conditions set out in § 3 para. 1 and 2. Where a transferee conditions set out in § 3 para. 1 and 2, the recipient repays the loan before the transfer of ownership of the apartment. In the event that the owner of the apartment after the agreement of the spouses or the dissolution of marriage other than by the death of her husband becomes her husband, to whom the loan was granted, the conditions set out in § 3 para. 1 and 2 is not required. (2) If the transition of ownership of the dwelling completed in accordance with § 2. a) for which the loan was granted under this Regulation, at the time the loan is not repaid, the transferee may take over the obligation to repay the loan and the conditions set out in § 3 para. 1 and 2 is not required. § 8 to check compliance with the conditions of use of the Fund under this Regulation and apply sanctions to special legislation. ^ 5) § 9 This Regulation shall enter into force on 15 April 2002. Prime Minister: Ing. Zeman Minister for Regional Development: Ing. Lachnit, PhD. vr 1) Act no. 72/1994 Coll., regulating some co-ownership relations to buildings and some ownership rights to housing and non-residential premises and to amend some laws (Act on ownership), as amended by Act no. 273/1994 Coll. , Constitutional Court judgment published as no. 280/1996 Coll., Act no. 97/1999 Coll., Act no. 103/2000 Coll., Act no. 229/2001 Coll. and Act no. 451/2001 Coll. 2) § 3. c) Decree no. 137/1998 Coll., on general technical requirements for construction. 3) § 3. b) Decree no. 137/1998 Coll. 4) Act no. 218/2000 Coll., On budgetary rules and amending some related Acts (budgetary rules), as amended by Act no. 493/2000 Coll., Act no. 141/2001 Coll., Act no. 187/2001 Coll., Act no. 320/2001 Coll. and Act no. 450/2001 Coll. 5) § 44 of Act no. 218/2000 Coll., As amended by Act no. 187/2001 Coll. and Act no. 320/2001 Coll. Act no. 320/2001 Coll., On financial control in public administration and amending certain laws (Act on Financial Control).