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conditions of providing allowances for mortgage. loans to persons under 36 years of age


Published: 2002
Read law translated into English here: https://www.global-regulation.com/translation/czech-republic/508726/conditions-of-providing-allowances-for-mortgage.-loans-to-persons-under-36-years-of-age.html

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249/2002 Coll. GOVERNMENT REGULATION of 22 May 2002 on the conditions for the granting of allowances for mortgage loans to persons under 36 years of Change: 32/2004 Coll. Government orders implementing the 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 Sb., Act no. 320/2001 Coll. and Act no. 450/2001 Coll .: § 1 This Regulation lays down the scope and conditions for the granting of allowances from the state budget for the repayments of the mortgage loan (the "Loan") provided on the purchase of an apartment or house with one flat or to buy a flat or a house with one flat including the land or its respective parts, which are purchased with the flat or a family house with one apartment and the purchase of movable and immovable property which is on those parcels are located (hereinafter referred to as "flat or house with one flat" ). § 2 In this Regulation: a) applicant is a natural person who is applying for funds under this Regulation, b) the recipient of a natural person who has wholly owned or jointly owned by spouses apartment or house with one apartment, repaying the loan and are She received contributions under this regulation, c) the transferee natural person to whom passed or have been transferred ownership of an apartment or family home with one flat and that contractually assumed the obligation to repay the loan, which is provided contributions under this regulation, d) the contribution of individual the amount paid from the state budget to the loan installment, e) installment for the purpose of calculating the allowance payment of principal and interest calculated as a constant monthly payment on the loan repayment period, f) the interruption of loan repayment failure to pay installments on the loan recipient or purchaser in the agreed amount and date, and without the prior agreement of the recipient or the purchaser with a bank that is authorized to issue mortgage bonds ^ 1) (hereinafter referred to as "mortgage bank") to discontinue its repayment. § 3 (1) Contributions under this Regulation shall be provided if a) the applicant in the request for contributions completes 36 years, b) the applicant is not the date of application for funds is the owner or co-owner of the apartment building, house or apartment, except flat or house with one flat that was purchased with the help of a loan, to which contributions are requested under this regulation, c) the date of application for funds is at least 2 years have passed since the first acquisition of ownership of the family house with one flat first owner 2. the acquisition of ownership of the building in which the apartment is located, the owner of the first, if not the flat in point 3, 3. date of final occupancy permit, if it is a flat, which was created by changing the completed building, 4th date of final occupancy permit, if it is a house with apartments and non-residential premises owned, built under contract for the construction, d) an apartment or house with one apartment on the territory of the Czech Republic. (2) If the request for contributions made during the marriage of the applicant to provide contributions, provided they meet the conditions set out in paragraph 1. a) and b) both spouses. § 4 (1) The right to the contributions of this Regulation can not incurred by the beneficiary or transferee repeatedly. To buy an apartment or house with one flat, to which contributions were made under this regulation, not those contributions before the repayment of the loan at the same time provide another applicant. (2) Contributions under this Regulation shall not be granted: a) to buy an apartment or a house with one apartment for which aid is granted under a special law on support for mortgage loans for housing construction, ^ 2) b) a loan that offered by the building society according to special legislation. ^ 3) (3) Contributions are provided only for loans in the Czech currency. If the contract includes a mortgage loan exchange rate hedge clause allowances shall not be provided. § 5 (1) A written request for contributions (hereinafter referred to as "application"), the applicant shall submit a mortgage bank earlier in the day of conclusion of the loan agreement and no later than the commencement of drawdown of the credit for which contributions are required. The request must contain the name and surname of the applicant, his permanent residence, social security number, and if not allocated, the date of his birth. An applicant must also demonstrate that the conditions specified in § 3. (2) The applicant who submits proof of transfer of ownership to an apartment or a family house with one apartment in the Land Registry, the mortgage bank concludes a contract for the provision of contributions under this Regulation . (3) The allowance shall be granted to the beneficiary or assignee of the loan or its part intended to buy an apartment for no more than 800 thousand. CZK, or to buy a house with one flat up to a maximum amount of EUR 1.5 mil. CZK. If the loan exceeds or part intended to buy an apartment or a house with one flat amount referred to in the first sentence, contributions to the portion of the loan in excess of these amounts provide them. (4) Contributions may be provided for repayment of the loan, for a maximum period of 10 years. § 6 (1) This paper provides the loan installment specified in the loan agreement. Contribution over the past month are transferred to the transferee or recipient to the designated account by the end of the following month. (2) Allowance per month installment shall be for an amount which is determined as the difference between the amount of payments under normal interest without contribution under this Regulation and the payment amount when the interest reduced by one percentage point, the number of which depends on the average rate of interest on the volume of mortgage lending banks) granted last year under the newly signed loan agreements supported under this Regulation, b) supported under this Regulation, which occurred in the past year to change the interest rate agreed with the mortgage bank, c) provided to individuals on the basis of contracts supported by a loan under a special law on support for mortgage loans for housing construction, ^ 2) of which occurred in the previous year, a change in interest rates agreed with the mortgage bank. (3) The average interest rate published by the Ministry for Regional Development (hereinafter the "Ministry") in public information media and remotely accessible information system. Adjustment is performed every 1 February of the calendar year and is at an average rate of interest a) 8% and over 4 percentage points, b) less than 8% and greater than or equal to 7% of 3 percentage points, c) less than 7% greater than or equal to 6% 2 percentage points, d) less than 6% and greater than or equal to 5% 1 percentage point; if the average interest rate of less than 5% allowance shall be granted. (4) When determining the amount of the allowance provided for in paragraphs 2 and 3 shall be based on the actual loan maturity. If the time of its maturity longer than 10 years, starting when setting the amount of the contribution from maturity of 10 years. (5) If a shortening of the maturity of the loan so that the new maturity is less than 10 years, makes mortgage bank in a month when there is a change, the conversion of the contribution. (6) The above percentage points referred to in paragraphs 2 and 3 are first determined by the date of the first drawdown of the loan and is always valid for the duration of the interest rate agreed with the mortgage bank in the loan agreement, to which the required contributions under this Regulation, for a maximum period of 5 years. After the expiry of the interest rate, mortgage banks, at the latest after a period of 5 years, the new rate of percentage points set out in paragraph 2. § 7 (1) While on the contributions must be purchased apartment or house with one flat in exclusive possession of the recipient or transferee or jointly owned by the recipient or the purchaser and the other spouse; During this time they must serve as a permanent residence of the recipient or acquirer. Condition of permanent residence may not be met if purchased apartment or house with one apartment may not be used without making any alterations, but for no longer than 1 year after the ownership rights to the apartment or family home with one flat. (2) If the transfer or assignment of property rights to an apartment or a family house with one apartment, which are granted allowances under this Regulation to other individual contributions to the acquirer to provide if it complies with the date of transfer or assignment of property rights the conditions set out in § 3. a) and b), and simultaneously contractually assumes the obligation to repay the loan; in the event of death of the beneficiary or transferee which the aid was granted, may not be his heirs in the first group; 4) satisfy the condition set out in § 3 para. 1 point. a). (3) If the termination of an apartment or house with one flat, and to buy the allowances allocated allowances to be granted. § 8 (1) When interruption of loan repayment, the payment of contributions suspended. (2) does not exceed if the interruption period of loan repayment 6 months if an additional payment of all installments for the period of the suspension of repayment and organize contractual relationship with the mortgage bank will be suspended for posts transferred to the account of the beneficiary or transferee, for the entire period of the suspension of repayment, but without interest for the period of suspension of contributions, together with the payment of the allowance installment, which was restored repayment. (3) does not exceed if the interruption period of loan repayment 6 months if an arrangement contractual relationship with the mortgage bank and the recipient or purchaser of posts again begins to repay the loan, but there is no additional payment of all installments, or if the period of interruption repayment exceeds six months, the procedure mortgage bank so that the loan balance is calculated at the date of suspension of repayment of the loan and this provides the remaining balance of the period for payment of allowances and up to 120 months from the first installment after the final drawdown. Over the period of suspension of loan repayment will be the recipient or transferee contributions are made. (4) Contributions calculated in accordance with paragraph 3 will continue to be provided for the remaining period of the loan repayment, but until the end of the month stodvacátého the contributions. (5) In the event that the loan repayment interrupted due to inheritance, may extend the total duration of the contributions for the corresponding period of suspension of repayment of the loan; the number of payouts contribution shall not exceed 120. § 9 (1) To ensure that the contributions of this Regulation and to ensure control of documents the conditions for granting these contributions on the date of submission of the application concluded by the Ministry of mortgage bank contract. (2) The statement of contributions submitted to the Ministry of mortgage bank in the past month in the following month; requisites bill and its submission deadline stipulated by the Ministry. (3) The Ministry points out monthly mortgage bank funds based on the submitted bill. (4) The Ministry pays the mortgage bank reasonably incurred costs associated with the provision of posts, but will not cover the increased costs associated with the discontinuation of loan repayment in accordance with § 8. § 10 to check compliance with the conditions for drawing the allowances paid under this Regulation and imposing sanctions for unauthorized use or retention of these posts There are special laws. ^ 5), § 11 (1) In 2002, the average rate of interest according to § 6 para. 2 calculates the volume of loans provided to individuals on the basis of loan contracts supported under a special law on support for mortgage loans for housing construction ^ 2) in 2001. (2) The applications for aid under this Regulation submitted before the date of entry into force of this Regulation shall be disregarded. § 12 This Regulation shall enter into force on 1 September 2002. Prime Minister: Ing. Zeman Minister for Regional Development: Ing. Lachnit, PhD. vr Selected provisions of amendments Article II of Government Regulation no. 32/2004 Coll. Transitional provisions The legal relationships under Government Decree no. 249/2002 Coll. before the effective date of this regulation, as well as the rights and obligations arising from them is governed by existing laws. 1) § 14 of Act no. 530/1990 Coll., On Bonds, as amended by Act no. 84/1995 Coll. and Act no. 368/2000 Coll. 2) Government Decree no. 244/1995 Coll., Laying down the conditions for state financial support for mortgage lending for housing construction, as amended Government Regulation no. 276/1996 Coll., And Government Regulation no. 70/1998 Coll. and Government Regulation no. 226/1999 Coll. 3) Act no. 96/1993 Coll., On building savings and state support for building savings and supplement the Czech National Council Act no. 586/1992 Coll., On income taxes, as amended by Czech National Council Act no. 35/1993 Coll ., as amended by Act no. 83/1995 Coll. 4) § 473 paragraph. 1 of the Civil Code. 5) § 39 and 44 of Law no. 218/2000 Coll., On budgetary rules and amending some related Acts (budgetary rules), 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).