157. Federal law, adopted the Federal Act on the establishment of a housing investment bank (WBIB-G) and the Federal law on tax special measures for the promotion of housing construction and the housing non-profit law changed with the
The National Council has decided:
Table of contents
Article 1 Federal law on the establishment of a housing investment bank (WBIB-G) article 2 amendment of the Federal law on tax special measures for the promotion of housing construction article 3 amendment of the housing non-profit law article 1
Federal law on the establishment of a housing investment bank (WBIB-G)
§ 1 (1) is this federal law in the sense of an affordable housing - and in addition to the housing promotion of countries - the financing and promotion of both a short - and medium-term increased housing activity and thus an increased housing supply in rental and condominium in Austria as the orbit of recoverable costs directly to the end-beneficiaries apartment owners.
(2) for the implementation of this objective which the financing should on nonprofit and commercial housing developers as well as long-term, low-cost housing-related loans are given to local and regional authorities,
1 measures to urban development, urban regeneration or establishing to create energy-efficient living space in the new building or old stock serve settlement-related residential infrastructure or 2 measures.
(3) lending to local and regional authorities in accordance with the provisions of this Federal Act must be carried out exclusively for the financing of settlement-related residential infrastructure.
Establishment and maintenance of business of the WBIB
§ 2 (1) with the tasks referred to in article 1 will be the housing investment bank (housing investment bank company with limited liability or investment Wohnbaubank Aktiengesellschaft), hereafter called WBIB, entrusted.
(2) the WBIB has as long as it performs the duties referred to in § 1 to be guided in the form of a company with limited liability or a joint-stock company headquartered in Vienna and must anyway have a banking licence in accordance with article 1 in conjunction with § 3 paragraph 1 Z 11 Bankwesengesetz (BWG), BGBl. No. 532 / 1993, have. Shareholders may only housing banks pursuant to § 1 para 2 subpara 1 lit. a Federal Act on special tax, measures for the promotion of housing, Federal Law Gazette No. 253/1993, building societies in accordance with section 1, paragraph 1, of the building societies Act, BGBl. No. 532/1993, as well as credit institutions referred to in article 3, paragraph 1 Z 11 BWG be. In the case of leadership as a company with limited liability a supervisory board anyway, is to set up.
(3) the business subject of the WBIB must only
1. the implementation of the capital financing business, 2 the guarantee business, 3. the award of credits and loans (lending business), 4 by the allocation and management of funding authorities or bodies of the European Union, as well as 5 be conducting deposit business, with the exception of accepting funds of the public for the purpose of required before -, intermediate -, or Nachfinanzierungen.
(4) the business of the WBIB, with the exception of financing according to § 3 para 2, may be transmitted due to one or more contracts (service agreements) on one or more credit institutions (service provider). The conduct of business has to be done in this case in the name and for the account of the WBIB. Each service agreement may be concluded only after obtaining multiple offers on the basis of a single service description and has in any case to fix:
1. the obligation of the service provider, carry out the tasks assigned to him according to the provisions of this federal law and the guidelines to be adopted pursuant to article 5, 2. the conditions under which the service provider for carrying out the tasks can themselves agents, 3. the obligation to conduct the business of the WBIB in separate accounting groups, 4 the influence and supervisory rights of the WBIB, which in any case must allow the monitoring and enforcement of compliance with the law and EU legal requirements, as well as the guidelines in accordance with article 5 , 5. the fee for the processing activity, which has to be in line with the market, 6 the substance of the agreements with the financing and candidates of promotion of, billing and the disbursement of funds and the monitoring of compliance with all contractual agreements, 7 the conditions for the recovery of the granted funds, 8 the contract resolution reasons and 9 the Court of jurisdiction.
Procurement of financing and promotion resources
3. (1) has the WBIB non-profit and commercial housing developers and local authorities for the purposes stated in article 1, par. 2 and 3 to make loans. The award of federal based loans may only be made within the guidelines adopted pursuant to article 5.
(2) these loans are through the WBIB
1. loans of national or international funding institutions, 2. loans of European law, international or supranational financial institutions, 3 credits of other bodies of the European Union, to finance 4 deposits of institutional investors or 5 credit repayments.
(3) in addition the WBIB due to special legal regulation or private agreement with a local authority, a not weighing over business activities referred to in paragraph 1 extent as settlement agent for public subsidies in favour of housing-related measures also to others in section 1 paragraph 2 financing referred to and promoting advertisers act as can.
(4) joint financing and promotions according to the paragraphs 1 to 3, as well as with other entities for the same project promotion measures corresponding to objectives of this Act are permitted.
(5) by this federal law, no legal claim of a financing and promotion affiliate on granting a financing or funding is justified.
§ 4 (1) renting WBIB-funded housing has the respective financing and funding applicants to ensure that the rent (the charge) does not exceed that amount, which is decisive for the award of funds from the housing subsidy or housing non-profit law (WGG), Federal Law Gazette No. 139/1979, is equivalent to the remuneration provisions of § 14.
(2) in the case of rental the respective financing and funding applicants granted a claim for subsequent transmission in the condominium has also in favour of tenants and other rights-holders at least according to the rules of sections 15 b ff WGG contractually be provided, if the prerequisites defined § 15 c lit. a-Z are 1 WGG.
(3) the WBIB has to provide that on average at least 50 per cent of financing to be awarded per calendar year from federal-based resources for baulichkeits - or -project co-financing to the housing of the countries provided funds are available. Measures for the establishment of settlement-related residential infrastructure remain in the calculation of that quota not taken into consideration.
(4) Bundesbehaftete may be funding only for projects in countries that document in the form of annual plans, within a five-year planning period, and the legislative assemblies of the States report, as required and in addition affordable housing is created by the additional measures under this Federal Act, taking into account the funds.
(5) the WBIB has also provided that a total per calendar year from federal subject to be awarded funds are averaging at least 5 vH for the construction of homes, particularly for pupils, apprentices and students available.
(6) of paragraph 1 to 4 more design is carried out in the directives referred to in article 5. The WBIB has to reconcile compliance with the paragraphs 1 and 2 within the framework of lending with the financing and funding applicants, as well as to provide for the inclusion of such an agreement by the service provider in the service agreements pursuant to § 2 para 4.
§ 5 (1) as a basis for the financing and promotion of subcontracting in accordance with article 3, paragraph 1 and 3 has to create the WBIB, after consultation of the Advisory Board in accordance with § 6 ABS. 1, implementation guidelines, approved by the Federal Minister for science, research and industry in consultation with the Federal Minister of finance and on the homepage of the Federal Ministry for science, research and economy are to publish.
(2) these guidelines have provisions to contain at least:
1. the content of the financing and funding agreement, the subject of financing and promotion, as well as the scope of the respective directive, 2. the financing and funding applicants and beneficiaries, 3. personal and objective conditions for obtaining financing and subsidies, in particular with regard to article 4, 4. exclusion 5. offence each buildings-related energy efficiency criteria for the purpose of reducing emissions to greenhouse gases , 6 to be financed and the eligible costs as well as measurable indicators for an evaluation, 7 method and scale of financing and promotion and the facilities of WBIB-funded buildings with a uniformly designed federal plaque, 8 the amount of any fee (in particular calculation mode of the interest rate as well as the processing fee for financing), 9.
the procedure, in particular: a) search (nature and scope of required documents), b) deciding a financing and promotion applications, c) payout mode, d) rights, e) adjustment and recovery of financing and promotion, in particular sanctions for non-compliance with the requirements referred to in article 4, paragraph 1 and 2 by the financing contractor or his successors, 10 transparency and monitoring as well as 11 the jurisdiction.
(3) these guidelines have to abstain, where in particular the case to consider is that a country in the framework of the promotion of housing construction, and on the basis of § 4 para 4 has set up programmes specifically focusing on co-financing with U.S.-based funds the WBIB anyway, further provisions with regard to § 4 para 4. In this case has contracted to undertake the WBIB, in the first half year financing arrangements to disperse that federal funds to a to be determined total volume only in agreement and according to the specifications of each country. So in the first half of any undrawn funds are in a row for the nationwide allocation of credits in accordance with § 3 paragraph 1 available. The decisions on the existence of the prerequisites of § 4 para 4, as well as on the classification as a programme that is suitable in the sense of this provision are whether the Advisory Board gem. § 6.
Section 6 (1) in the social contract which is WBIB the establishment of an Advisory Board one representative of the shareholder or shareholders of the WBIB, consisting of two members of the Supervisory Board of the WBIB, as well as one Member to be ordered by the Federal Ministry of science, research and business community, the Federal Minister of finance, the Federal Chancellor and the Federal Minister for labour, Social Affairs and consumer protection. No vote comes to the members of the Supervisory Board of the WBIB. The members of the Advisory Council are appointed for five years. Re-appointment is permissible.
(2) the task of the Advisory Board is advising the WBIB in General, as well as the reimbursement of recommendations to the Federal Minister for science, research and economy, in particular with regard to the issuing of the guidelines pursuant to section 5.
(3) the Advisory Board has to give rules to be approved by the Federal Minister for science, research and economy, constituting what anyway, his insight - and audit rights to set are in regard to projects sponsored and financed by the WBIB, depending on the type of funding or promotion. These rights include but not the approval of individual project financing.
(4) the Advisory Board shall with the involvement of the Executive Board to meet at least twice per calendar year. The WBIB has at least 14 days prior to each session to present a preview of the planned lending the Advisory Board, and to report on all implemented projects in the sessions. At least once during the calendar year the WBIB has to submit a progress report to the Advisory Board, which is to provide research and industry to the Federal Government by the Federal Minister for science.
(5) unless it is necessary to ensure efficient target achievement, particularly in terms of regional and social priorities, conducting business the WBIB, in agreement with the Advisory Board, has Consulting also representatives of the countries to the meetings of the Advisory Committee, in particular, depending on the situation of to assimilates properties and buildings, and the social partners.
§ 7 (1) of the Federal Ministry of finance may be in accordance with in the Federal Finance Act or in a special federal law pursuant to article 42 paragraph 5 B-VG provided empowerment, for borrowing and lending operations of the WBIB pursuant to § 3 para 2 No. 2, called the Federal liability pursuant to § 82 of the Federal Budget Act 2013 (BHG 2013), Federal Law Gazette I no. 139/2009, in the form of loss guarantees in accordance with § 1356 ABGB take over. The Federal Minister of finance may only make use of this authorization, if each pending total (equivalent) this liability does not exceed EUR 500 million in capital, interest and costs.
(2) loans funded with State guarantee may be awarded by the WBIB only within the framework of the guidelines adopted pursuant to article 5.
§ 8. The Federal Minister for science, research and business has this Federal Act no later than December 31, 2021 to evaluate especially in terms of the Additionally reached housing performance.
Tax and fee waivers
9. (1) the required legal transactions of the WBIB pursuant to § 3 para 1 and 3 as well as article 7 are exempt from the legal fees. The inputs directly caused by this federal law are exempt from stamp duty.
(2) for financing awarded by the WBIB and promotions, article 53, par. 3 and 4 housing construction Promotion Act 1984, Federal Law Gazette are residential rehabilitation Act, Federal Law Gazette apply by analogy to no. 483/1984, no. 482/1984, and § 42 para 3.
As far as other federal laws is referenced in this federal law provisions, these are section 10 (1), if not expressly otherwise determined is to apply in their respectively valid version.
(2) as far as this federal law are personal names only in the male form, they relate to women and men in the same way. When applied to certain persons, the respective gender-specific form is to use.
(3) this Act, except section 7, shall enter into force 1 January 2016. § 7 enter into force with the following month on the not-prohibition of Federal liability by the European Commission. The Federal Minister for science, research and economy has to be published not prohibiting the State guarantee and the date of the entry into force in the Federal Law Gazette.
(4) an entrustment of the WBIB according to § 2 para 1, including the possibility of making federal subject credit operations pursuant to section 3 para 2 No. 2 in conjunction with § 7, can be effective only if no later than three months after the entry into force of this federal law a banking licence pursuant to § 2 para 2 has been requested. There are in any case to submit:
1. a social contract or a statute, 2. a business plan that meets the objectives of paragraph 1 in particular and the conditions of § 2 para 3 and 3. financing agreements with or at least written declarations of intent by bodies referred to in article 3, paragraph 2.
(5) the Federal Minister for science, research and industry is authorized by regulation:
1. an extension of the period referred to in paragraph 4 to more not more than six months to arrange for finance further provisions in respect to provide 2. in agreement with the Federal Minister that upright period gem. para. 4 (or, where appropriate, no. 1) two or more on the establishment of a WBIB pursuant to section 2-oriented applications on a banking licence in accordance with article 1 in conjunction with § 3 paragraph 1 Z 11 received banking law at the financial market authority , where in particular the Federal liability amount pursuant to § 7 a total not to exceed and the heights of the capital actually paid by the applicant is taken into account.
(6) with the execution of this Federal Act, par. 1 of the Federal Minister of finance, in terms of section 5 of the Federal Minister for science, research and industry in consultation with the Federal Minister of finance, with regard to section 9, paragraph 2, of the Federal Minister of Justice is shared with the Federal Minister of finance and responsible with regard to the other provisions of the Federal Minister for science, research and industry in terms of sections 7 and 9.
Amendment of the Federal law on tax special measures for the promotion of housing construction
The Federal law on tax special measures for the promotion of housing, Federal Law Gazette No. 253/1993, amended by Federal Law Gazette I no. 162/2001, is amended as follows:
1 in section 1 para 2 subpara 1 lit. a be the quote "section 18 para 1 No. 3 lit. a of the income tax Act 1988 "by the quote" section 18 para 1 Z 3 of the income tax Act 1988, idF BGBl I no. 115/2015, "and the phrase replaced"the financing (Housing Bank) or the construction of residential buildings (developer) is proven"by the phrase"(Housing Bank) financing or building (Builder) of residential buildings, as well as other measures to develop and promote residential is proven".
2. in article 1, par. 2, Z 2 is inserted after the phrase "Buildings intended for residential purposes" the phrase "and to the implementation of measures to the development and promotion of residential areas".
3. the following paragraph 5 is added:
"§ 5 section 1 para 2 subpara 1 lit." I no. 157/2015 a and section 1 paragraph 2 No. 2 in the version of Federal Law Gazette. with 1 January 2016 into force."
Change of housing public interest law
The housing non-profit law, BGBl. No. 139/1979, amended by Federal Law Gazette I no. 100/2014, is amended as follows:
1 § 1 the following paragraph 3 is added:
"(3) the equity generated by non-profit building societies based on the principles of proper economic management is involved in the sense of a generation of compensation to securing a sustainable housing supply in existing and future users indefinitely for purposes of non-profit housing and use."
2. paragraph 3 together with heading:
§ 3. A construction Association must appear after their construction, in particular the suitability and reliability of their owners and officials as well as their economic performance, in particular its capital adequacy (§ 6), as appropriate, to make an appropriate contribution to meet the demand for housing."
2B. In section 6, paragraph 2, the amount "726 €700" is replaced by the amount "Three million €".
2 c. in article 7, paragraph 1 fourth sentence after the word "Building management" the phrase "Including their financing" inserted.
2D. § 7 para 3 No. 6 is the second part of the sentence:
"in particular the acquisition, load and transfer of land and building rights, the acquisition of land and their sale or transfer in the construction rights to other building societies, the granting of home ownership and the inclusion of Zwischenkrediten and construction loans;"
3. § 7 para 3 Z 10 is:
"10. the participation of credit institutions in the legal form of limited liability cooperative, insofar as it is necessary in this case to obtain credit for the building Association, participation in Housing Bank in accordance with § 1 para 2 subpara 1 lit. "a Federal Act on special tax, measures for the promotion of housing, Federal Law Gazette No. 253/1993, as well as the participation in building societies in accordance with § 1 para 1 of the building society Act, Federal Law Gazette No. 532/1993, and the conclusion of building Association savings agreements as customers, whereby all shareholdings pursuant to § 7 para 3 may; be not excessive capital"
3A. § 7 para 3 7 the following paragraph is inserted after paragraph 3a:
"(3a) at the request of the building Association, the State Government in case of doubt has administrative decision to determine whether a planned business or a scheduled stake falls under paragraphs 1 to 3 or not."
3B. In article 7, par. 4 Z 3 is the point at the end of a sentence "and" replaced and added following Z 4:
"ensure 4. in the social contract is that the provision of section 9a paragraph 2a is respected."
3 c. in the § 7 para 4 b Z 4 is the point at the end of a sentence "and" replaced and added following Z 5:
"ensure 5. in the social contract is that the provision of section 9a paragraph 2a is respected."
3D. in article 7 the existing paragraph 4 c is called para 4 d, the following paragraph 4c is inserted:
"(4C) all in accordance with section 6a of the Act provided applications for businesses and investments in accordance with para 4 to 4B are immediately by the construction Association which Revisionsverband and implementing decisions are to deliver the Revisionsverband immediately by the financial authorities."
3E. in article 7, par. 5, second sentence, is replaced the phrase "five years" by "three years" and the following sentence added "may be granted the interruption of the construction activity at the conditions on another three years on application of the construction Association."
4. in article 7, paragraph 6, the phrase "within the following three financial years" replaced the phrase "within the following two financial years".
4A. § 7 section 7 is eliminated.
4B. In article 9, paragraph 1, the phrase "the commercial law" shall be deleted.
4 c. in § 9 para 3 the phrase "the commercial law" shall be deleted.
4 d. in Article 9a, paragraph 2 No. 2 is replaced by the phrase "by a majority of at least three-quarters of the members entitled to vote" "unanimously" the word, the point at the end of paragraph 2 is replaced by a semicolon and the following phrase added: "this also applies to their close relatives in the sense of the paragraph 4."
4E. in section 9a the following paragraph 2a is inserted:
"(2a) transactions by companies in accordance with § 7 para 4 and 4B with members of the Executive Board (CEO) or of the Supervisory Board of a non-profit parent, as well as their close relatives within the meaning of paragraph 4, be, completed only in other legally, when the Supervisory Board of the construction Association has unanimously approved the conclusion of the contract."
4F. In Article 9a, paragraph 3, the first sentence reads: "The Supervisory Board or the Management Board unanimously, may authorise to do sums in terms of limited business within a certain period of time referred to in paragraph 2."
4. in section 9a be added following paragraph 5 and 6:
"(5) requirement for an authorization of transactions referred to in paragraph 2 and 2a on the allocation of flats is adequate proof that the apartment recruiter from the Group of persons referred to in paragraph 2 or 2a used the apartment to regularly cover of his living needs or its close relative.
(6) the legal transactions approved pursuant to paragraph 2 and 2a are to show the auditing Association and to represent in a yearly 'compliance report' that connect the statements in accordance with § 28 paragraph 8 is."
4 h in the quote becomes 9B "pursuant to § 7 para 4 b" replaced by the quote "according to § 7 para 4 and 4B".
4I. Article 10, paragraph 1 reads:
"(1) from the profit for the year after taking into account the profit reserve changes in accordance with paragraph 6 only an amount that must be distributed, which does not exceed Z 3 (distributable profit) divided by the sum of the paid-up co-operative shares (share capital, capital), the permissible in the concerned financial year interest rate in accordance with article 14, paragraph 1." Also the members (members, shareholders) may receive pecuniary benefits only to the extent, as these are to be rendered non-monetary performance as a reasonable return for a special of them."
5. in article 10 the following paragraph 5 is added:
"(5) members (members, shareholders) can attract no more than pro rata, reported in the financial statements of the Association of building equity of the construction Association (base or share capital plus reserves and retained earnings, as well as less net loss) as at fair value in accordance with section 189a Z 3 UGB of Construction Association to prepare their annual financial statements."
5a. in article 10 the following paragraph 6 is attached:
"(6) the positive balance of extra repayments of debt financing for construction and construction costs in accordance with § 13 para 2 and reduced repayment of such debt financing is - as far as covered in the annual surplus - supply a statutory reserve Fund (earmarked reserve for cost recovery) in retained earnings or to resolve this legal reserve in the amount of negative balance." This legal reserve may not be used for a capital allowance. Status and development of this legal reserve are in the sense of § 222 para 2 in the annex represent UGB and explain."
5b. The point according to § 10 para 1 lit. c is replaced by a comma and following lit. d added:
"(d) the disposal of buildings and equipment to persons who are not non-profit building associations."
5 c. in section 10a subsection 2 is lit. a:
"(a) the purchase price or - at transfers as a contribution in kind - the rating which exceeds paid deposits," 5 d. The point according to § 10 para 2 lit. (b) is replaced by a comma and following lit. (c) added:
"(c) the selling price for buildings and installations referred to in paragraph 1 lit. d is not appropriate in accordance with of article 23."
5E. section 10a the following section is inserted after 10 b together with heading:
"Consent to the transfer of the seat
section 10 b. (1) the transfer of seat of a construction Association required by other legal invalidity of the consent of the provincial government, in whose area the construction association according to § 32 is headquartered.
(2) the construction Association has the intended transfer in addition to show the provincial government which is locally responsible for the new headquarters and the Revisionsverband.
(3) a consent referred to in paragraph 1 may be refused for important reasons.
(4) the consent referred to in paragraph 1 must be failing, as long as the construction Association has not corrected deficiencies, in particular a regulatory order for termination of the defects in accordance with § 29 is not fulfilled."
5F. In section 13 shall be inserted after paragraph 4 following paragraph 4a and 4B:
"(4a) the maximum permissible according to par. 4 fee for apartments decreases in the case of a fixed-term lease or other contract by 25 per cent The temporary lease or other agreement transforms into a lease or other agreement for an indefinite period, so the reduction of maximum permissible according to par. 4 pay from the date of the conversion is no longer valid if in the lease or agreement given by comparison of for a perpetual lease or other contractual relationship allowed and the remuneration actually agreed upon in writing from has been assigned.
a charge referred to in paragraph 4 or 4a (4B) arrangements are as far as ineffective, as the agreed remuneration exceeds the maximum permitted under paragraph 4 and 4a. The ineffectiveness is legal within three years (in the municipality of section 39 MRG) to claim. When fixed-term lease or other use conditions (§ 29 par. 1 Z 3 MRG) ending this period at the earliest six months after resolution of the lease or other contractual relationship or its transformation into a perpetual lease or other contractual relationship; the limitation period in this case ten years."
6 paragraph 13 paragraph 6:
"(6) in the case of provision of housing equipment category A or B in accordance with § 15a paragraph 1 Nos. 1 and 2 of the law of tenancy law as amended by Federal Law Gazette No. 800/1993 can by way of derogation from paragraphs 1 and 2 for the remuneration components pursuant to § 14 para 1 No. 1 to 3 in total a respectively higher amount in the remuneration be agreed which may be not more than 1.75 Euro per square meter of usable area and month." The stated amount reduced or increased - for the first time on April 1, 2018 - every second year to the extent that the resulting from the change of the by the Federal Statistics Austria about annual average of the consumer price index 2010 results of the respective previous year compared to the average of the year 2015. In the calculation of the new amount, amounts that do not exceed a half cent, are rounded to the next lower whole cent and to round amounts exceeding a half cent, the next higher whole cent. The new amount is valid from 1st April of the year concerned. The reasonable interest of own resources of the building Association, which were used to finance land costs, may be applied in addition."
7. in article 14, paragraph 1, second sentence is replaced by the parenthesis - in particular the amounts of the respective interest rate and changes on the basis of appropriate contractual arrangements with loan or construction law donors - the parenthesis - in particular the amounts of the respective interest rate.
8 § 14 para 1 sub-para. 8 is:
"8 reserves amounting to a maximum of 2 vH of the amounts from Z 1 to 5, and" 9 § 14 para 2 to 2c are:
"(2) range the unconsumed conservation and improvement contributions to lifting in the fullest extent future conservation and improvement contributions considering the determine the unconsumed conservation and improvement contributions other revenue and more income, as well as taking into account the income from renting or hiring of roof and facade areas for advertising purposes to the proper conservation of the buildings or structures, unless these form an economic unit with regard to the calculation of pay , not out, so can the construction Association in court (in the municipality, section 39 MRG) desire to cover the deficit an increase of the amount referred to in paragraph 1 Z 5. The Court (section 39, the municipality MRG) has to decide on when and to what extent this amount is increased and, taking into consideration the economic situation of the tenants and other rights-holders to pay the amount increased on what time is. in principle, the period is 20 years, except the requested works exhibit a significantly shorter or longer duration in an overall view. This is the case, then is this duration as a distribution period to set. The increased amount is set for all tenants or other rights-holders in the same proportion to the carried out to date. Own or foreign capital has been used to cover the deficit, interest rates are so credit repayments and cash costs. Written agreements with all tenants or other rights-holders on the increase of the amount referred to in paragraph 1 Z 5 are allowed.
(2a) the unconsumed conservation and improvement contributions and future in the fullest extent of to lifting conservation and improvement contributions for rental of the apartment owned the construction Association condominium objects in even considering the determine the unconsumed conservation and improvement contributions other revenue and more income to cover the costs referred to in article 14 d rich par. 1a and not out of costs in accordance with § 14a for action inside the apartment property objects and expenses for the replacement tenant investment pursuant to § 20 paragraph 5 , so can the construction Association of Court (near the municipality, section 39 MRG) to cover the deficit an increase of the amount referred to in paragraph 1 Z 5 covet. Paragraph 2 shall apply mutatis mutandis.
(2b) to written agreements through an appropriate increase of the amount referred to in paragraph 1 Z 5 to the publicly-funded pro-rata cost
1 thermisch-/ energetic remedial measures and 2 disabled, children, or elderly in mind measures of common parts of buildings all tenants or other rights-holders are bound, when - after submission of an opinion of an expert, about the funding institution about the appropriateness of the costs of the measures - at least three quarters of the tenant or other rights-holders, calculated according to the number of lease leased at the time of the agreement or other use items , agree. The cost of the work to implement height and extent of promoting existing conservation and improvement contributions and who are these devoted amounts, duration of increase (beginning and end), and the exact extent of the increase. Such an agreement is a judicial decision in accordance with paragraph 2 for purposes the housing aid is granted according to the housing promotion regulations of countries.
(2c) a boost in accordance with paragraph may 2 b, taking into account the unconsumed conservation and improvement contributions and this dedicated amounts, the amount necessary to cover the costs do not exceed the. "At the request of a lessee, the Court (section 39, the municipality MRG) to decide whether the increase meets the requirements referred to in paragraph 2b."
10. in article 14, paragraph 3, the phrase is omitted: "The Decade not exceed may".
11. in section 14, paragraph 3a is replaced by the quote "section 14 d para 2" the quote "section 14 d para 2 subpara 1".
12 paragraph 14 paragraph 5:
"(5) on a buildings remedial measures carried out, has been granted for the support from public funds, and increased conservation and improvement contribution is necessary also for the financing of the rehabilitation measures (covering of the deficit) so remedial measures considered in the procedure for increasing this amount maintenance. The increase of conservation and improvement contribution exceed but not the extent, which would result in mere implementation of maintenance (Article 14a) without public funding funding."
13 paragraph 14 paragraph 7a:
"(7a) after full repayment of debt including loans from public funds the sum of remuneration elements arising from paragraph 7 in conjunction with § 1 Z 1-3 per square meter of usable area and month may be not more than 1,75 Euro." The stated amount reduced or increased - for the first time on April 1, 2018 - every second year to the extent that the resulting from the change of the by the Federal Statistics Austria about annual average of the consumer price index 2010 results of the respective previous year compared to the average of the year 2015. In the calculation of the new amount, amounts that do not exceed a half cent, are rounded to the next lower whole cent and to round amounts exceeding a half cent, the next higher whole cent. The new amount is valid from 1st April of the year concerned. The reasonable interest of own resources of the building Association, which were used to finance land costs, may be applied in addition."
13A. section 14 para 8 is:
"(8) in accordance with § 13 para 5 for the use of other facilities and remuneration paid to other parts of the property is, to cover their administrative costs to the stipulated extent pursuant to regulation according to § 13 paragraph 3, respectively for those buildings, this lease or other use items be added to the:"
"1. to the extent of 25 per cent of pay to cover the operating costs, 2. the rest to cover the entire production costs pursuant to § 13 para 2 to use and after 3 recycle the unconsumed conservation and improvement contributions."
14 paragraph 14a along with heading:
'Article 14a. (1) in the case of the transfer of use of an apartment or a business space from the title of a lease or other contract, the construction Association has pursuant to the legal, economic and technical realities and opportunities to ensure that the buildings, leased or licensed to use houses or business premises and the serving of the common use of the residents of the buildings facilities in each local standard and significant threats to the health of the inhabitants be removed. Any further claims under § 1096 ABGB - unless resulting not from the tenant in § 8 ABS. 1 MRG applied duties results otherwise - remain unaffected and can in advance not waived are.
(2) the conservation within the meaning of paragraph 1 includes:
1. the works, which are necessary to maintain the common parts of the buildings, 2.
the works, which are needed to pass a for rent lease or other use subject in usable condition; These include the first-time production of toilets in the Interior, a contemporary bathing or similar heat supply. Also include also measures which cause a transformation in normal and the respective State of the art of appropriate facilities serving the needs of financial management a sanitary system is functioning, but at least 25 years old heat supply system or 2a.
the work in the rental or other subject matter of use of that are required to get the works, which are necessary to the rental during the term of the leases or other use objects, their facilities, the facilities for them and rented furnishings in the agreed condition 2B. in apartments to resolve serious damage of buildings or to the Elimination of significant health risks posed by the lease or other use subject , so to repair or - in the case of the inefficiency of a repair - renew. Those measures, MRG referred to article 8, paragraph 1 are whether the tenants are excluded. Moreover, replacement of lighting equipment, carrying out of Bagatellreparaturen and the conservation of paintings and wallpaper responsibility not the construction Association. The removal of normal wear of the other interior surfaces of the rental or other use item (such as in particular flooring and tiling) is the construction Association only if, its usefulness is significantly impaired, 3 work, also on in the rental objects parts of plants - to maintain the operation of existing systems serving the common use of the residents, such as in particular of central heat supply systems , Elevators or central laundries are required, except that all tenants or other rights-holders of the buildings for the entire duration of your lease or other contract without the use of the facility; Maintaining existing systems, taking into consideration the costs of the establishment and operation of a comparable new system is not economically justifiable, a comparable new system is instead the preservation of the existing facility to establish 4 new launches or redesigns, to make virtue of public service obligations are, like about the connection to a water pipe or a channeling, the installation of suitable safeguards for the supply of energy or of equipment for determining of individual energy consumption , 5. installing technically appropriate community facilities to reduce energy consumption or the otherwise serving the energy reduction embodiments of buildings from different parts of the buildings or of individual rental items, if and to the extent that the costs for this purpose necessary in a commercially reasonable relative to the overall condition of the buildings and the savings to be expected are 6 if there is a permissible under § 16 par. 7 agreement the installation and rental of technically suitable measuring devices for determining consumption in the sense of this provision , 7. in granting a public aid - and taking on the operating and maintenance costs - the implementation accessible, children or elderly in mind measures of common parts of buildings.
(3) the costs of maintenance are by who pursuant to § 14 para 1 5 withheld amounts and determine them other revenue and more income to cover Z. Not sufficient this amounts to cover the cost, § 14 para 2 to 5 shall be work, that are going to be under a public service contract or that serve vulnerable construction defect fixing the safety of persons or property, and the work necessary to maintain the operation of existing water pipe -, Lichtleitungs -, gas line, heating (including the central heat supply systems), sewage and sanitation anticipates carried."
15 paragraph 14b together with the heading:
"Useful improvement through structural measures
§ 14 b (1) the construction Association has making useful improvements of buildings or single rental and other items of use in accordance with the legal, economic and technical realities and possibilities, as far as this is appropriate with regard to the General State of preservation of the buildings. Here, the priority is useful improvements to the buildings opposite useful improvements of individual rental or other objects of use of.
(2) useful improvements of buildings must be carried out by the construction Association
1. If maintenance work is not required or is ensure that also the necessary conservation work on a train run or 2. If and insofar as the construction Association and the majority of the tenants or other rights-holders - calculated according to the number of apartments leased at the time of the agreement and business premises - the buildings on their implementation and the portion of the costs not covered by the unconsumed conservation and improvement contributions agree in writing and also ensure , that the remaining tenant or other rights-holders of the buildings through the improvement work are not burdened financially and also otherwise not unduly affected.
(3) useful improvements in the Interior of an apartment or a room of business require the consent of the lessee or other beneficial owner of the apartment (the business space) affected by the improvement."
16 § 14c para 1 and 1a are:
"(1) omits the construction Association carried out maintenance or improvement work, the Court (the municipality) at the request of carrying out of the work within reasonable to apply a year not exceeding time limit you. Are including works that are first of all making third sentence according to § 14a para 3, so is carrying out this work first of all to apply. Are entitled to the submission of the
1 the municipality in which the buildings is located in own area of effect and calculated the majority of tenants or other rights-holders - any tenant or other authorised the buildings in terms of conservation works (§ 14a para 2 subpara 1, 2a up to 4 and 6), 2. According to the number in the date of the submission of the apartments or business premises - the buildings in terms of the maintenance work referred to in section 14a para 2 Nos. 5 and 7 and the useful improvements in accordance with § 14 rented b.
"(1a) the Association of building preservation work can to eliminate a significant health hazard in the sense of § 14a para 1 and para. 2 Z 2a only applied, if the health hazard by other, the inhabitants of the House-reasonable measures can be averted or it was measures within § 14a para 2 No. 2 b."
16A. in section 14 d para 1a is replaced by the quote "EAVG 2012" the quote 'EAVG'.
17. in article 14 d, para 2 to 9, by following paragraph 2 to 5 shall be replaced:
"(2) the conservation and improvement contribution may not exceed the starting amount of EUR 0.50 per square meter of usable area and month, provided that the new date of five years or less is back. From the sixth year and for each subsequent year of the existence of back of the brand new date this amount to 12 vH per year increases, each calculated from the starting amount. Of conservation and improvement contribution may not exceed two euros per square meter of usable area and month. The listed amounts decrease or increase - for the first time on April 1, 2018 - every second year to the extent that the resulting from the change of the by the Federal Statistics Austria about annual average of the consumer price index 2010 results of the respective previous year compared to the average of the year 2015. When calculating the new contributions, amounts that do not exceed a half cent, are rounded to the next lower whole cent and amounts that exceed a half cent, the next higher whole cent to round up. The new amounts will apply from 1st April of the year concerned.
(3) the Federal Minister for science, research and economy may adopt by regulation paragraph 2 as well as other residential economic values through a revision Association guidelines for the publication of value safe amounts together with the adjustment amounts in accordance with. Before issuing the regulation, each revision Association in the sense of § 5 para 1 is to listen to.
(4) the construction Association used the conservation paid by the tenants or other beneficial and improvement contributions within a period of twenty years to finance a conservation or improvement work, the construction Association has to refund the conservation paid by the tenants or other beneficial and improvement contributions without delay plus the statutory interest rate (§ 1000 ABGB). To the recovery of the unconsumed conservation and improvement fee (including interest) is the tenant or other beneficiaries entitled, which is tenant or beneficial owner of the apartment or the other leased premises at the time of maturity of this claim.
(5) with the Declaration in accordance with § 15 ABS. 3 the tenant or other authorised for first-time home ownership reasons entitled to transfer all who at the time of the settlement according to § 19 b of unconsumed conservation and contributions of improvement in in the amount of 60 per cent in the reserve in accordance with article 31 way 2002. In subsequent acquisition of apartment ownership 60 vH are attributable on the respective rental or other use item, to consider c of unconsumed conservation and improvement contributions reduces the payment at the time of the settlement according to § 19."
18. after section 15f, the following section is inserted 15 g together with the heading:
"Speculation period subsequently acquired property
§ 15 g. (1) which is building Association in case a subsequent transfer of homes and business premises in accordance with § 15 b in ownership (co-ownership, condominium) a right of first refusal to, which to assimilate in the land and its legal consequences are to explain in the contract of sale. The right of first refusal to the purchase price referred to in paragraph 2 must not be deleted without the consent of the construction Association within ten years after conclusion of the purchase contract No. 2. It goes out either after performance of the difference referred to in paragraph 2, or at the latest after ten years.
(2) the owner has in the case of (further) transmission within 10 years after conclusion of the purchase contract the difference arising from the comparison
1. to be known the buyers market value at the time of the written offer of the construction Association in accordance with article 15, paragraph 1 or § 15 c lit. b (the market value determined by the Court pursuant to article 15 d, paragraph 2) with 2 which agreed (section 15 d par. 1) or fixed (§ 15 d 2 and § 15 para 2) purchase price is payable to the construction Association.
Subsequent transfer in ownership (co-ownership, condominium) in accordance with § the market value to be known to the buyer at the time of conclusion of the purchase contract is 15 b, on which the regulations of § 15 c to section 15f are not applicable, under no. 1 to understand, as well as under Z, 2 the purchase price agreed.
(3) all legal transactions among the living, except the transfer of property or the minimum share or the share of the minimum proportion considered (further) transmission referred to in paragraphs 1 and 2 (§ 5 way 2002) to the spouse, the registered partner, relatives in direct line, including the choice children or siblings, as well as the spouse. Life companion within the meaning of this provision is, who lives with the selling homeowners for at least three years in the apartment in a financial community in economic terms equal to a marriage or registered partnership.
"(4) objections against the height of the difference amount gem. § 15 g 2 of underlying market value according are § 15 g para. 2 No. 1 within six months of its legal notices of payment due (municipality, section 39 MRG) asserted."
18A. section 17 para 1 is as follows:
"(1) resolution of a lease or other contract a claim for reimbursement of the amounts paid by him to the funding of the construction project in addition to the fee creates the outgoing tenant or other rights-holders, reduced by the orderly deposition for depreciation to the extent laid down in accordance with paragraph 4."
18. Article 17, paragraph 3 reads:
"(3) the amount referred to in paragraph 1 is to pay off within eight weeks after vacating the rental or other use subject to the outgoing tenants or other copyright holder as far as it is used to repay legitimate demands of the landlord of the rental agreement."
19. the existing text of § 17 b receives the sales designation (1) and the following paragraph 2 is added:
"(2) the State of affairs necessitates in particular the maturity of financing shares, a conversion or follow-on financing according to the principles of § 23 para 1, so the fee will change accordingly; "the for relevant principles - in particular the amounts of the respective interest rate - are writing announce the tenant or other rights-holders at the next following payment notices of payment due (§ 14 para 1 second sentence)."
20. According to article 17, b is inserted the following section 17 c together with the heading:
"Refinancing of own resources
§ 17c. By way of derogation by § 13 para 2 own appropriations can be replaced by the construction Association to finance the entire cost totally or partially by debt, unless this amounts to laying in accordance with article 14, paragraph 1, the calculation of the fee will not increase. (B) and Article 17a, paragraph 4 are § 13 para 2 apply accordingly."
20A. § 18 para 3 is as follows:
"(3) the construction Association is obliged, each Contracting Party within 5 years after the initial reference of buildings (housing, business premises) the final statement about the total production cost (§ 13 para 2) to lay." The deadline extended one calendar year if the construction project is promoted and the promotion of legal Bill not later than 6 months prior to expiration by the funding institution approved and announced. The construction Association has its contractors three years after laying the final bill in a suitable manner insight in the accompanying documents - for documents on disks to access to printouts of documents - grant. At the request of the parties, copies (copies, additional copies) of the examined documents are on their cost to make.
"Objections to the height the charge (price) underlying total cost (§ 13 para 2) are within three calendar years after laying the legal settlement (near the municipality, section 39 MRG) asserted."
(b) 20. In article 19, paragraph 1, second sentence is inserted:
"Any tenant or other authorised may require that the sending of statements to him not in the mail, but transfer is happening."
20 c. section 19d para 1 No. 2 is:
"(2. a) the total attributable to the rented residential property objects, reasonable contributions to the reserve in accordance with section 14 d, paragraph 1 a, b) the costs in accordance with § 14a for actions inside the condominium objects c) expenditures for the replacement tenant investment pursuant to § 20 paragraph 5 as well as" 20 d. In § 20 para 1 subpara 1 lit. a is the quote "§§ 15 a-18B" replaced by the quote "the sections 15 a to 16 a, 17 to 18 b"
20E. in § 20 para 1 subpara 1 lit. b is before the phrase "section 18c para 2," the twist "§ 16b," added.
20F. section 20 para 4 is as follows:
"(4) a construction Association in the legal form of a cooperative may in the case of section 12 or section 14 of the law of tenancy law require that the person (s) eintretende(n) in the contract is joining the cooperative as a member / join."
Z 12 is 20 g. Article 22, paragraph 1:
"12 the amount to be paid back according to § 17" 21. In article 22, paragraph 1, after Z 12, 12a is inserted the Z:
"12a. determination of the ACC. to § 15 G4 of permissibly coveted or paid amount;"
21A. in article 22, paragraph 1 13a is inserted following Z:
"13a. laying the final statement about the cost (§ 18 para 3)."
21B. In article 22, paragraph 1, following Z 14 is attached:
"14 of the retroactive claimed deposit amount (article 16 b landlord and Tenant Act)" 21 c. In section 23, paragraph 2, the word "Commercial" is replaced by the word "corporate law".
21. Article 23, paragraph 4 reads:
"(4) the Federal Minister for science, research and economy has to set the detailed outline of balance sheet and profit and loss account under application of sections 224 and 231 (UGB) in accordance with the paragraph 2 and accordingly mandatory forms in agreement with the Federal Minister of Justice, taking into account the legal reserve in accordance with § 10 paragraph 6 by regulation."
21E. § 23 paragraph 4c is as follows:
"(4C) the fixed price to be determined according to section 15 d is based on the intrinsic value, taking on the fair market value at the time of the offer of the fixed price agreement, or based on section 15a (§ 23 paragraph 4 b), taking on an each proper and appropriate deposition for depreciation and a safeguarding of value to calculate."
In the determination of the cash purchase price in particular the partial takeover of all obligations of the construction Association are in the agreement (§ 15 par. 1 lit. c) and the single time amounts (article 17), to take into account.
The fixed price must be at least the book value and in it, the sum of the following costs have anyway to find cover: a) the proportionate obligations of the building Association, b) employed by her own resources, c)
the amounts to be paid by the Association of construction at a necessary adjustment of input tax deduction, d) the pro rata cost of the condominium grounds, recovery and information from tenants and other rights-holders, as in particular on promotion of legal effects.
(e) in the case of already existing condominium the pro rata amount of the reserve in accordance with article 31 way 2002 "22. Paragraph 4 d 4e the following paragraph is inserted after article 23:
"(4e) the construction Association is obliged, in the case of extensive renovations to check in-house economic usefulness of subsequent Condensations gem. § 13 par. 7, including their technical feasibility,."
23. the existing text of § 24 receives the sales designation (1) and the following paragraph 2 is added:
"(2) the Federal Minister for science, research and industry may by regulation to adopt guidelines which have to contain provisions regarding the personal suitability and reliability of the persons referred to in paragraph 1, taking into account in particular the industry conditions of but also the requirements laid down in other regulatory areas and industries. It also detailed rules on sectors or internally to implement measures for the enforcement of these requirements can be made. In the guidelines are also requirements on industry or internally to implement measures in favour of responsible corporate management and control, as well as requirements on regulations to the special ethical standards to meet. Before issuing the regulation also each revision Association in the sense of § 5 para 1 is to listen to. "
23A. § 28 ABS. 3, the word "HGB" is replaced by the word "UGB"
23B. In § 33 para 2 is in the second set after the quote and comma: "10a paragraph 1," the quote and comma: to insert "10B".
23c. § 36 para 1 of the second movement, is not available in Paragraph 3 becomes paragraph 2; the new paragraph 3 States that:
"(3) the provisional payment referred to in paragraph 1 and the final payment referred to in paragraph 2 are be measured on the basis of the last annual financial statements, for a full audit report and an unrestricted certificate of conduct were granted. "There are, to use the assets reported in these financial statements and passive values in determining the provisional payment and when determining the final payment the recoverable in the ordinary course of business (traffic) values for the assets designated in these annual accounts and debt."
24 § 39 para 18 No. 2 is:
"2. in the provision of housing facilities category A or B in accordance with § 15a paragraph 1 Nos. 1 and 2 of the law of tenancy law as amended by Federal Law Gazette No. 800/1993 can by way of derogation from paragraphs 1 and 2 for the remuneration components pursuant to § 14 paragraph 1 Z 1 to 3 in total a respectively higher amount in the remuneration be agreed which may be not more than 1.75 Euro per square meter of usable area and month." The stated amount reduced or increased - for the first time on April 1, 2018 - every second year to the extent that the resulting from the change of the by the Federal Statistics Austria about annual average of the consumer price index 2010 results of the respective previous year compared to the average of the year 2015. In the calculation of the new amount, amounts that do not exceed a half cent, are rounded to the next lower whole cent and to round amounts exceeding a half cent, the next higher whole cent. The new amount is valid from 1st April of the year concerned. The reasonable interest of own resources of the building Association, which were used to finance land costs, may be applied in addition."
24A. in article 39, paragraph 20 the point is at the end of the sentence; the following phrase is added to "; § 6 para 2 as amended at this time applies to building societies in the form of a capital company, which were recognised at 31 December 2015 as a non-profit organization, still."
25. in section 39 shall be added following paragraph 32 to 34:
"(32) with 31 December 2015 regulations about the safeguarding of value of the amounts in the articles 13 para 6, para 7a, 14 d (2) and 39 are 14 paragraph 18 no longer apply from 1 January 2016."
(33) the amounts provided for in section 14 d, paragraph 2, apply with 30 June 2016 may be charged on each buildings until 31 December 2018, if a negative balance is delegated from the payroll in accordance with section 19 conservation and improvement in contributions for the year 2015. For all conservation unused with 30 June 2016 and improvement contributions is section 14 d (4) as amended by Federal Law Gazette I no 157/2015 shall apply.
(34) section 14 d, para. 5 and § I no. 157/2015 are 15 g as amended by Federal Law Gazette apply, if after 31 December 2015 a request for subsequent transmission in the residential property in accordance with section 15e made or offered the construction Association in accordance with § 15 c lit. b has been laid."
25A. 35 the following paragraph is added in article 39:
"Para 1 and 6 are (35) § 10 to apply for the first time to the preparation of financial statements for fiscal years beginning after December 31, 2015. This is to determine the balance according to § 10 para 6 to the end of the financial year and to form a "special-purpose reserve for cost recovery", where an existing in the previous year statements "revaluation reserve as a result of Entschuldungen" to set immediately is in the special-purpose reserve for cost recovery in case of a positive balance (906, para 31 UGB). An in the case of one after taking into account the "revaluation reserve as a result of Entschuldungen" in the fiscal year further negative balance is to charge with the free reserves. Existing in the previous financial statements "to downsize because of Entschuldungen" are to be settled at the beginning of the following year with the voluntary reserves."
26. in article IV, q and paragraph 1r are inserted after para 1 p following paragraph 1:
"(1q) § 1 para. 3, § 3, section 6 para 2, § 7 para 1, para 3 No. 6 and Z 10, par. 3a, 4 to 4 d, paragraph 5 and 6, article 9, par. 1 and 3, § 9a para 2-3 and paragraph 5 and 6, § 9B, article 10, paragraph 1, 5 and 6, Article 10a, paragraph 1 and 2, § 10b, § 13 para 4a and 4B, article 14, paragraph 1" , 2-3a, 5, and 8, § 14a, § 14b, § 14c paragraphs 1 and 1a, section 14 d par. 1a, 3 to 5, § 15 g, § 17 para 1 and 3, § 17b, 17c, § 18 para 3, § 19 para 1, § 19d para 1 No. 2, § 20 para 1 Nos. 1 and 4, article 22, paragraph 1 Z 12, 12a, 13a and 14, § 23 para 2, 4, 4c and 4e , § 24, § 28 para 3, § 33 para 2, § 36 para 1 to 3, § 39, paragraph 20 and paras 32-35 as amended by Federal Law Gazette I no. 157/2015 with 1 January 2016 into force § 14 c para 1a but with the proviso that the new regulations in regard to measures within § 14a para 2 No. 2 b only on leases is , which have been closed after December 31, 2015, are paragraph 4a and 4B but with the proviso that the new rules only on lease contracts concluded after 31 December 2015 to apply are article 13; § 13 para 6, § 14 paragraph 7a, section 14 d, paragraph 2, and article 39 paragraph 18 as amended by Federal Law Gazette I no. 157/2015 with 1 July 2016 - regardless of previous contractual agreements - into force.
(1r) on procedures in accordance with article 22, paragraph 1 Z 1,3,4,6,6c,7,8,10 and 11a, which are pending on December 31, 2015, is the far regulations continue to apply. Procedure referred to in article 22, paragraph 1 Z 11, which are pending on June 30, 2016, are in accordance with the § 39 para 32-34 until regulations continue to apply."