78/2016 Coll.
GOVERNMENT REGULATION


Dated 24 February 2016

Amending Government Regulation no. 284/2011 Coll., On conditions
provision and use of funds of the State Housing Development Fund
form of a loan to support the construction of rental housing in the Czech Republic, as amended
Government Regulation no. 268/2012 Coll., and repealing certain government regulations

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
Czech Republic in matters of transfer of state property to other persons and on the Fund
National property Fund of the Czech Republic, as amended, in
amended by Act no. 61/2005 Coll .:
Article I


Decree no. 284/2011 Coll., On conditions for the provision and use of funds
State Housing Development Fund
form of credit to support the construction of rental housing in the Czech Republic, as amended Government Regulation No.
. 268/2012 Coll., is amended as follows:

First In § 2 at the end of the text of letter a) the words "
designed to ensure the housing needs".

Second In § 2. b) paragraph 3 after the word "annex" the following reference to
footnote # 1.

Third In § 4, letter a) reads:

"A) the land on which construction will be carried out, the wholly owned
applicant; on the land may not be encumbered
in favor of a third person, except a lien in favor of the Fund".

Fourth In § 4, subparagraph b) the following point c) is added:

"C) apartment, which will be carried out construction work according to § 2. B)
Section 5, is wholly owned by the applicant and the apartment is encumbered with a pledge
right in favor of a third party, with the exception of the lien
in favor of the Fund ".

Existing letters c) to m) shall be designated Letters d) through n).

Fifth In § 4. d) the word "approved" is replaced by "approved".

6th In § 5, paragraph 1 reads:

"(1) The beneficiary of the loan may enter into a lease agreement to rental apartment
Only a natural person who proves that

a) the average net monthly income of persons who will use the apartment in the period | || 12 calendar months before the conclusion of the lease contract does not exceed the limit
set out in paragraph 5

b) is a person dependent on the assistance of another person; 4) or disability of the third degree
^ 5)

c) has been prepared for the possibility of living in a natural disaster,

d) is a person of full age under 30 years, or

e) is older than 65 years. ".

7th In § 5, paragraph 2 deleted.

Existing paragraphs 3-9 become paragraphs 2 to 8

8th In § 5 para. 2 the words "point. A)" shall be deleted.

9th In § 5, at the end of paragraph 2 the following sentence "Fund grants an exemption from
restrictions under the first sentence in cases worthy of special consideration, especially if
tenant or a member of his household owns only
apartment or house for his inappropriate long-term housing, on the basis of a written request
recipient, which proves the reasons for special consideration.
exception under the second sentence shall be granted for a maximum period of 1 year and rental
relation to which that exemption was granted, the for the duration
this exemption. ".

10th In § 5 para. 4 point. a) the words "points 1 to 3" are replaced by "until
d)."

11th In § 5 para. 4 point. a) the words "point. a)" after "condition
referred to in paragraph 1" are deleted.

12th In § 5 para. 4, letter b) reads:

"B) any natural person for a definite period, but no longer than 1
year, while this person may not renew a lease or her
conclude this agreement repeatedly, to enter into a lease agreement with any
natural person by the part of the sentence before the semicolon is possible in the case
community in which the rental apartments are located, does not suggest recipients loan
reasonable time after notification of vacant rental housing that
concluded a lease agreement with natural person meets the conditions under § 5, paragraph
. 1, or a natural person referred to in § 5 para. 1
lease at a reasonable time or refuses to conclude the conclusion of the lease
not provide assistance. ".

13th In § 5 para. 5 of the introductory part, the words "paragraph 1" are deleted.

14th In § 5 para. 5 point. a) the number "0.8" is replaced by "0.75".

15th In § 5 para. 6 the words "), points 2 to 4" is replaced by "b) to
e)".

16th In § 5 para. 6, the number "6" for the word "paragraph"
replaced by "5".

17th In § 5 para. 7, the words "paragraph 1" are deleted.

18th Footnote. 6 reads:

"6) § 22 of Act no. 89/2012 Coll., Civil Code.".

19th Footnote. 7, reads:

"7) § 2275 of the Civil Code.".

20th § 6 para. 2 the words "part of sublease ^ 7)," shall be inserted
words "allow the use of the rented flat, except for rental housing".

21st § 6 para. 2, "which is a secured loan provided
Fund under this Regulation" is replaced by "state or a state

Fund gave to this the Fund prior consent. "

22nd § 6 para. 3," the residential apartment block "
replace the words" nájemnímu flat "and the words" rental apartments "are deleted.

23rd § 6 para. 4, after the words" may be "the words" or land "
and the word" construction "is replaced by" building ". || |
24th in § 7, paragraph 1 reads:

"(1) The interest rate may be lower than the basic reference rate
EU-8) and may be lower or equal to the basic reference rate
European Union increased by the appropriate risk premium ^ 9)
by the creditworthiness of the client and collateral for the loan. ".

25th Footnote. 10 reads:

" 10) Commission Regulation (EU) no. 1407/2013 of 18 December 2013 on
application of Articles 107 and 108 of the Treaty on the functioning of the European Union to support
de minimis. ".

26th in § 8, paragraph. 3, the number "70" is replaced by "90".

27th in § 8 par. 4 the word "construction" is replaced by "building" and the last sentence
be deleted. || |
28th in § 9. 3 point. a) the word "construction" is replaced by "building".

29th In § 9 par. 3, letter b) shall be deleted.

Existing letters c) to h) are marked as letters b) to g).

30th In § 9 par. 3 letter b) reads:

"B) proof that the applicant is not registered with the authorities arrears
Financial Administration of the Czech Republic and the Customs Administration of the Czech Republic, has recorded
arrears on premiums and penalties for public health insurance and
not registered arrears on premiums and penalties for
social security contributions and the state employment policy ".

31st In § 9. 3, point c) deleted.

Existing letters d) to g) are renumbered c) to f).

32nd In § 9. 6 point. a) the words "building notification indicating
takeover respective building authority," and the words "a statement by the applicant that the statutory deadline
been building authority issued a decision to ban
implementation of the announced construction" are deleted.

33rd In § 11 paragraph 3 reads:

"(3) The loan is repayable within 30 years from the date of completion of the construction.".

34th In § 11 para. 6 at the end of the text of letter b) the words "or
If it transpires that the applicant has not told or false or incomplete information
according to § 9".
Article II

Transitional provisions


First Legal relationships under Government Decree no. 284/2011 Coll., As amended
effective prior to the effective date of this regulation, as well as the rights and obligations
arising therefrom shall be governed by Government Decree no. 284/2011 Coll. in
wording effective before the effective date of this regulation.

Second In the case of loan applications by Government Decree no. 284/2011 Coll.
filed before the effective date of this regulation apply to contract
loan and a loan conditions set by Government Regulation no.
284/2011 Coll., as amended effective prior to the effective date of this regulation
.

Third Legal relationships under Government Decree no. 481/2000 Coll., As amended
effective prior to the effective date of this regulation, as well as the rights and obligations
arising therefrom shall be governed by Government Decree no. 481/2000 Coll. in
wording effective before the effective date of this regulation.

Fourth The right to request a change in grant agreements under § 3 para. 2
Government Regulation no. 481/2000 Coll., As amended effective prior to the date of entry into force of this regulation
remains preserved village and proceed according
§ 3 para. 2 and 3 of the Government Decree no. 481/2000 Coll., as amended
effective prior to the effective date of this regulation.

Fifth Legal relationships under Government Regulation no. 146/2003 Coll., As amended
effective prior to the effective date of this regulation, as well as the rights and obligations
arising therefrom shall be governed by Government Decree no. 146/2003 Coll. in
wording effective before the effective date of this regulation.

6th The right to seek an agreement on changing the conditions of a grant
under § 4 para. 3 of the Government Decree no. 146/2003 Coll., As amended, effective
before the effective date of this regulation, the village remains preserved and progresses
according to § 4 para. 3 of the Government Decree no. 146/2003 Coll., as amended
effective prior to the effective date of this regulation.

7th Legal relationships under Government Decree no. 333/2009 Coll., As amended
effective prior to the effective date of this regulation, as well as the rights and obligations
arising therefrom shall be governed by Government Decree no. 333/2009 Coll. in
wording effective before the effective date of this regulation.
Article III

Repealing provisions


Repealed:

First Government Regulation no. 481/2000 Coll., On the Use of the State Housing Development Fund
form of a subsidy to cover part of the costs associated with the construction of housing
.

Second Government Regulation no. 294/2001 Coll., Amending Government Regulation no.
481/2000 Coll., On the Use of the State Housing Development Fund
form of a subsidy to cover part of the costs associated with the construction of apartments.


Third Government Regulation no. 141/2002 Coll., Amending Government Regulation no.
481/2000 Coll., On the Use of the State Housing Development Fund
form of a subsidy to cover part of the costs associated with the construction of apartments in || | wording of Government Decree no. 294/2001 Coll.

Fourth Government Regulation no. 145/2003 Coll., Amending Government Regulation no.
481/2000 Coll., On the Use of the State Housing Development Fund
form of a subsidy to cover part of the costs associated with the construction of apartments in || | amended.

Fifth Government Regulation no. 303/2005 Coll., Amending Government Regulation no.
481/2000 Coll., On the Use of the State Housing Development Fund
form of a subsidy to cover part of the costs associated with the construction of apartments in || | amended.

6th Part One Government Regulation no. 209/2013 Coll., Amending certain
government regulation of the use of funds from the State Housing Development Fund
.

7th Government Regulation no. 146/2003 Coll., On the Use of the State Housing Development Fund
to cover part of the costs associated with the construction of flats for
income persons.

8th Part Three Government Regulation no. 98/2007 Coll., Amending certain
Government Regulation on the Use of the State Housing Development Fund.

9th Part Three Government Regulation no. 209/2013 Coll., Amending certain
government regulation of the use of funds from the State Housing Development Fund
.

10th Government Regulation no. 333/2009 Coll., On conditions for the use of financial resources
State Housing Development Fund to cover part of the costs
associated with the construction of social housing in the form of grants to legal entities and individuals
.

11th Government Regulation no. 228/2010 Coll., Amending Government Regulation no.
333/2009 Coll., On conditions for the use of financial resources from the State Housing Development Fund
to cover part of the costs associated with the construction of social housing
in the form of grants to legal and natural persons.
Article IV

Efficiency


This Regulation shall enter into force on the fifteenth day after its publication.
Prime Minister
:

Mgr. Sobotka

Minister for Regional Development:

Ing. Šlechtová vr