For The Provision Of Performance Associated With The Use Of Apartments And Only. Spaces

Original Language Title: o poskytování plnění spojených s užíváním bytů a nebyt. prostorů

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=79617&nr=67~2F2013~20Sb.&ft=txt

67/Sb.



LAW



of 19 December 2003. February 2013,



to regulate certain issues relating to the provision of performance

associated with the use of flats and non-residential premises in the House with apartments



Parliament has passed the following Act of the United States:



§ 1



Introductory provisions



(1) this Act regulates certain issues related to the provision of

the performance associated with the use of flats and non-residential premises in the House with apartments

(hereinafter referred to as the "services") and the procedure for determining advance payments for services, the accounting distribution,

billing and settlement of service charges.



(2) if in the House with apartments commercial space, subject to the provisions of this

the law relating to flats mutatis mutandis to this commercial space.



(3) this Act does not apply to the services that the recipient of services,

provides without the participation of the service provider.



(4) any agreement under this Act must be in writing.



§ 2



Definition of terms



For the purposes of this Act, means the



and service provider)



1. the owner of the property or the owner of the unit in the House split on

the unit in the event that the apartment is taken on the basis of a lease contract, or



2. the community owners (hereinafter referred to as "the community") according to the

the law governing ownership of apartments,



(b) the recipient of the services)



1. the tenant of the apartment, or



2. the owner of the unit under the law governing ownership of apartments,



(c) the posting period) the period for which the service provider performs

the accounting distribution and the subsequent Bill of costs; billing period is not more than

the 12-month and its origin specifies the service provider,



(d)) cost of services cost of services agreed by the supplier or the total

the cost of the provision of services; cost of services under this Act

revision of the device and are not part of the House and the depreciation of the House or any other

similar items



e) breakdown of the quantification of the costs of the services provided in the

the posting period for each of the recipient of services, and the allocation of

the cost of the service,



(f) quantification of the actual amount of your Bill) the cost of services, and advances in

each of the services in a given billing period,



(g) persons determined breakdown) services



1. the tenant of the apartment and the person in respect of which it may be considered that it will live in

apartment for more than 2 months in the course of a billing period, or



2. the owner of the unit if the unit did not leave to the user and people

which can be considered, that it will live in the unit for more than

2 months during the billing period.



§ 3



The definition and scope of services



(1) the Services are supplied, in particular, and the centralized provision of

hot water, water supply and waste water evacuation, operation of the lift,

lighting of common areas in a house cleaning of the common space in the building,

removal of wastewater and cleaning pits, allowing reception of sound and

tv signal, operation and cleaning and removal of municipal

waste.



(2) the scope of the services provided, the service provider and the payee's

services ujednají or deciding the cooperative or community.



§ 4



Advance payments for services and how to change the amount of



(1) the service provider has the right to require the recipients of services payment

of advances to cover the costs of the services provided with the use of the apartment. The amount of the

the service provider's backup with the recipient of the services, or ujednají

the cooperative will decide, or the community.



(2) if there is no agreement, or if there is no decision of the cooperative,

or the Community shall be determined by the service provider to the recipient service monthly

backup for each service as a monthly share of the anticipated

the annual cost of the services of the past year, or according to the last

the billing period, or of the costs derived from anticipated price

for the current year.



(3) if there is no agreement about backups on water supply and drainage

waste water treatment plants, or if no decision has been taken or

community, the monthly advance for each billing period is calculated from the

a maximum of one twelfth of the supplies, according to the actual consumption

water in the previous seasons, or according to the annual benchmarking needs

water ^ 1) multiplied by the prices agreed with the supplier.



(4) the service provider has the right to change the monthly advance in the course of the year in

to the extent corresponding to the change in the price of the service or other legitimate reasons,

in particular, changes in scope or quality of service. The modified monthly backup can

be required at the earliest from the first day of the month following the delivery of

written notification of the new amount of the advance. Change the amount of the monthly advances shall be

in duly justified notification, otherwise to increase backup does not occur.



§ 5



Cost breakdown for services



(1) the way the accounting distribution service provider to negotiate with a two-thirds

the majority of tenants in the House or deciding the cooperative, or

the community. To change the way the accounting distribution is always possible after the

billing period.



(2) if there is no agreement, or a decision of the cooperative, or

the community rozúčtují, the cost of the service, as follows



and water supply and drainage) of waste water in the ratio of the measured values on the

minor vodoměrech; If the installation does not meet water meters

in all the homes of non-residential premises or in the House, the rozúčtují, the cost of

for the supply of water and the removal of waste water, according to the annual benchmarking

needs water ^ 1)



(b)) operation and cleaning of chimneys by the number used by the mouth of the chimneys,



(c)) to allow the reception of sound and tv signal by number of

cable outlets,



(d) the operation of the elevator, lighting) common space in the building, cleaning of the common

space in the House, removal of sewage and cleaning pits, removal of municipal

waste, or other services agreed between the service provider and

the recipient of the service, according to the number of persons determined for the breakdown.



§ 6



the title of the paid



(1) the cost of heat delivery and centralized provision of hot water is

rozúčtují on the basis of the provisions of the service provider with all the tenants in the

the House, in cooperative housing on the basis of cooperative arrangements with all tenants

in the House, who are also members of the cooperative, on the community arrangement

all unit owners. To change the way the cost breakdown for the supply of

the heat and the centralized provision of hot water is always possible to

the expiration of the billing period.



(2) if there is no agreement, the rozúčtují, the costs referred to in paragraph 1

under the law, laying down the rules for distributions

the cost of heat energy for heating, and the costs of providing warm

hot water between the final consumers ^ 2).



§ 7



The statement and the maturity of the overpayments and underpayments



(1) if there is no other legislation provides otherwise, the actual amount of

costs and advances for each service, the service provider shall

recipients of services for billing period and billing will deliver to the recipient

services not later than 4 months after the end of the billing period.



(2) a service provider billing must indicate the actual amount of the costs

Services broken down by services that are provided with all the necessary

the necessities, including an indication of the total amount received monthly backups for

services so that any differences in the expense report was clear and

can be controlled in terms of ways and the rules agreed for the

accounting distributions.



(3) the financial compensation for the provider and consumer of the services shall be carried out in

the agreed period, but not later than within a period of 4 months from the date of delivery of the

Bill recipients of services.



§ 8



The inspection of the documents supporting the billing and settlement of objections



(1) On the written request of a recipient of services the service provider is

shall, not later than 5 months after the end of the billing period to demonstrate

recipients of services the cost of each service, how they are

the accounting distribution, method of determining the amount of the advance payments for services and the implementation of

the Bill under this Act and to allow the recipient of the services make a copy

supporting documents.



(2) any objections to the manner and content of the Bill recipient shall submit to the

the services of the service provider shall, without delay, but no later than 30 days from the

the date of receipt of the statement, where appropriate, evidence of the documents referred to in paragraph 1,

recipients of services. Handling objections must be put forward by the provider

services carried out not later than 30 days from receipt of the objection.



§ 9



Lump sum payment



(1) the amount of rent and the amount for the services can be combined into a separate

the lump sum payment, if it's by ujednají. As a separate flat

You can also negotiate a payment only the payment for the service provided. In both

cases, the payment for the provided services is nevyúčtovávají.



(2) a written agreement of the flat-rate payment may not be closed with all

tenants.



(3) at the request of a recipient of services the service provider has the obligation to expose

for the purposes of social benefits provided in housing detailed

breakdown of lump sum payments make individual items for

billable services.



(4) in the case of leases concluded for more than 24 months or for

an indefinite period cannot be added to the lump sum payments include payment for the supply of heat and

the centralized provision of hot water, and water supply and drainage

waste water treatment plants; payment for these services must always charge.




Special provisions



§ 10



Provisions of this Act governing the procedure for the Community shall apply

mutatis mutandis, where the community did not arise and the House is divided into

unit.



§ 11



In a building with apartments, where the exploitation relations arose on the basis of other legal

the fact than that referred to in this law shall be governed by these relationships

provisions of this Act apply mutatis mutandis.



§ 12



A recipient of services shall notify the service provider in writing without undue

delay changes in the number of persons determined for the breakdown.



section 13 of the



The fine and the late fee



(1) if the provider or recipient of services fails to comply with its obligation to

modified by law within the prescribed period, shall be obliged to pay the other

side of a fine of $ 100 for each day of delay, unless the

fulfilling the obligations within that period, it was not fair to ask for or to

failure to comply with the time limit was due to the fault of the other party. This does not apply for

the cases referred to in paragraph 2.



(2) if the provider or the recipient of services into arrears with

financial performance of under this Act, which goes beyond the 5 days of the date of

his maturity, is obliged to pay the other party a fee of

the delay. The amount of the late payment fee amount, for each day of delay 1 per mille

the outstanding amount, but not less than $ 10 per month, and delay.

This does not apply if the charge has been applied under other legislation.



§ 14



Transitional provisions



(1) where this Act provides otherwise, are subject to its provisions as well as

legal relationships arising before the date of the acquisition of its effectiveness. The emergence of these

legal relations and demands of them incurred before the date of entry into force of

This Act, however, assessed according to the existing legislation.



(2) the accounting distribution and billing service charges per billing period,

that began before the date of entry into force of this law, shall be carried out

According to the existing legislation.



§ 14a



paid



§ 15



The effectiveness of the



This Act shall take effect on 1 January 2000. January 2014.



Němcová in r.



Klaus r.



Nečas in r.



Selected provisions of the novel



Article. (II) Act No. 104/2015 Sb.



the title of the paid



1) Annex No. 12 to Decree No 428/2001 Coll., implementing Act No.

276/2001 Coll. on water supplies and sewerage Act for public use and the

amendments to certain acts (the Act on water supplies and sewerage Act), as amended by

amended.



2) Decree No. 369/2001 Coll., laying down the rules for distributions

the cost of thermal energy for heating, and the costs of providing warm

hot water between the final consumers.