453/Sb.
GOVERNMENT REGULATION
of 11 December 1997. December 2013
on the determination of the details and the procedure for finding the comparable rent
the normal at a given location
The Government ordered pursuant to section 2249 para. 2 of the Act No. 513/91 Coll., the civil
code:
§ 1
Introductory provisions
This regulation lays down the methods and procedure for the determination of equivalent
the rent of the usual at a given location for legal relations based rental
the Treaty, in which the lessor agrees to let tenanted apartment, House
or other than residential ("flat") to ensure its residential
needs.
§ 2
Definition of terms
For the purposes of this regulation, means a
a) comparable rent will currently rents paid for comparable
apartment in a house in a comparable and similar other conditions
decisive for the amount of the agreed rent,
b) comparable rent will as usual in a given location, the aggregate quantity
comparable rental,
(c) the characteristics of the legal and factual) items affecting the amount of the
the rent referred to in annexes 1 and 2 to this regulation.
§ 3
The findings of the comparable rent normal at a given location
(1) to establish the comparable rent normal at a given location for
particular apartment the following ways
and expert opinion about) the acquisition of the usual rents, that is for the
particular apartment is considered comparable rent common at the site,
(b)) the determination on the basis of demonstrable proof of at least 3
comparable rental.
(2) if it is to ensure the housing needs of the lessee leased other than residential
space for rent for a comparable findings normal at a given location
paragraph 1 shall apply mutatis mutandis.
§ 4
Assessing the comparability of
(1) when assessing the comparability of the match must exist at least in
some of the variants of the characteristics, and the corresponding amount of
characteristics that significantly affect the amount of the rent.
(2) the comparability of rental subject to match in variants
characteristics, and it
and comparability of rental relations) the scope of rights and obligations and
(b) comparability of residential apartment values).
(3) when determining comparability, any rental income from residential properties which
and are rented out as flats) business,
(b)) are not hired out as living spaces, even in part,
(c)) are provided for temporary use or short term purpose,
d) are given to the members of the cooperatives, condominiums diabetes
(e)) are special purpose housing
(f)) have rent limited in connection with the support from the public
resources.
(4) in determining comparability, any rent
and from living quarters) used on the basis of the contract of accommodation,
(b)), in which the amount of rent is affected by the particular
the lessee by the lessor.
(5) in determining the comparability of ignoring the characteristics,
that are related to the subjective evaluation of the tenant, the landlord,
especially in relation to his social status.
(6) for comparable rent rent cannot be regarded as agreed as
lump-sum payment under the Act, to regulate certain issues
relating to the provision of performance associated with the use of apartments and
non-residential spaces in a building with apartments.
§ 5
Comparability of residential tenancies and the value of the apartment
(1) when assessing the comparability of rental relations it is necessary to
compare rents from the letting of the same range of rights and obligations referred to
in annex 1 to this regulation.
(2) proof of the comparability of the residential apartment values must be matched
represented by at least one variant of each group characteristics
listed in annex 2 to this regulation.
§ 6
Comparable rent customary in the place
(1) the procedure under § 3 para. 1 (b). and the rent is above normal)
for a specific apartment listed in the expert opinion comparable rent will
the normal at that point.
(2) the procedure under § 3 para. 1 (b). (b)) is comparable to rent
the normal at that point expressed as interval,
and as a mean value) plus or minus the standard deviation of the individual
comparable rental when their number more than 30,
(b)) as the interval of each comparable rental distribution without
extreme values, it is the exclusion of one sixth of the values on the bottom and
one-sixth of the values at the top of the Division when their number 12 to
30, or
(c)) as the interval as defined by the lowest and highest values of
the comparable rent when their numbers less than 12.
(3) If, in a given place value of all comparable rental
the same, is this particular value the value of the comparable rent
the normal at that point.
§ 7
For the purposes of determining entitlement and the amount of benefits under the Act No 111/2006 Coll., on
assistance in material need, as amended, the provisions of § 4,
5 and 6 do not apply.
§ 8
The effectiveness of the
This Regulation shall enter into force on 1 January 2000. January 2014.
Prime Minister:
Samantha r in r.
Minister for local development:
Lukl in r.
Annex 1
Characteristics of lease relations
Characteristics of lease relations that will be used to determine the
the comparable rent, are in particular:
1. the length of the lease
The variant characteristics
short-term rent) up to 1 year,
(b)) the rent for a limited period longer than 1 year,
(c)) the rent for an indefinite period.
2. the possibility of subletting
The variant characteristics
and agreed that the possibility of subletting part) of the apartment,
(b) agreed that the possibility of subletting the whole) of the apartment,
(c) prohibition of the sublease agreement).
3. payment security
The variant characteristics
and security against unwanted)
(b) to a maximum of) the guarantee provided for by the civil code,
(c)), the security of lower than provided for by the civil code.
4. The arrangements for the specific rights and obligations of the tenant
The variant characteristics
and negotiated the rent associated with) using in the home of the landlord,
(b)) the rent associated with cleaning the House,
(c)) the rent associated with the care of a garden,
(d) the nature of the sanctions agreed obligations),
(e) the lessee) the right to the adjacent garden next to the House.
5. the Existence of inflationary clauses
The variant characteristics
and the existence of arrangements for the annual) adaptation of the rent price rises,
(b) the existence of arrangements for the annual) adaptation of rent changes
the exchange rate.
6. The Interval, paying the rent
The variant characteristics
and the rent paid in advance on) every month,
(b) rent paid in advance on) a longer period than one month payment.
7. The notice period
The variant characteristics
and 3 month notice) the period provided for by the civil code,
(b)) agreed by the notice period longer than 3 months.
Annex 2
The group characteristics of the residential value of the apartment
For the assessment of comparability of residential apartment values defined 5
the main groups of characteristics:
1. type of construction and the type of apartment
The method of building a House and apartment design, in particular the resolution of whether the apartment
located in a family house, in a standardized, town house, or
a semi-detached house or in a tenement apartment building. Other variations of the characteristics
they are for example. location of the apartment inside the House, the range of exposure to sunshine or shade.
Variant characteristics are particularly
Family House, residential house, apartment in the House, where the predominant function of housing,
mnohopodlažní House, low-floor House, prefabricated house, other than the Panel
the House, a standard type apartment, apartment, which is not under the closure, basement,
ground floor apartment, duplex apartment.
2. The size of the living space
As a rule, is the rent per square metre of smaller flats higher than rents for
flats with a larger floor area. Comparable rent must therefore be
substantiated from the flats of similar size. For the recognition of comparability is
necessary so that the total area of the flats was also intended by the same
definitions. Although areas of terraces, balconies, loggias or cellars,
that are not rooms, cannot be counted towards the floor area of the flat is
can be offset if they are counted, even in comparable homes.
The very existence of terraces, balconies, loggias and cellars, however, can also
appear in another group, the characteristics of residential values-specifically in the
equipment of the living space.
Variant characteristics are particularly
the size category of dwelling (large, medium, small apartment), the total
area of the apartment.
3. Equipment of the living space
Equipment comprehends everything the landlord provides a tenant to the Standing
use, provided that the remuneration for the use of this equipment is
part of the rent paid. For the assessment of comparability cannot be
considered such equipment, and associated costs to bear,
the tenant.
Variant characteristics are particularly
solid fuel local heating, heating option only for some
the rooms, the impossibility of access to warm water, absence of basic
equipment and facilities (toilet or bathrooms or showers) under the
the conclusion in the apartment, the existence of more bathrooms, the existence of multiple TOILET, the existence of
more built-in wardrobes, kitchen equipped with a kitchen area, particularly
high-quality floor coverings, the existence of the pantry, cloakroom, laundry room,
and also a balcony, terrace or Loggia, the existence of the elevator, cellar or
soil space accessible to the lessee.
4. State of the building, and the status of the apartment
Method of construction of the building and the apartment building and the energy state of the building,
or apartment.
Variant characteristics are particularly
unsatisfactory status of the shell of the building and the roof, including the Windows and entrance
the door, particularly for the status of the shell of the building and the roof of the building
even the cosmetic (atypical Windows, stucco, Sgraffito), thermal insulation
external cladding, roof and doors of the House, upgrading ductwork in the House
(electric, water, waste and low-voltage distribution systems), a classification class
the energy performance of buildings reflecting the efficiency of operation,
unsatisfactory status of the apartment, such as for the repeated occurrence of moulds,
a modernised bathroom, double glazing and insulation for all ztrojené
Windows and external doors, burglary, upgraded
wiring, plumbing and waste in the apartment.
5. Location of the apartment at the place
Location of the apartment has been operating on the rent substantially and comprehensively. Location of the apartment can
be individually assessed very differently. For the quality of the positions are
above all, significant proportions of residential area in which the apartment is located. The importance of the
location of the apartment in the place for the amount of the rent increases with the size of the municipality. The address of the
two of the apartments, in some cases it may be sufficient to
expression of the matches in the characteristics of the "location of the apartment of the place".
Variant characteristics are particularly
the availability of good/bad, good/bad transport connections,
dense/sparse surrounding buildings/loneliness, the range of green and open space
a significant deterioration of insufficient/space noise, odour, dust,
the good/bad infrastructure.