On The Use Of Funds Of The State Housing Development Fund

Original Language Title: o použití finančních prostředků Státního fondu rozvoje bydlení

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=74950&nr=284~2F2011~20Sb.&ft=txt

284/2010 Sb.



GOVERNMENT REGULATION



of 8 March. September 2011



on the conditions for granting and using the financial resources of the State Fund

housing development in the form of a loan to support the construction of rental apartments on the

the territory of the Czech Republic



Change: 268/2009 Sb.



The Government ordered pursuant to section 9 of Act No. 211/2000 Coll. on the State Fund

housing development and amending Act No. 171/1991 Coll., on the scope of the authorities

The United States in cases of transfers of State assets to other persons and the Fund

National Property Fund of the Czech Republic, as amended, in

amended by Act No 61/2005 Coll.:



§ 1



The subject of the edit



This regulation lays down the conditions for granting and use of financial

the resources of the State Housing Development Fund (hereinafter referred to as "the Fund") in the form of

loan to support the construction of rental housing in the Czech Republic (hereinafter referred to

only the "loan").



§ 2



Definition of terms



For the purposes of this regulation, means a



and the rental apartment apartment built) with the use of a loan under this regulation,



b) construction



1. the new building of apartments, which will create a residential house with ocean flats,



2. construction work ^ 1), which will create a rental flat of space intended for

purposes other than housing, excluding construction work in a family house,



3. the superstructure or extension, which will create a rental apartment, except for body builders

or extensions in a family house,



4. construction adjustments to rental apartments accrue eligible for housing in

the apartment building in which the apartment is not yet eligible for housing,



5. alterations of an existing apartment, whose Division produces

at least 1 more eligible for housing rental apartment,



c) adjustable flat apartment that meets the requirements for barrier-free

living under other legislation governing technical requirements

on the barrier-free use of the buildings ^ 2)



(d) the floor area of the rented apartment) total floor areas of all

the rooms of the apartment, including the rooms that make up the accessory apartment



(e) the net monthly income income) is detected in the same way and in the

same extent as determined for the purposes of the minimum subsistence income

under the Act on the subsistence minimum,



(f) the average wage earners), the average gross monthly wage in the national economy

total interviewed and published the Czech Statistical Office.



§ 3



The loan applicant



The loan applicant ("the applicant") may be a village or other legal

or a natural person who has his registered office or place of residence of the

the territory of the



and one of the Member States) of the European Union,



(b)) state that is a Contracting Party to the agreement on the European economic

space, or



(c)) of the Swiss Confederation.



§ 4



The conditions for granting and using credit



The loan can be granted if the following conditions are met:



and) land on which the construction will be carried out, it is owned by the

of the applicant; This does not apply in the case where the applicant proves that the land on

the construction under section 2 (b). (b) carry out, point 1) has

the long lease that will last at least throughout the repayment period

the loan, at least for a period of 10 years from the date of the loan, and

the owner of the land by the lessee with the construction of the said agreement; on

land shall not diminish a lien in favour of the third persons, with

the exception of a lien in favour of the Fund,



(b)) the building in which the construction will be made under section 2 (b). (b)) 2

up to 4, is the exclusive property of the applicant and to the building of the binding pledge

the right to the benefit of a third party, with the exception of a lien in favour of the

The Fund,



c) construction is allowed or approved pursuant to the building Act,



(d)) the loan must be used in accordance with the financial project



e) applicant has at the date of submission of the application for a loan payable in arrears in the

the relationship to the public budget, or to a health insurance company,



f) loan is sufficiently secured by a mortgage or other

by ensuring



(g)), the applicant shall be the date on which the application for a loan in bankruptcy or in

disposal,



h) contractor has introduced a quality management system according to Czech

technical standards,



I) floor area apartment will be a minimum 25 m2 but

shall not exceed 90 m2,



(j)) of every 5 bytes must be 1 flat adjustable flat,



k) in the case of the construction under section 2 (b). (b) point 1 or 4), the construction of

comply with the requirements on the energy performance of buildings, a valid class B

According to the decree regulating the energy performance of buildings,



l) construction must be completed and able to use within 3 years from the

the date of conclusion of the contract of loan,



m) construction must take place outside of floodplains ^ 3).



§ 5



The conditions for the conclusion of lease agreements



(1) the recipient of the loan may conclude a lease to the apartment about tenancy



and) with a natural person who



1. proof that the average monthly net income of the persons who will be taking the

the apartment, in a period of 12 calendar months prior to the conclusion of the rental agreement

does not exceed the limit laid down in paragraph 6,



2. the person is dependent on the assistance of another individual ^ 4) or disability in

third degree ^ 5),



3. be prepared for the possibility of living as a result of a natural disaster, or



4. is 65 years or older



(b)) with any individual.



(2) if the construction is intended for persons referred to



and in paragraph 1 (a)). a), the amount of the interest rate pursuant to § 7 para.

1 (b). and)



(b) in paragraph 1 (a)). (b)), the amount of the interest rate pursuant to § 7 para.

1 (b). (b)).



(3) the recipient of the loan enters into a lease with a person referred to in paragraph

1 (b). and) only if such person at the date of conclusion of the lease

the Treaty does not have ownership of the residential house, family house or

the apartment is not a member of a housing cooperative with the right to lease of the flat

nor does not use the law of tenancy or easement another apartment or a family

House; This condition must be fulfilled and other members of the household who are

apartment living.



(4) the recipient of the loan making conclusion of the lease to the apartment of a composition

funds to cover the costs of construction or other monetary

the discharge, with the exception of the funds compound to ensure

rent and remuneration for the performance provided in connection with the use of the apartment,

and to cover other obligations in connection with the rent that does not exceed

three times the monthly rent and the advance on the remuneration for the performance of

provided in connection with the use of the apartment.



(5) the beneficiary of the loan closes lease to the apartment



and) with a person referred to in paragraph 1 (b). a) points 1 to 3 for

some, however, the longest for a period of 2 years. This person may request no later than

3 months before the end of this period of renewal of the lease, but must continue to

meet at the date of submission of the application the condition referred to in paragraph 1 (b). and)

and duly fulfil the obligations arising out of the rental agreement. The recipient of the loan

the lease extends, but always for a maximum of 2 years,



(b)) with a person referred to in paragraph 1 (b). and section 4) for an indefinite period.



(6) to determine the Limit of income referred to in paragraph 1 (b). point 1 shall be)



and) 0 times the average salary, in the case of a single-member household,



(b)) the average wage, in the case of the household with 2 members



(c)), 1, 2 times the average salary, in the case of the household with 3 members



(d)), 1.5 times the average salary, in the case of a household with 4 members,



e) 1 times the average salary, in the case of a household with 5 or more members.



(7) if the household does not constitute only a person referred to in paragraph 1 (b). and)

points 2 to 4, the income of the household shall be determined in accordance with paragraph 6.



(8) if the lease to the apartment about tenancy concluded with a person referred to

in paragraph 1 (b). and in point 1) period 1. July to 31. December,

the net monthly income of that person, or net monthly income

compared with the average wage of a household for the immediately preceding

calendar year; If the lease to the apartment closed in the period from 1.

January 30. June, the monthly net income compared with the average

the wages for the past calendar year.



(9) the recipient of the loan does not close the lease to the apartment about tenancy, if the



and a person with) an individual person ^ 6) of the natural person



(b)) a legal person,



1. the governing body of the legal person, or a member,



2. a member of the supervisory body or of the governing body of the legal person,



3. with the companion of the legal person, or



4. with the founder of the legal person.



§ 6



The conditions for the management of ocean apartments



(1) the conditions for the management of rental apartment to be built with the use of credit

in accordance with this Regulation shall be valid throughout the repayment period of the loan,

but at least for a period of 10 years from the completion of the construction.



(2) the recipient of the loan is not permitted after the time that the rental apartment is used

purpose in accordance with this regulation, transfer ownership to about tenancy of the flat

to another person without the consent of the Fund, to change the use of the rented apartment

for purposes other than housing, give consent to donating rental apartment

or parts of it to ^ 7), charging a rental apartment with a lien on the

to third parties, with the exception of the lien, which is ensured

credit provided by the Fund under this regulation.



(3) in the case of the transition of ownership of the residential house with the ocean

apartments at a time when rental apartments are used for the purpose pursuant to this regulation,


shall notify the person to whom the ownership of the Fund, this fact.



(4) for construction under section 2 (b). b) of point 1 may not be a work-in-progress

building without the consent of the Fund be transferred to a third party; the under construction

the construction of the lien must not diminish in favour of third parties, with the exception of

a lien in favour of the Fund.



§ 7



The interest rate



(1) the amount of the interest rate



and for the construction of a person) according to § 5 para. 1 (b). and) shall not be less

than 2 percentage points, while lower than the reference rate

The European Union ^ 8) and may be less than or equal to the base reference rate

The European Union increased the risk margin ^ 9) based on credit score

the client and the credit protection,



(b)) in the construction for the person pursuant to § 5 para. 1 (b). (b)) shall not be less

than 3.5 percentage points, while lower than the reference rate

The European Union increased the risk margin based on credit score

the client and to secure the loan.



(2) if the interest rate is lower than the reference rate of the European

the Union increased the risk margin based on the creditworthiness of the client, and

securing the loan is fixed throughout the loan repayment. If there is a

the interest rate is equal to the basic reference rate of the European Union, increased by

the risk margin based on the creditworthiness of the client and the credit protection,

It is fixed for a period of a maximum of 5 years. For the conversion of the interest rate shall be applied

Basic reference rate of the European Union increased by appropriate risk

a premium based on the creditworthiness of the client and ensure credit valid at the date of the conversion

interest rates.



§ 8



The loan amount



(1) in the event that the interest rate is lower than the reference rate

The European Union increased the risk margin based on credit score

the client and to secure the loan, the loan amount is limited in accordance with the rules

providing support to small scale by directly applicable legislation

The European Union ^ 10).



(2) in the event that the interest rate is equal to the basic reference rate

The European Union increased the risk margin based on credit score

the client and the credit protection, this is not about public support; the limit for

the Fund Committee shall lay down the amount of the loan.



(3) the amount of the loan may not exceed 70% of the costs relevant to determining the amount of

the loan.



(4) expenses applicable to the determination of the amount of the loan include investment expenditure on

construction and may include a portion of the purchase price for the land, or

existing buildings identified by an expert. Part of the price of land shall not exceed 10

decisive for the destination of the loan amount. In the event that the beneficiary of the credit

has the land on which the construction is being carried out in the long-term lease

expenses applicable to the determination of the amount of the loan is only investment expenditure on

construction.



§ 9



Request for credit



(1) applications for the Loan Fund are served in paper form.



(2) an application for a loan contains



and, where appropriate, names) the name, surname, address of the place of residence and

date of birth, when the applicant is a natural person,



(b)) the name, or name, last name, business name, or place

the business, if different from the address of permanent residence, when the applicant is

entrepreneurial natural person



(c)) the business name or name and address, when the applicant is a legal person.



(3) the application for a loan applicant shall provide



and proof of ownership of the land), or buildings or under construction

the construction work,



(b) the emergence of a right) proof of relationship to the land and the consent of the owner

land with construction carried out by the tenant, if construction will be carried out

an applicant who has a plot in the long-term lease,



(c)) Declaration by the applicant stating that on the day of loan applications has

outstanding balance due to the public budget, or to a health insurance company,



(d) a declaration by the applicant), for which the persons referred to in § 5 para. 1 is

the construction of the intended,



(e) a declaration by the applicant that) at the time of submission of the application and for a period of 3 years before

submission of the application is not and was not in bankruptcy or liquidation or bankruptcy

There has not been and is not guided by the enforcement of a decision against the applicant, against

the applicant is not commenced or criminal proceedings and has not been convicted of a

the offense, which is related to the merits of the subject of activity

the applicant, or for criminal economic act or offence against the

assets,



(f)), the financial project that contains the budgeted cost for the construction of rental

bytes, the data showing the price of land and the cost of the building in case of

the adjustment, the financial envelope of the total budgeted costs including

the anticipated credit, number and floor area of each rental

floor space of flats and non-residential premises,



g) summary technical report with an indication of the number of rental apartments and

floor plans of individual floors marked with all rental apartments,

showing the editable apartments and an indication of the class of energy intensity,



h) affidavit of support small scale by directly

of the applicable legislation of the European Union for the last 3 years.



(4) the Fund may request additional documents as needed, that are used to

assessment of the purpose of the loan and the ability of the applicant to repay the loan.



(5) if the loan application, it shall invite the applicant pool to complete, within 30 days from the

receipt of the application for a loan to make it within the time limit laid down by the Fund.

If the applicant has the required data within a specified period, the contract does not

to grant a loan cannot be closed.



(6) after the preliminary assessment of the application, the applicant shall provide evidence to challenge Fund



and the final building permit) or a public contract for the implementation of

construction certificate authorized the competent inspector notified

building Office, the announcement of the building showing the acceptance by the competent

the Building Authority, consent to execute a construction, a statement

the applicant that it was not within the legal deadline of building authority decision

prohibiting the implementation of construction, or a declaration by the applicant that

building modifications do not require building permits or notification,



(b) on the implementation of the construction) contract concluded with the contractor of the construction, if the

the construction does not implement itself, the applicant



(c)) for construction under section 2 (b). (b) point 4 of opinion) an authorized engineer

in the field of building construction, the expert opinion prepared by an expert in the field of

building construction, or opinion of the engineer in the field of authorized statics and

dynamics of structures showing the inability of apartment house to dwell,



d) proof that the contractor has implemented the quality management system

According to Czech technical standards,



(e) the competent vodoprávního authority) a statement to the effect that land on

the construction of rental apartments to realize, is not in the

the water meadows of the territory.



§ 10



The contract for the provision of credit



(1) if the conditions laid down in this regulation and to the Fund

the loan funds, the applicant may submit

within 60 days of receipt of a complete application, draft Treaty on the

the provision of credit.



(2) the contract of loan must contain arrangements for contractual penalty clause

especially for the case that the recipient is in default in the payment of instalments

loan in agreed with, or fails to comply with the conditions referred to in sections 4 to 6.



(3) if the Fund does not provide the credit, shall inform the applicant of this fact in writing

and without undue delay.



§ 11



Drawdown and repayment of the loan



(1) the recipient of the loan must begin drawing the credit within 6 months from the date of

entry into force of the Treaty on the provision of credit.



(2) Overlapping with other investment aid housing is limited

the rules for providing support to small scale by directly

of the applicable legislation of the European Union ^ 10).



(3) the Loan is payable until 30 years from the date of entry into force of the Treaty

to grant the loan. At the request of the recipient of the loan can be the start of repayment

the principal of the loan postponed for a maximum period in their construction.



(4) the loan is paid back through regular monthly instalment comprising

repayment of principal and interest on the account specified in the contract for the provision of the loan.



(5) on the request of the beneficiary, the Fund may modify the period of repayment of the loan.



(6) the Fund may withdraw from the contract for the provision of the loan closed according to the

of this regulation,



and) if the recipient of the loan is in default in payment of a minimum of 2 monthly

loan instalments in the agreed amount and fails to pay the amounts due to the longest

within 30 days of receipt of the written Challenge Fund to the payment, or



(b) if the beneficiary fails to meet) the loan terms and conditions referred to in paragraph 4 to 6.



(7) in the event that the Fund withdraws from the contract for the provision of the loan closed

under this regulation, it shall invite the recipient of the loan for the immediate repayment of the

the amount owed and not pay the undrawn portion of the loan.



§ 12



The effectiveness of the



This Regulation shall enter into force on 1 January 2000. October 2011, with the exception of

the provisions of paragraph 4 (b). k), which shall enter into force on 1 January 2000. January 2012.



Prime Minister:



RNDr. Nečas in r.



Minister for local development:



Ing. Jankovský in r.



Selected provisions of the novel



Article. (II) Government Regulation No. 268/2012 Sb.



Transitional provisions



1. Legal relationships arising pursuant to Government Regulation No. 284/2010 Coll., as amended by

effective until the date of entry into force of this regulation, as well as the rights and

the obligations arising from them are governed by existing laws.



2. Requests for assistance under Government Regulation No. 284/2011 Coll. placed before the date of


entry into force of this Regulation shall be treated in accordance with the existing laws,

regulations.



1) § 2 (2). 5 of law no 183/2006 Coll. on territorial planning and building

Code (the building Act).



2) Decree No. 398/2009 Coll., on general technical requirements

belonging to the barrier-free use of the buildings.



3) section 66 of Act No. 254/2001 Coll. on waters and on amendments to certain laws

(the Water Act), as amended by Act No. 20/2004 Coll., Act No. 186/2006 Coll.

Act No. 150/2010 Sb.



Decree No. 237/2002 Coll. on the method and extent of the design and processing

determining floodplains.



4) Act No. 108/2006 Coll., on social services, as amended

regulations.



5) Act No. 155/1995 Coll., on pension insurance, as amended

regulations.



6) section 116 of the civil code.



7) section 719 of the civil code.



8) Commission Regulation (EC) no 794/2004 of 21 April 2004. April 2004, as amended by

Commission Regulation (EC) No 274/2008 of 30 June. January 2008 amending

Commission Regulation (EC) no 794/2004 implementing Council Regulation (EC)

No 659/1999 laying down detailed rules for the application of article 93 of the Treaty

EC.



9) Commission communication on the revision of the method for setting the reference and

discount rates (2008/C 14/02).



10) Commission Regulation (EC) No 1998/2006 of 15 March. December 2006 on the

the application of articles 87 and 88 of the Treaty to de minimis aid.