About How To Use The Resources Of The State Housing Development Fund On Home Repair

Original Language Title: o použití prostředků Státního fondu rozvoje bydlení na opravy domů

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=79172&nr=468~2F2012~20Sb.&ft=txt

468/Sb.



GOVERNMENT REGULATION



of 5 April 2004. December 2012



about how to use the resources of the State housing development fund in the form of loans

provided by legal and natural persons on the repair and modernization of home



Change: 269/Sb.



Change: 144/2014 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 determines the conditions for the use of funds from the

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

provided by legal and natural persons on the repair and modernization of the home.



§ 2



Definition of terms



For the purposes of this regulation, means a



and house building) with at least four separate flats ^ 1), in which multiple

than half of the floor area corresponds to the requirements for permanent living and

It is intended for this purpose, built on the territory of the Czech Republic,



(b) the repair or modernization of the House) the activities referred to in the annex to this

of the regulation.



§ 3



The conditions for granting the loan



(1) the loan may be granted to natural or legal persons, that is

the owner or co-owner of the House or apartment ^ 1) in the House.



(2) in the House, in which arises condominiums, loan

as well as this legal entity.



(3) a loan may be granted, if the following conditions are met:



and repair or modernization of) the House must be in repair and modernization

referred to in part A of the annex to this regulation, unless the State House one

repair or upgrading referred to in part A of the annex to this regulation

under each item proven does not require



(b) a written application for credit) under section 4 is made prior to the commencement of repair or

modernisation of the House,



(c)) in the case of a loan, subject to the conditions laid down in decision

The European Commission issued pursuant to the regulation directly applicable European Union

in the area of public aid notification ^ 6) (hereinafter referred to as "terms and conditions

of the notified scheme "), have not been started ^ 7) before the Fund

shall confirm in writing that the project in principle meets the conditions of the notified

mode,



(d) the supplier of the repair or modernization) of the House are natural or legal

people who have a quality management system implemented and certified in a manner

corresponding to the respective Czech technical standard ^ 2)



(e) the repair or modernisation of the House) are building the Office allowed or

are building Office duly reported, if the building permit or

the Declaration shall be subject to, or is the maintenance of the work mandated by the

the building Act,



(f) it is sufficiently ensured) credit.



(4) On the same type of repair or modernization of the same construction elements

the House may be granted only once; This does not apply if the construction

elements of the House, which have been the subject of previous repair or modernization, already

do not meet the current requirements laid down by the legislation or

technical standards.



(5) a loan under this Regulation shall be granted for activities that have been

support from national or European funds.



§ 4



Request for credit



(1) an application for a loan contains



and) the name or name, last name, address, place of residence and

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



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

number of the person and the address of the place of residence or place of business,

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

a natural person,



(c)) the trade name or name, identification number and address of the person, if the

the applicant legal person.



(2) the loan application the applicant shall provide



and) proof of ownership of the House or apartment in which the repair or

the modernisation of the loan is to be granted,



(b)), the applicant's statements to the effect that on the date of submission of the application for a loan does not have

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



(c)) that the Declaration by the applicant 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 the economic crime or a crime against

assets,



(d)), the design documentation of the proposed repair or modernisation of the House

processed by an authorised engineer or by an authorized technician law

in construction, where the proposed repair or modernisation shall be subject to the building

authorisation or declaration, or if the processing of the request is clear from

legislation,



e) document proving the amount of energy savings,



(f)), in which the budget must be separately listed items, the cost of

repair or modernisation of the House that are listed in the annex to this

Regulation,



g) proof of the floor area of apartments in the House, on which the repair or

the modernisation of the loan is to be granted,



h) in cases where the State does not require any repair proven House

or upgrading referred to in part A of the annex to this regulation,

confirmation of this fact issued by a person referred to in subparagraph (d)).



(3) 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. Fund

can the applicant also to supplement other supporting documents necessary to

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

the applicant within the time limit to complete the required information, the Treaty

the loan cannot be closed.



(4) After the preliminary assessment of the application, the applicant's written Challenge Fund

showing that there are



and eligibility of repair or planned) modernization of one of the following

documents or declarations:



1. a final building permit or a public contract for the implementation of

the building, which can be used to replace a building permit or proof of notice

the certificate of an authorized officer of the competent authority,



2. the consent of the building authority to carry out construction, or



3. Declaration by the applicant that the alterations do not require building permits

neither report ^ 4),



(b)), the Treaty on the construction contractor of the construction is concluded, if

the construction does not implement itself, the applicant



(c)) document proving the fulfilment of a condition pursuant to § 3 (2). 3 (b). (d)).



§ 5



The interest rate and the loan amount according to the conditions of the de minimis



(1) the amount of the interest rate may not be lower than the reference rate

The European Union ^ 5).



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

The European Union increased by příČslušnou the risk margin based on credit score

the applicant and the collateral for a loan, the loan amount is limited in accordance with the rules

providing support directly to the applicable de minimis aid under regulation

The European Union ^ 3).



(3) the amount of the loan may not exceed 90% of the budgetary cost of repairs

or upgrading the House listed in the annex to this regulation.



Section 5a



The interest rate and the loan amount under the terms of the notified scheme



(1) the amount of the interest rate may not be lower than the reference rate

The European Union ^ 5).



(2) 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 applicant and the collateral for a loan, the loan amount is limited to the maximum intensity

aid in accordance with the terms of the notified scheme.



(3) the amount of the loan may not exceed 75% of the budgetary cost of repairs

or upgrading the House listed in the annex to this regulation.



§ 6



The contract for the provision of credit and terms of credit



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

loan funds may submit a proposal to the applicant

contracts for the provision of the loan.



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

and without undue delay.



(3) if the applicant of the reasons for the conclusion of a contract for the provision of

credit not later than 2 months from receipt of the challenge Fund to the conclusion of the contract

the granting of a loan, the loan is granted.



(4) the loan must be commenced within 6 months from the date of acquisition

the effectiveness of the contracts for the provision of the loan.



(5) repair or modernization of the House must be completed within 3 years from the date of

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



(6) for repayment of the loan, but at least for a period of 5 years from the date of acquisition

the effectiveness of the contracts for the provision of the loan, may not be used for any other House or apartment

purpose than housing.



(7) If a decision on the removal of the House, on which repair

or modernisation of the loan, the loan beneficiary is obliged to notify

This fact the Fund, within 30 days from the date of this decision

came into legal force.



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

especially for the case that the recipient of the loan is in default with the payment of

loan instalments in the agreed amount or fails to comply with the conditions referred to in paragraph 3 and in

paragraphs 5 to 7.



§ 7



Repayment of the loan



(1) the period of loan repayment can be in a contract for the provision of a loan arranged

for a maximum of 30 years from the date of entry into force of the Treaty on the provision of credit.


At the request of the recipient of the loan can be the beginning of the repayment of the principal of the loan

postponed for a maximum period of 2 months from the completion of repair or

modernization. At the request of the recipient of the loan, the Fund may modify the duration of the loan

the loan. The total period of repayment of the loan shall not exceed the period provided for in

the first sentence.



(2) the Fund may require immediate repayment of the loan,



and) if the transfer or gradient, ownership of the House or apartment to another

person and the new owner will not assume in full the commitment to repay the

the remaining part of the loan or the remaining part of the loan is not enough

ensured,



(b)) if it is established that the recipient of the loan provided incorrect information on

basis of which the contract has been concluded for the provision of the loan, or violated the

the conditions referred to in section 6 (1). 5 to 7,



(c)) 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,



d) acquires legal force of the decision by the competent Building Authority

change in the purpose of use of the House or apartment, or the removal of the House.



§ 8



Transitional provision



(1) the legal relationships arising pursuant to Government Regulation No. 303/2001 Coll., as well as

the rights and obligations arising therefrom shall be governed by the existing legal

regulations.



(2) For the early repayment of the entire principal pursuant to § 7 para. 2 Government Regulation

No 299/2001 Coll. is not refinancing loan provided to the Bank

the repair and modernization of home, provided that the newly agreed loan is

granted only to pay the outstanding portion of the loan to which the support

applies. This also applies in cases of refinancing loans prior to the date of acquisition

the effectiveness of this regulation.



§ 9



Regulation (EEC)



Shall be repealed:



1. Government Regulation No. 303/2001 Coll. on the use of funds of the State Fund

housing development to cover part of the interest on loans granted by the banks

legal and natural persons on the repair and modernization of the home.



2. Government Regulation No. 398/2002 Coll., amending Decree-Law No.

299/2001 Coll., on the use of the resources of the State Fund for housing development

cover part of the interest on loans granted by the banks to the legal and physical

persons on repair, modernisation or regeneration of panel buildings.



3. Government Regulation No. 152/2004 Coll., amending Decree-Law No.

299/2001 Coll., on the use of the resources of the State Fund for housing development

cover part of the interest on loans granted by the banks to the legal and physical

persons on repair, modernisation or regeneration of prefabricated houses, as amended by

Decree-Law No. 398/2002 Sb.



4. Government Regulation No. 325/2006 Coll., amending Decree-Law No.

299/2001 Coll., on the use of the resources of the State Fund for housing development

cover part of the interest on loans granted by the banks to the legal and physical

persons on repair, modernisation or regeneration of prefabricated houses, as amended by

amended.



5. Decree-Law No. 118/2009 Coll., amending Decree-Law No.

299/2001 Coll., on the use of the resources of the State Fund for housing development

cover part of the interest on loans granted by the banks to the legal and physical

persons on repair, modernisation or regeneration of prefabricated houses, as amended by

amended.



6. Government Regulation No. 310/2009 Coll., amending Decree-Law No.

299/2001 Coll., on the use of the resources of the State Fund for housing development

cover part of the interest on loans granted by the banks to the legal and physical

persons on the repair and modernization of houses, as amended.



§ 10



The effectiveness of the



This Regulation shall enter into force on the fifteenth day following the date of its publication.



Prime Minister:



RNDr. Nečas in r.



Minister for local development:



Ing. Jankovský in r.



Annex



A list of fixes and upgrades, home, in which you can give credit to



Part And



Item No.



1 Troubleshooting the foundations of houses and repair of waterproofing the bottom construction



2 removal of static load-bearing structure malfunctions



3 Fix the external cladding and repairing relations components of external cladding



4 Fix Loggia or balconies including balustrades, replacing the original balconies with new balconies or conversion

balconies on the loggia and with increasing the usable floor area of the new balcony or

Loggia in connection with used building technology



5 implementation of additional thermal insulation of curtain wall neprůsvitného



6 Replacement external doors and Windows Thermo-technically, or acoustically advanced materials



7 repairs and insulation of roofs including swap bodies, such as the engine room, chimneys, etc.



8 regulation of heating system



9 the repair or replacement of conductors, the main wiring (heavy current, light current), health

-technical installations and gas, including the exchange of power meters



Part (B)



Item No.



10 the establishment of a new balcony or Loggia, glazing existing balcony or Loggia



11 Renewal submitted by the entry stairs and railings, walls and floor tiles



Fix 12 fire-fighting equipment and structures



13 Insulation selected internal structures



14 the right of the layers and the construction of floors, walls and ceilings in the public areas, corridors,

fix stairs and entrance area, including boxes and lighting



15 central control of heating system Improvement, upgrading of the heating system, including the use of renewable

sources of energy that can be associated with the Exchange and, where appropriate, distribution of radiators and the exchange of

or installing a new heat consumption meters



4 Fix the object transfer stations or engine rooms with facilities for the production of hot water

including the installation of power meters



construction of a new boiler house for 17 needs House



solar panel installation for the production of heat or hot vodydomu



19 establishment, repair or modernization of air conditioning



20 establishment of a new elevator, Elevator repair or replacement of the existing structure, including the necessary interventions to

the elevator shaft



21 the repair or replacement of the entrance door to the apartment



22 repair or modernization of the kernel including electricity, sanitary-technical installations

and gas



23 Repair or upgrading in the apartment-replacement wiring, repair of floors, walls, ceilings and doors replacement



24 the costs of project work, the necessary checks, inspections, licences, audits, technical supervision of the Commissioner ".



Annex No. 2



cancelled



Selected provisions of the novel



Article. (II) Government Regulation No. 144/2014 Sb.



Transitional provisions



1. Legal relationships arising pursuant to Decree-Law No 468/2012 Coll., as amended by

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

obligations incurred, shall be governed by regulation of the Government No. 468/2012 Coll. in

the version in force before the date of entry into force of this regulation.



2. in the case of an application for a loan under the Government Decree No. 468/2012 Coll. lodged

before the date of entry into force of this Regulation shall apply to the contract

of the loan and the conditions laid down for the granting of a loan the Government Ordinance No.

468/2009 Coll., in the version in force before the date of entry into force of this

of the regulation.



1) section 3 of Decree No. 268/2009 Coll., on technical requirements for the construction,

as amended by Decree No. 20/2009 Sb.



2 the ČSN EN ISO 9001) or 9002.



3) of Commission Regulation (EC) No 1407/2013 of the 18. December 2013 on the use

articles 107 and 108 the Treaty on the functioning of the European Union in support of the de

minimis aid.



4) § 103 of the construction law.



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

discount rates (2008/C 14/02) of 19 May 2003. January 1, 2008.



6) of Council Regulation (EC) no 659/1999 of 22 December 1999. March 1999 laying

down detailed rules for article 108 of the Treaty on the functioning of the European

the Union, in its up-to-date version.



7) Article. 2 point 23 of the Commission Regulation (EU) No 651/2014 of 17. June

2014, in accordance with articles 107 and 108 of the Treaty, certain

categories of aid compatible with the internal market.