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A Loan To Cover The Costs For The Modernisation Of The Apartment Under 36 Years Old

Original Language Title: úvěr ke krytí nákladů na modernizaci bytu osobami mladšími 36 let

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28/2006 Sb.



GOVERNMENT REGULATION



of 18 May. January 2006



on the conditions of use of the funds of the National Fund for the development of

housing in the form of a loan to cover part of the costs associated with upgrading

the apartment some under 36 years old



Change: 146/2006 Sb.



Change: 98/2007 Sb.



Change: 323/2009 Sb.



Change: 319/2014 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:



§ 1



This regulation lays down the conditions for use of the funds of the State

Housing Development Fund (hereinafter referred to as "the Fund") when granting credit to some

persons under the age of 36, to cover part of the costs associated with upgrading

apartment.



§ 2



(1) for the purposes of this regulation, means modernization



and building modifications) ^ 1) or maintenance work ^ 2)



1. residential house ^ 3), or a family house ^ 4), if it is owned or

ownership of the applicant,



2. the apartment in the ownership or co-ownership of the applicant under the law on

ownership of the flats ^ 5), including construction of an adjustment or maintenance work

the common parts of the House, or



3. apartment in a residential building or a family home, is owned by a

housing cooperatives, which the applicant is a member of, and at the same time the tenant of such

apartment, or



(b)) the connection of an apartment house, or House, or a House with apartments in

ownership according to the specific rules for public utilities

equipment, if the applicant is the owner or co-owner of the connected

construction.



(2) for the purposes of this regulation, further means



and the modernized apartment apartment) apartment house, family house or a House with apartments in

ownership under the law on ownership of apartments, if it is in the territory of the United

the Republic is modernized in accordance with paragraph 1 and on the modernization of was

provided with a loan under this regulation,



(b)) by the applicant is a natural person applying for a loan under this regulation,



(c)) recipient of the applicant who has been granted a loan under this regulation,



(d) the transferee is a natural person), to which it was transferred or passed

the ownership or joint ownership right to the modernized apartment, which was

modernized according to paragraph 1. and in points 1, 2) or paragraph 1 (b).

(b)), or a natural person, which became the lessee of the modernised apartment

that has been modernized according to paragraph 1. a), point 3.



§ 3



(1) the loan may be granted to the applicant,



and) who lives in marriage, in which at least one spouse nedovrší

in the 36 years of the year of application,



(b)) that does not live in marriage, nedovrší in the year of application 36 years and

in education, has alternating custody or foster care for at least one

a minor child.



(2) the Loan may not be granted



and, while the applicant) meets the conditions set out in paragraph 1 for the

non-resident applicants in the marriage, but the child's other parent or

the person with whom he has a child in foster care, the beneficiary or the

the acquirer; This does not apply if the applicant has in its care,

alternating custody or foster care for more minor child



(b) repeatedly) to the recipient,



(c)) on the modernised apartment repeatedly,



(d) the applicant to whom the) funding under regulation

Government No 97/2002 Coll. on the State Fund for the development of the use of resources

housing in the form of a loan to cover part of the costs associated with the construction of the apartment

persons under the age of 36 years,



(e)) for the duration of the marriage or husband or wife of the person who is

become a recipient of funding under the Government Decree No. 97/2002

SB.



(f)) on the flat, which has been funding under regulation

Government No 97/2002 Sb.



(3) if the applicant meets the condition set out in paragraph 1

(a). (c)), do not apply restrictions in accordance with paragraph 2.



§ 4



(1) for repayment of the loan must be modernised apartment in the ownership of the

or ownership of the recipient or acquirer, if upgraded

According to § 2 (2). 1 (b). a) points 1, 2 or § 2 (2). 1 (b). (b)), or in the

the hiring of the recipient or acquirer, if it has been modernized according to § 2 (2).

1 (b). a), point 3. If the loan has been granted to one spouse, may

be, if the marriage lasts, the modernised apartment also jointly owned

the spouses, in the case of modernization according to § 2 (2). 1 (b). a) points 1, 2, or

§ 2 (2). 1 (b). (b)), or common tenancy between spouses, in the case of

modernization according to § 2 (2). 1 (b). a), point 3. Modernised apartment must

at the same time serve as the permanent residence of the recipient or acquirer for

repayment of the loan.



(2) permanent housing Condition need not be met if the modernised

the apartment could not be used in the course of modernization because of its technical condition.

This exemption shall apply for a maximum of 1 year from the commencement of drawing a loan pursuant to this

of the regulation.



§ 5



(1) a written application for a loan shall be made of the Fund and are dealt with in

the order in which they are delivered to the Pool.



(2) the application shall contain



and) the name or name, surname and date of birth of the applicant,



(b)) the purpose for which the loan is requested under this regulation,



(c) the address of the place of residence),



d) marital status of the applicant,



(e) the name or names), surname and date of birth of the spouse, if the

the applicant in the marriage,



(f) the name or names), surname and date of birth of the minor child

the child, that the applicant is in custody, upbringing or foster

care, if the applicant meets the conditions laid down in § 3 (1).

1 (b). (b)),



(g)) the legal relationship of the applicant to the apartment, apartment house, family house or

House with apartments owned by the law on the ownership of flats that has

be modernized.



(3) to the application, the applicant shall be accompanied by a certified copy of the documents proving the

the matters referred to in paragraph 2.



(4) the Fund's may to verify the facts contained in the application referred to in

paragraph 2, request further documents and may require the papers to the

verification of the ability of the applicant to repay the loan.



(5) if the conditions laid down in this regulation, resulting from

the documents submitted, the prerequisites for the implementation of commitments from the provided

the loan is to Fund and credit resources, it shall submit, at the latest

within 60 days of receipt of a complete application and all supporting documents to the applicant

to sign the draft Treaty on the provision of credit. If the Fund refuses the request

communicate in writing and without undue delay, the grounds for refusal to the applicant.



§ 6



(1) the loan may be granted to a maximum of 150 000 €.



(2) a loan shall be remunerated at 2% interest rate per year. The remuneration on the depleted portion of

the credit starts from the date of loan drawdown.



(3) the recipient must initiate the drawdown of the loan within 1 year from the date of the conclusion of the

of the credit agreement.



(4) loan can be drawn within 2 years from the date of conclusion of the credit agreement. Total

the amount of the credit is reduced by the amount that has not been used up to the expiry of the 2

years from the date of conclusion of the credit agreement.



§ 7



(1) the loan is payable not later than 10 years from the date on which it was started with its

by drawing, with the exception of cases, when there was an interruption of payments according to

of paragraph 2.



(2) if in the course of repaying the loan recipient or the transferee in writing

the suspension of repayment of the principal of the loan, on serious grounds, which are

in particular, the loss of a job or illness, the Fund can enable interrupt

the repayment period for a maximum period of 2 years. In this case, the due date

the loan shall be extended by the period for which it was permitted to interrupt repayment.



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

repayment of principal and interest on the account specified in the loan contract. The recipient

or the licensee may at any time pay the extra payments, which lead to

premature repayment of the loan or a part thereof.



(4) the Fund withdraws from a credit agreement concluded pursuant to this regulation,

If the recipient fails to comply with the condition set out in section 6 (1). 3.



§ 8



(1) if there is a transfer of ownership or co-ownership rights to

modernized apartment, which was modernized according to § 2 (2). 1 (b). and)

points 1, 2 or § 2 (2). 1 (b). (b)), to another natural person at a time

When the loan is not repaid, the purchaser may assume the obligation of repaying the loan

only if it satisfies the conditions laid down in paragraph 3. If they are not in

the transferee subject to the conditions for the granting of a loan pursuant to section 3, the recipient is

shall be obliged to repay the loan before the transfer of ownership or

co-ownership rights to a modernised apartment. In the case that

the owner of a modernised apartment becomes a spouse to whom a loan

not provided, compliance with the conditions laid down in section 3, paragraph 3. 1, the

does not require.



(2) the obligation of the recipient to repay the loan before the transfer of ownership or

co-ownership rights to modernized flat will occur even if the

the transferee shall assume the obligation of repaying the loan, even though it complies with the conditions

laid down in paragraph 3.



(3) if there is a title or co-ownership rights to

modernized apartment, which was modernized according to § 2 (2). 1 (b). and)

points 1, 2 or § 2 (2). 1 (b). (b)), to another natural person at a time

When the loan is not repaid and the purchaser assumes the obligation of repaying the loan,

compliance with the conditions laid down in section 3, paragraph 3. 1 is not required.



(4) if the transfer of rights and obligations including rent

modernised apartment, which was modernized according to § 2 (2). 1 (b). and)


point 3, to another natural person at the time the loan is not repaid, the

the transferee shall assume the obligation of repaying the loan only if it satisfies the

the conditions laid down in paragraph 3. If the licensee does not meet the conditions for

granting of a loan pursuant to section 3, the beneficiary shall repay the loan before the

the transfer of membership rights and obligations. In the case that the purchaser

become a husband or wife is the beneficiary the beneficiary to whom the loan was not

granted, the conditions set out in § 3 (1). 1 is not required.



(5) the obligation of the recipient to repay the loan before the transfer of membership rights and

the obligation occurs even in the case where the transferee does not assume the obligation to

repayment of the loan, even though it complies with the conditions laid down in paragraph 3.



(6) if the transition to membership rights and obligations including rent

modernised apartment, which was modernized according to § 2 (2). 1 (b). and)

point 3, to another natural person at the time the loan is not repaid, and

the purchaser assumes the obligation of repaying the loan, the fulfilment of the conditions laid down

in section 3, paragraph 3. 1 is not required.



§ 9



This Regulation shall enter into force on 1 January 2000. March 2006.



Prime Minister:



Ing. Paroubek in r.



Minister for local development:



Mgr. Martin v. r.



Selected provisions of the novel



section 12 of Decree-Law No. 319/2014 Sb.



Transitional provisions



(1) the legal relationships arising pursuant to Government Regulation No. 28/2006 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. 28/2006 Coll., on

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 Government Regulation No. 28/2006 Coll., filed

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.

28/2006 Coll., in the version in force before the date of entry into force of this

of the regulation.



1) § 139b of paragraph 1. 3 (b). c) Act No. 50/1976 Coll., on urban planning

building code (the building Act), as amended by Act No. 82/1998 Coll.



2) § 54, § 55 para. 3 the building Act.



§ 14 Decree No. 133/1998 Coll., which implements certain provisions of

the building Act.



3) § 3 (b). (b)) Decree No. 137/1998 Coll., on general technical

requirements for the construction.



4) § 3 (b). (c)) Decree No. 137/1998 Sb.



5) Act No. 72/1994 Coll., to regulate certain co-ownership

relationships to buildings and certain ownership relationships to flats and non-residential

spaces and the following certain laws (the law on the ownership of flats)

as amended.



6) of Council Regulation (EEC) No 1612/68 of 15 October 1968. October 1968 on the free movement

workers within the community.