319/2014 Sb.
GOVERNMENT REGULATION
of 24 July 2003. November 2014
on the use of funds of the State housing development fund form
loans for the reconstruction of dwellings affected natural disaster and amending certain
Government Regulation
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.:
PART THE FIRST
THE USE OF THE FINANCIAL RESOURCES OF THE STATE HOUSING DEVELOPMENT FUND FORM
LOANS FOR THE RECONSTRUCTION OF DWELLINGS AFFECTED NATURAL DISASTER
§ 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 for the reconstruction of dwelling affected
a natural disaster.
§ 2
Definition of terms
For the purposes of this regulation, means a
and natural disaster)
1. the situation arising from the action of natural forces, if it was
declared a State of crisis by crisis law ^ 1), or 3. the degree of
flood activities by water Act ^ 2), or
2. the situation in connection with the occurrence of at least one of the
extreme weather events according to the criteria for the issue of
warning information in the system, integrated alarm services
extremely strong winds, extremely strong thunderstorm with torrential rainfall or
extreme precipitation,
b) dwelling immovable thing, part of which is at least one apartment ^ 3),
(c)) protipovodňovými construction and measures technical measures flood
protection of the dwelling,
d) renewal
1. fix the dwelling or its parts, damaged in the context of natural disaster
the disaster, in order to bring the dwelling to working condition, or
with the implementation of measures related
2. construction of a dwelling by a natural person as a substitute for a dwelling mentioned in
the context of a natural disaster,
3. acquisition of the dwelling purchase or auction a natural person as a substitute for
dwelling mentioned in connection with the natural disaster.
§ 3
The conditions for granting the loan
(1) credit for the repair under section 2 (b). (d)) of point 1 may be granted to a person
who is the owner or co-owner of the dwelling, and the community
unit owners, if the House was established. The loan for the construction or acquisition of
pursuant to section 2 (a). (d) points 2 and 3) may be granted only to a natural person.
(2) the loan can be granted if the following conditions are met:
and) loan application Pool is delivered within 2 years from the date when the damage to the
dwelling natural disaster has occurred,
(b)) the loan is for repaying secured by a mortgage or other
way.
(3) for the grant of a loan to repair under section 2 (b). In addition, item 1 (d))
applies that the
the dwelling is damaged) natural disaster,
(b) the loan is granted on the) repair damage caused by natural disaster,
where appropriate, the implementation of flood prevention measures,
(c)) in the damaged dwellings had a natural person at the time of a natural disaster
residence,
d) fix must be completed within 3 years from the conclusion of the credit agreement.
(4) for the provision of credit for construction under section 2 (b). Furthermore, section 2 (d))
applies that the
the dwelling was) in the context of a natural disaster, issued a final
the decision on the removal of structures, or has been within the relief work
removed, or change is made to the use of the apartment because of the
lack of suitability for housing,
(b)) in a deleted dwellings had at the time of a natural disaster, the owner of the residence
or his spouse, registered partner or a person who is related to the
direct line with the owner of the dwelling,
c) construction in progress outside of the floodplain,
d) construction will be completed, so that approval ^ 4) took place no later than
3 years from the conclusion of the credit agreement, if not during the repayment period
the loan is extended, the
(e)) for the construction of the agreed structural and Assembly insurance dwelling for
the case of a natural disaster with a pledge of indemnity in favour of the Fund.
(5) to provide a loan for the acquisition under section 2 (b). further, section 3 (d))
applies that the
the dwelling was) in the context of a natural disaster, issued a final
the decision on the removal of structures, or has been within the relief work
removed, or change is made to the use of the apartment because of the
lack of suitability for housing,
(b)) in a deleted dwellings had at the time of a natural disaster, the owner of the residence
or his spouse, registered partner or a person who is related to the
direct line with the owner of the dwelling,
(c)) taken out of the floodplain.
§ 4
The loan applicant
The loan applicant ("the applicant"), a person may be affected by a natural disaster
disaster,
and the municipality, region) or other legal entity that is the owner of the dwelling,
(b)) a natural person who is the owner of the dwelling, or her husband,
registered partner or a person who is related in direct line with the
the owner of the dwelling, and in dwellings at the time of a natural disaster, residence.
§ 5
Request for credit
(1) an application for a loan contains
and the address space) the name, residence and date of birth, if the
the applicant is a natural person,
(b)) the name, business name, identification number and address of the person
permanent residence or registered office, if different from the address of permanent residence,
When the applicant is a natural person-entrepreneur
(c)) the trade name or name, identification number and address of the person, if the
the applicant legal person
(d) the date or time), when the damage to the natural disaster occurred.
(2) the application for a loan to repair under section 2 (b). (d) point 1 of the applicant)
be accompanied by a
and) proof of ownership dwellings damaged natural disaster,
b) affidavit stating that in a dwelling at the time of a natural disaster
natural person, resident,
(c) documentation of a dwelling of the damaged natural) disaster
(d)), the design documentation of the proposed repair of the dwelling, if it is referred to in
the legislation required,
(e) repairs, budget item)
f) specifications type and budget item, if it is on the implementation
flood control measures.
(3) the application for a loan for construction under section 2 (b). (d) the applicant, section 2)
be accompanied by a
and) proof of ownership dwellings damaged natural disaster,
b) affidavit stating that the dwelling had at the time of a natural disaster
of residence of the owner, or his spouse, registered partner, or a person
that is related in direct line,
c) proof that the homes were lost as a result of natural disaster,
(d) the proposed construction project documentation) dwelling processed
the physical person authorised under other legislation ^ 5),
construction budget item (e)).
(4) After the preliminary assessment of the application, the applicant for a loan for the construction according to the
section 2 (a). (d) the challenge of point 2) the Fund shall be documented
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 the carrying structures,
(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) the competent authority vodoprávního) a statement to the effect that land on
the construction of dwellings to realize, is not in the water meadows
territory.
(5) to the request of the
even on a loan for acquisition of a dwelling under section 2 (b). (d) point 3 shall be accompanied by the applicant)
and) proof that the homes were lost in the context of a natural disaster,
b) affidavit stating that the dwelling had at the time of a natural disaster
of residence of the owner, or his spouse, registered partner, or a person
that is related in direct line,
c) Treaty on future purchase contract with regard to the acquisition of the purchase,
(d)) made by the Protocol on the auction and a confirmation of the acquisition of the property, if
as to the acquisition of the auction,
(e) the competent vodoprávního authority) a statement that the captured dwelling
It is not in the flood area.
(6) the application for a loan in accordance with paragraphs 2 to 4, the applicant shall be accompanied by
and) a statement that at the date of submission of the application for a loan does not have an outstanding balance to
the public budget, or to a health insurance company, with the exception of arrears,
which has been waiting for his payment enabled or the layout of its payment
the payments,
(b)) a statement that at the time of submission of the application and for a period of 3 years preceding
the application is not and was not in bankruptcy or liquidation or bankruptcy, has not been
and is not against him led to the decision against the applicant's performance is not initiated
or criminal proceedings and has not been convicted of an offence for which
the merits of the applicant's activities linked to the subject or for the
economic crime or a crime against property.
(7) If a 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
the credit cannot be closed.
(8) 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 and demonstrate
compliance with the conditions for granting the loan.
§ 6
The interest rate and loan amount
(1) in the case of a loan for repair under section 2 (b). (d)), section 1,
and the loan is provided) up to a maximum of 90% of the actual cost to repair,
within the corrections can be used to provide a loan for the implementation of
measures up to a maximum of 70% of actual costs,
(b)) interest rate is fixed for the period of repayment of the loan is fixed
at least equal to the base of the reference rate of the European Union, at least
However, in the amount of 1% p. a.,
(c)) the minimum loan amount is $ 30 000
(d)) the maximum loan amount is 300 EUR per apartment or common
the spaces of the House,
(e) the implementation of flood prevention measures) can draw the loan of up to 200 000
CZK per apartment; as regards the implementation of flood prevention measures on the
the common areas of the House, you can draw the loan of up to 500 000 CZK.
(2) in the case of a loan for construction under section 2 (b). (d)), section 2,
and the amount of the loan for the construction of) is a maximum of $ 2 500 000 dwellings,
a maximum of 80% of the actual construction costs, including the cost
the land,
(b)), the interest rate is variable, fixed for a period of 5 years, provided
at least equal to the base of the reference rate of the European Union, at least
However, in the amount of 2% p. a.
(3) in the case of a loan for the acquisition under section 2 (b). (d)), section 3,
and the amount of the loan for the acquisition) is a maximum of $ 1 500 000 dwellings,
a maximum of 80% of the sales price for lower prices or estimated,
(b)), the interest rate is variable, fixed for a period of 5 years, provided
at least equal to the base of the reference rate of the European Union, at least
However, in the amount of 2% p. a.
§ 7
The terms of loan drawdown
(1) if the conditions laid down in this regulation and to the Fund
the loan funds, the applicant shall submit a proposal for a Treaty on the
the loan.
(2) a loan for repair under section 2 (b). (d)) of point 1 may be granted
in one lump sum. Not later than 3 years from the conclusion of the credit agreement, the applicant
shall submit the documents proving the expedient spending credit. The unspent
the balance on the call immediately returns to the Fund.
(3) the loan must be commenced within 1 year after the conclusion of the Treaty on the
the loan, that loan drawdown under section 2 (b). d) points 1 and 2, it is possible to
up to 3 years from the conclusion of the credit agreement.
(4) a credit under section 2 (b). d) point 3 is possible within 1 year of
the conclusion of the credit agreement.
§ 8
Repayment of the loan
(1) the loan is repaid monthly installments of principal and interest and may be
whenever repaid prematurely.
(2) for repayment of the loan under this regulation cannot provide additional
credit to the same dwelling.
(3) for repayment of the loan must be serviceable dwelling, which was
loan used for housing.
(4) in the case of a loan for repair under section 2 (b). (d)), point 1, the Fund will allow
the postponement of the repayment of the principal for up to 6 months, with a maximum length of
the due date does not change. Interruption of repayment of the principal Fund will allow for serious
reasons at the request of the recipient of the loan summary for up to 2 years, with the expectation that
the maximum maturity length does not change. The maximum length of the loan repayment
It is 10 years since the conclusion of the credit agreement.
(5) in the case of a loan for the construction or acquisition pursuant to section 2 (a). d) points 2 and
3, the Fund will allow the deferral of repayment of principal until the time of 6 months from the date of
final approval of the construction of the ^ 4) or 6 months after registration in the land register
real estate in case of acquisition of a dwelling. Interruption of repayment of the principal Fund
will allow for serious reasons at the request of the recipient of the loan summary for up to 2
years, with a maximum maturity length does not change. The maximum length of
the maturity of the loan is 20 years from the conclusion of the credit agreement.
(6) for repayment of the loan is taken out insurance for the case of dwellings
a natural disaster is a pledge of indemnity in favour of the Fund, unless the
is stated otherwise.
(7) the Fund may require immediate repayment of the loan,
a) if the beneficiary of the loan provided incorrect information on
basis of which the contract has been concluded, or violated the conditions
referred to in paragraph 6 or § 7 para. 2 to 4, or
(b)) 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 invitation.
PART TWO
Changing government regulations on the use of funds of the National Fund for the development of
repair and modernization of housing flats
§ 9
Government Regulation No. 395/2001 Coll., on the use of the resources of the State Fund
the housing development on the repair and modernization of housing, as amended by regulation of the Government
No 397/2002 Coll., regulation of the Government No. 59/2004 Coll., regulation of the Government No.
145/2006 Coll., regulation of the Government No. 98/2007 Coll. and Decree-Law No.
322/2009 Coll., is amended as follows:
1. In paragraph 1, the words "and subsidies" are deleted.
2. In article 3, paragraph 4 shall be deleted.
3. In section 4, paragraph 4. 2, the second sentence shall be deleted.
4. § 4a to 4 d, including headings and footnotes # 1a to 1 g
shall be deleted.
§ 10
Transitional provisions
(1) the legal relationships arising pursuant to Decree-Law No 396/2001 Coll., on
the version in force before the date of entry into force of this regulation, as well as
the rights and obligations arising therefrom shall be governed by regulation of the Government No. 396/2001
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. 396/2001 Sb.
submitted before the date of entry into force of this Regulation shall apply to the conclusion of the
of the credit agreement and the conditions laid down for the grant of credit regulation
No 396/2001 Coll., in the version in force before the date of entry into force of
of this regulation.
PART THREE
Change of government regulation on the conditions for the use of financial resources
The State housing development fund in the form of a loan to cover part of the costs
associated with the modernization of the apartment some persons younger than 36 years
§ 11
Government Regulation No. 28/2006 Coll., on conditions for the use of financial
the resources of the State housing development fund in the form of a loan to cover part
the costs associated with the modernisation of the apartment some persons younger than 36 years old
as amended by Decree-Law No 146/2006 Coll., regulation of the Government No. 98/2007 Sb.
and Government Regulation No 323/2009 Coll., is amended as follows:
1. In paragraph 1, the words "and to persons whose apartment was damaged by floods on the
the territory, which has been declared a State of emergency or a State of emergency "
shall be deleted.
2. In article 3, paragraph 3. 1 at the end of subparagraph (b)) a comma is replaced by a dot and the word
"or", and the letter c) shall be deleted.
3. in § 5 para. 1 the part of the sentence after the semicolon including semicolon shall be deleted.
4. in § 5 para. 2 at the end of subparagraph (g)) the comma is replaced by a dot and the
letter h) shall be deleted.
§ 12
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.
PART FOUR
TRANSITIONAL PROVISIONS AND CANCELLATION
section 13 of the
Transitional provisions
(1) the legal relationships arising pursuant to Decree-Law No 396/2002 Coll., on
the use of the resources of the State housing development fund in the form of a loan on
cover part of the costs associated with the construction of the apartment by natural persons
affected by floods in 2002, in the version in force prior to the date of acquisition
the effectiveness of this regulation, as well as the rights and obligations arising from them,
shall be governed by regulation of the Government No. 428/2002 Coll., in the version in force before the date of
entry into force of this regulation.
(2) the legal relationships arising pursuant to Decree-Law No 104/2003 Coll.
the use of the resources of the State housing development fund in the form of subsidies to
cover part of the costs associated with the construction of apartments for individuals
affected by floods in 2002, in the version in force prior to the date of acquisition
the effectiveness of this regulation, as well as the rights and obligations arising from them,
shall be governed by regulation of the Government No. 104/2003 Coll., in the version in force before the date of
entry into force of this regulation.
§ 14
Regulation (EEC)
Shall be repealed:
1. Government Regulation No. 395/2002 Coll., on the use of funds of the State Fund
housing development in the form of a loan to cover part of the costs associated with
the construction of the apartment by natural persons affected by floods in 2002.
2. Government Regulation No. 444/2002 Coll., amending Decree-Law No.
396/2002 Coll., on the use of funds of the State housing development fund
in the form of a loan to cover part of the costs associated with the construction of the apartment
individuals affected by floods in 2002.
3. Government Regulation No. 324/2009 Coll., amending Decree-Law No.
396/2002 Coll., on the use of funds of the State housing development fund
in the form of a loan to cover part of the costs associated with the construction of the apartment
individuals affected by floods in 2002, as amended by regulation
No. 444/2002 Coll.
4. Government Regulation No. 104/2003 Coll. on the use of funds of the State Fund
housing development in the form of a subsidy to cover part of the costs associated with
the construction of apartments for individuals affected by floods in 2002.
5. Decree-Law No 269/2003 Coll., amending Decree-Law No.
104/2003 Coll. on the use of funds the State housing development fund
in the form of a subsidy to cover part of the costs associated with the construction of flats for
individuals affected by floods in 2002.
PART FIVE
The EFFECTIVENESS of the
§ 15
This Regulation shall enter into force on 1 January 2000. January 2015.
Prime Minister:
Mgr. Sobotka in r.
Minister for local development:
Ing. Šlechtová in r.
1) Act No. 240/2000 Coll., on crisis management and amending certain acts
(emergency law), as amended.
2) section 70 of Act No. 254/2001 Coll. on waters and on amendments to certain laws
(Water Act).
3) section 3 of Decree No. 268/2009 Coll., on technical requirements for the construction,
in the wording of later regulations.
4) § 119 of the construction law.
5) Act No 360/1992 Coll., on the exercise of the profession of Chartered architects and
the profession of Chartered Engineers and technicians active in construction,
in the wording of later regulations.
