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=83173&nr=319~2F2014~20Sb.&ft=txt

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.