Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=69327&nr=333~2F2009~20Sb.&ft=txt
REGULATION OF THE GOVERNMENT
of 17 December. August 2009
on the conditions of use of the funds of the National Fund for the development of
housing to cover part of the costs associated with the construction of social housing
in the form of grants to legal and natural persons
Change: 228/2010 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 Czech Republic, in cases of transfers of State assets to other persons and the Fund
the national property of the Czech Republic, as amended, in
amended by Act No 61/2005 Coll.:
The subject of the edit
This regulation lays down the conditions for the granting and use of financial
the funds of the State Housing Development Fund (hereinafter referred to as "the Fund") to cover the
part of the costs associated with the construction of social housing on the territory of the Czech
Republic in the form of grants to legal and natural persons. The creation of a
the conditions for the emergence of social housing is in accordance with the public interest
Of the Czech Republic.
Definition of terms
For the purposes of this regulation, means a
social apartment rental) apartment built with grants under this
(b)), the construction of
1. the new social apartment in the residential house ^ 1),
2. construction ^ 2), which will create a social apartment from the premises
for purposes other than housing,
3. extension or extension of the ^ 2), which will create a social apartment, or
4. construction of a flat unfit for habitation, which produces
c) adjustable flat apartment that meets the requirements for barrier-free
housing in accordance with other legislation governing technical requirements
on the barrier-free use of the buildings,
(d)) net income income observed in the same way and in the same
the range, such as the rise in income for the purposes of subsistence level by
other legislation ^ 3),
e) average monthly wages average monthly nominal wage to the physical
the person in the national economy recorded and published the Czech Statistical
(f)) total floor area of the flat surfaces of the social floor for all
the rooms of the apartment, including the rooms that make up the accessory apartment
(g)) of households household as defined by the civil code.
The recipient of the subsidy
The recipient of the subsidy may be a legal or natural person, which has its
registered office or residence in the territory of
and one of the Member States) to the European Union,
(b)) a State which is a Contracting Party to the agreement on the European economic
(c)) of the Swiss Confederation.
Conditions for the granting of the subsidy
A subsidy can be granted if the following conditions are met:
and) the parcel on which the construction will be carried out, it is in the possession of
the applicant and the binding on the property lien in favour of the third persons,
(b)), in which the building will be made under section 2 (b) construction. b) points 2
up to 4, is in the possession of the applicant and to the building of the lien in the binding
the benefit of a third person, with the exception of lien, which is ensured
credit granted to construction,
c) construction is allowed or approved by the other legal
code ^ 4),
(d) the applicant has to date) of the submission of the application for the subsidy payable in arrears
the relationship to the public budget, or to a health insurance company,
(e)), the contractor, who will carry out the construction of more than 12 social
apartments, has introduced the quality control system according to Czech standards,
f) floor area social apartment does not exceed 120 m2,
(g)) with respect to the construction of more than 10 social housing must be from every
other extant 10 apartments at least 1 apartment editable,
h) construction must be completed and able to use within 3 years from the conclusion of the
the contract for the provision of subsidies; This period may be by decision of the Committee
The Fund for reasons of particular interest of a reasonably extended,
(I) the applicant must not be to) the date of submission of the application for a grant in bankruptcy or in
j) in the case of the construction under section 2 (b). (b) point 1 shall) construction meet
the requirements on the energy performance of buildings apply to class B in accordance with
other legislation ^ 5).
The conditions for the conclusion of contracts for social housing
(1) the beneficiary shall conclude a lease agreement with the person's apartment to social,
that shows that the average monthly income in the period of 12 calendar
months before the conclusion of the lease does not exceed 0, occuring in the average
(2) If a person referred to in paragraph 1 will be taking social apartment next
the person or persons making up the household, proof that the person with whom it is to be
the lease contract is concluded, that the average monthly net income of the household in the
a period of 12 calendar months before the conclusion of the lease does not exceed
and the average monthly wage), if it is a household with 2 members
(b)), 1, 2 times the average monthly wage, if the household is 3
(c)), 1.5 times the average monthly wage in the case of a household with 4
(d)) 1, the average monthly wage, occuring if household with 5 and more
(3) If a tenancy agreement for social apartment closed in the period from 1.
July to 31. in December, the net monthly income of persons referred to in
paragraph 1, or a net monthly income of its households compared with
the average monthly wage for the immediately preceding calendar year;
If the lease is for social apartment closed in the period from 1. January
30. June, the monthly net income compared with the average monthly
the wages for the year before the calendar year.
Other conditions for the conclusion of contracts for social housing
(1) the beneficiary shall conclude a lease contract with a person who meets the
the conditions in section 5 only if such person at the date of conclusion of the
the lease does not have ownership of the apartment house, family house
or apartment, not a member of a housing cooperative with law letting cooperative
the apartment or is not using a law letting another social apartment; This condition shall
meet the other members of the household who are living in a social apartment.
(2) a maximum period of 15 years from the date on which construction has been completed and
able to use any of the social housing to serve a total of 10 years
housing of persons fulfilling the conditions referred to in section 5 and in accordance with paragraph 1.
(3) the beneficiary shall conclude a lease to the apartment for a maximum of social
period of 2 years. The lease to the apartment will be extended, provided
that the tenant meets the date of extension of the rental relationship conditions referred to
in section 5 and paragraph 1 and carry out properly their obligations arising from the content of the
the rental relationship, always, however, a maximum of 1 year. The condition is considered
be fulfilled, even if the tenant exceeds a multiple of the average
monthly wages in accordance with this regulation, but not more than 25% and only
Once within the repeated extension of the lease.
(4) the beneficiary making the conclusion of the lease contract to the social
the dwelling composition of funds to cover the costs for the construction or
other money transactions, with the exception of the funds compound to
ensure the rent and remuneration for the performance of assistance provided in connection with
the use of the apartment and to the payment of other obligations in connection with the lease, which
shall not exceed three times the monthly rent and the advance on the remuneration for the
the implementation is provided in connection with the use of social apartment.
(5) the beneficiary will not conclude a lease for social apartment, if it is
and the physical person, s) by a person close to ^ 9),
(b)) a legal person,
1. is the statutory body of the legal person, or a member of the,
2. a member of the supervisory or management body of the legal person,
3. with a partner or a member of the legal person, or
4. is the founder of this legal person.
(6) the beneficiary consents with the abandonment of social dwelling or
his part in subletting ^ 10).
(7) the monthly rent of the apartment, to which it has granted subsidies, must not be
greater than the product of the acquisition price reduced by the subsidy granted by the apartment and
the coefficient of 0.00333. This rent may be annually to 1.
July, however, after the first 12 months, increased by the rate of inflation
expressed by the addition of the average consumer price index for the 12
months of the last calendar year against the average of 12 months
the penultimate calendar year and published the Czech Statistical
by the authority.
(8) the conditions referred to in section 5 and in paragraphs 1 to 7 shall grant recipient
comply with a total of 10 years in the period for a maximum of 15 years from the date on which construction has been
completed and able to use, and this at a time when the social rented apartment
a person who satisfies the conditions referred to in this regulation.
section 7 of the
The conditions for the management of social housing
(1) the recipient of the subsidy does not convert in a time when social apartment serves the purpose
under this regulation, a right of ownership to such social apartment on
another person without the consent of the Committee of the Fund. If it satisfies the, on which the
property right transfers, the conditions in accordance with this regulation and
assume the rights and obligations related to the provision of the grant Fund Committee
by the transfer agreement.
(2) the recipient of the subsidy does not close in a time when social apartment serves the purpose
under this regulation, the contract for the construction of governing according to law
ownership of the flats, which would cover the House with social housing.
(3) the beneficiary is not entitled to after the time that a social apartment
serves the purpose in accordance with this regulation, the use of social change
the apartment for purposes other than housing.
(4) the recipient of the subsidy burden for a period, after which the social apartment is used
purpose under this regulation, a House with a lien in place
the benefit of a third person, with the exception of lien, which is ensured
Bank loan granted to the construction.
(5) in the case of the transition of ownership rights to social apartment at a time when
social apartment is used for the purpose pursuant to this regulation, it shall notify the person to
the right of ownership, this fact to the Fund.
(6) in the case of the provision of social apartment azylantovi ^ 11) will provide
subsidies to cover the net rent or its proportional part within the
The State integration programme, the Ministry of the Interior does not consider overlapping
The amount of the subsidy
(1) the total amount of the grant shall be calculated as the sum of subsidies to individual
(2) subsidies for individual social apartment shall be calculated as the product of acreage
floor area of the flat and the financial amount per 1 m 2 with the understanding that the financial
the amount shall be
and) 6 500 €/m2, in the case of the construction under section 2 (b). (b) point 1) or
(b)) 5 500 €/m2, in the case of the construction under section 2 (b). (b)), item 2, or
(3) subsidies to individual social apartment, calculated in accordance with paragraph 2,
at the same time must not exceed the amount of
and 500 000 CZK), in the case of the construction under section 2 (b). (b) point 1 or 3),
(b)) 420 000 CZK in the case of the construction under section 2 (b). (b)), 2, or 4.
(4) If a construction of a customizable apartment, increases the amount of the subsidy on a
This flat, calculated in accordance with paragraphs 2 and 3 of 50 000 Czk.
(5) in the event that the construction meets the requirements on the energy performance of
valid for class A buildings in accordance with other legislation ^ 4) increases
the total amount of subsidy for 100 000 CZK for every social apartment.
(6) in the event that the construction under section 2 (b). (b)), item 2, 3 or 4 meets
the requirements on the energy performance of buildings apply to class B in accordance with
other legislation ^ 4), increasing the total amount of the subsidy of 50 000 Czk
on each social apartment.
(7) the total amount of the grant shall not exceed 30% of the total investment
the cost of construction.
(8) the beneficiary may take advantage of the social construction of the apartment and the financial
resources from the State Environmental Fund, based on the
Directive of the Ministry of the environment in the framework of the program "Green
savings ". In the case of the provision of these resources, however, cannot be applied
shall be entitled to increase the subsidy referred to in paragraphs 5 and 6. If, in the framework of the programme
The "green for savings" granted subsidy for the use of renewable resources
energy for heating and hot water preparation,
the investment costs for the implementation of the measures related to the
the total investment costs, which are decisive for the calculation of the total
the amount of the subsidy provided for in paragraph 7.
The request for a grant
(1) an application for a grant shall be submitted in paper form and the Fund are
dealt with in the order in which they were delivered.
(2) the request for a grant contains the name, surname, place and date of the
the birth, if the applicant is a natural person, business name, or place
the business, if different from the residence, if the applicant is a physical business
the person and the business name or name and address of the applicant, legal
(3) the application for a grant, the applicant shall be accompanied by
and the final planning decision), if the proposed construction
required document on the issue of the regulatory plan, zoning approval, or
public service contract, which replaces territorial decision,
(b)), the final building permit or a public contract for the implementation of the
the building, which can be used to replace the building permit, certificate
authorized inspector, consent to the reported construction,
Declaration by the applicant that the statutory time limit by the Office has not issued building
decision on the prohibition of the execution reported the construction of, or statement
the applicant, that the construction works do not require building permits or notification,
(c) a declaration by the applicant) that at the date of submission of the application for the grant is not
the arrears payable to the public budget, or to a health insurance company,
(d)) 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 statics of constructions showing disqualification report
(e) a declaration by the applicant that) is not in bankruptcy or in liquidation and
(f)) financial project containing the budgetary cost of construction
social housing, information demonstrating the total financial envelope budget
costs, including the estimated number of subsidies, and area of individual flats,
the number of editable and the indication of the class of energy intensity,
(g)), the written opinion of the municipality in whose territory it is to be implemented, the construction
the necessity of the construction of social housing; If the applicant is a municipality,
the opinion is not required,
(h) on the implementation of the construction) contract concluded with the contractor of the construction, if the
the construction does not himself the applicant,
I) in the case that this is about the construction of more than 12 social housing,
proof that the contractor has established a quality management system according to
valid Czech standards,
j) summary technical report with an indication of the number of social housing and
plans for each floor, with the indication of all social housing,
the Bank's promise to provide) a bank loan, which is considered to be
also the promise of conditional by granting subsidies under this regulation, or
the contract of the Bank loan, if it is to be the source of the financial envelope also
the Bank loan, or a declaration that the applicant has enough of its own
funds to cover the construction,
l) in the case of an application for a grant under section 8 (2). 5 or 6 proof of
energy performance of buildings according to another legal regulation ^ 5) and
a statement that the construction of a social apartment did not use or
does not use the financial resources of the programme referred to in section 8 (2). 8.
(4) unless the application for the grant is complete, the applicant shall invite the Fund within 30 days
from the receipt of the application for the grant to it within the time limit laid down by the Fund.
If the applicant requested information within a specified period, the Fund attaches
The contract for the provision of subsidies
(1) if the conditions laid down in this regulation and to the Fund on the
grant funding, the applicant shall submit, not later than
60 days from the receipt of the complete application, the draft Treaty on the provision of subsidies.
The contract for the provision of subsidies must meet the requirements that are
established the EU regulation on State aid to services of General
economic interest ^ 13) or directly to the applicable law of the European Union
on the promotion of small scale ^ 14).
(2) If a request to Fund a grant shall be in writing and shall communicate, without undue
the delay to the applicant the reasons for rejection.
The effectiveness of the
This Regulation shall enter into force on the first day of the second calendar month
following the date of its publication, with the exception of the provisions of section 4 (a).
(j)), which shall take effect on 1 January 2005. January 2012.
The President of the Government:
Ing. Fischer, PhD. in r.
Minister for local development:
Ing. Vadivel in r.
Selected provisions of the novel
Article. (II) the regulation of the Government No. 228/2010 Sb.
The transitional provisions of the
The proceedings on the application for the grant of the subsidy, which began before the date of entry into
the effectiveness of this regulation and to this day, completes and hedge contingent exposures
the rights and obligations related thereto shall be assessed in accordance with the regulation of the Government
No 333/2009 Coll., as amended, effective the day of the entry into force of this
of the regulation. However, if the applicant for the grant that made the request before the date
the entry into force of this regulation, which has not yet been decided, will meet
the conditions laid down by regulation of the Government No. 333/2009 Coll., as amended by this
Regulation, within 2 months from the date of the acquisition of its efficiency, the management of
on the application and the rights and obligations related thereto shall be assessed in accordance with
Government Regulation No. 333/2009 Coll., as amended, effective from the date of acquisition
the effectiveness of this regulation.
1) section 2 of the Decree No 501/2006 Coll., on the General requirements for the use of
2) § 2 (2). 5 of law no 183/2006 Coll. on territorial planning and building
Code (the building Act).
3) Law No 110/2006 Coll., on environmental and existential minimum, as amended by
4) Law No. 183/2006 Coll., as amended.
5) Decree No. 148/2007 Coll., on the energy performance of buildings, in the text of the
9) section 116 of the civil code.
10) section 719 of the civil code.
11) Act No. 325/1999 Coll., on asylum and on the amendment of Act No. 283/1991 Coll., on the
The police of the Czech Republic, as amended, (asylum Act),
in the wording of later regulations.
13) Commission decision of 28 June 1999. November 2005 on the application of article. paragraph 86.
2 of the EC Treaty to state aid in the form of compensation
public services granted to certain undertakings entrusted with the
services of general economic interest (notified under document number c(1998) (2005) 2673)
14) Commission Regulation (EC) No 1998/2006 of 15 March 2006. December 2006 on the
the application of articles 87 and 88 of the Treaty to de minimis aid.
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