On The Use Of Funds Of The State Housing Development Fund

Original Language Title: o použití finančních prostředků Státního fondu rozvoje bydlení

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=69327&nr=333~2F2009~20Sb.&ft=txt

333/2009 Sb.



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.:



§ 1



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.



§ 2



Definition of terms



For the purposes of this regulation, means a



social apartment rental) apartment built with grants under this

Regulation,



(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

social apartment,



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

the Office,



(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.



§ 3



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

space, or



(c)) of the Swiss Confederation.



§ 4



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

disposal,



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).



§ 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

monthly wages.



(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

Members,



(c)), 1.5 times the average monthly wage in the case of a household with 4

Members,



(d)) 1, the average monthly wage, occuring if household with 5 and more

members.



(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.



§ 6



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

subsidies.



§ 8



The amount of the subsidy



(1) the total amount of the grant shall be calculated as the sum of subsidies to individual

social apartments.



(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

3,



(b)) 5 500 €/m2, in the case of the construction under section 2 (b). (b)), item 2, or

4.



(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.



§ 9



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

the person.



(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

apartment housing,



(e) a declaration by the applicant that) is not in bankruptcy or in liquidation and

decline no



(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

control stops.



§ 10



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.



§ 11



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.



Annex



cancelled



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

territory.



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

amended.



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

amended.



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)

(2005/842/EC).



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.