616/2004 Sb.



GOVERNMENT REGULATION



from day 1. December 2004



about how to use the resources of the State housing development fund in the form of a loan on

cover part of the costs associated with the construction or acquisition of an apartment

some persons younger than 36 years



Change: 360/2006 Sb.



Change: 427/2006 Sb.



Change: 98/2007 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, (hereinafter the

"the Act") to implement section 3 (2). 1 (b). and) of the Act:



§ 1



This Regulation determines the range and loan terms from resources

The State Housing Development Fund (hereinafter referred to as "the Fund") certain persons

younger than 36 years to defray part of the costs associated with the construction or

the acquisition of the dwelling.



§ 2



For the purposes of this Regulation shall mean:



and the construction of the apartment)



1. construction of the apartment under the law governing ownership ^ 1)



2. construction of the apartment in a family house ^ 2), or



3. change of the construction, which creates a flat of spaces that have been approved

for purposes other than habitation,



(b) the acquisition of the apartment)



1. the purchase of an apartment under the law governing ownership ^ 1)



2. buy a House with one byte,



3. payment for the transfer of membership rights and obligations in a housing co-operative,

If the recipient of the loan by the tenant of the flat, or



4. remuneration of capital into the housing cooperative, if the recipient

credit tenant of the flat,



(c)) the applicant is a natural person applying for a loan,



(d) the applicant to whom) the recipient of loan



(e)) the purchaser is a natural person, which passed or was transferred

ownership of the dwelling vystavěnému under (a)) or by

referred to in subparagraph (b)) points 1 and 2 originally belonging to the beneficiary or to which

She walked or was transferred membership rights and obligations in the housing

the cooperative the original recipient referred to in subparagraph (b)) point 3 or 4.



§ 3



(1) the loan may be granted to an applicant who lives in marriage, in which

at least one of the spouses is nedovrší in the year of application 36 years of age, or

does not live in marriage, nedovrší in the year of application 36 years, permanently

cared for at least one minor child and the loan was not given to the other

the parents of that child.



(2) Credit may be given for apartment construction obtained pursuant to section 2 (a). and)

If this construction was started on the basis of the building permit

issued after 1. January 2000, or after the fulfilment of the other conditions for the implementation

the construction required by zoning laws. January 2007, or obtained

the acquisition pursuant to section 2 (a). (b)), if it is in the territory of the Czech Republic and for

repayment of the loan is not used for purposes other than the permanent residence of the recipient

or the acquirer.



(3) a loan may not be granted



and if the applicant is), his spouse, the owner of the apartment, apartment

House, family house or the tenant of the flat,



(b) the recipient or transferee) repeatedly,



(c)) for the construction or purchase of a flat to which the loan was already provided.



(4) flat obtained construction under section 2 (b). and the acquisition or pursuant to section) 2

(a). (b)) points 1 and 2 shall be for a period of repayment of the loan in an exclusive

the ownership of the recipient or acquirer. If the loan has been granted to one

spouse must be, if the marriage lasts, this apartment for the duration of the repayment

the loan in the common property of the spouses or the exclusive property of

the spouses, which was granted.



(5) was obtained according to the section 2 (a). (b)) point 3 or 4 must be for a period of

repayment of the loan in the exclusive use of the recipient or acquirer. If it has been

loan granted to one spouse, must be, if the marriage lasts, this

apartment for repayment of the loan in the common use of the spouses.



§ 4



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

the order in which they were delivered to the Pool.



(2) an application for a loan always includes a name, or first name, last name, address

the place of residence, date of birth of the applicant, the date of birth of the minor

the child, if the applicant does not live in marriage, the amount of the requested loan, purpose

the use of credit and documents proving the level of income of the applicant. his

husband or wife. The Fund may request additional as needed

the documents that are used to assess loan purpose and ability of the applicant

to repay the loan.



(3) the loan is provided in the Czech currency based on the credit agreement concluded

between the applicant and the Fund.



§ 5



(1) the loan may be granted to a maximum of 300 000.



(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 start drawing the credit within 2 years from the date of acquisition

the effectiveness of the loan agreement.



(4) loan can be drawn within 3 years from the date of entry into force of the loan agreement.

The total amount of credit shall be reduced by an amount that is not exhausted to the

the expiration of 3 years from the effective date of the credit agreement.



§ 6



(1) the loan is payable within 20 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. At the request of the recipient of the loan can be the beginning of the repayment of the principal

the loan postponed for a maximum period of 10 years from the date of the repayment

started.



(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. Extra payments, which would

did not lead to the total repayment of the credit, however, cannot take place in a period when

allow deferment of instalments of the loan referred to in paragraph 1.



(4) the Fund at the request of the recipient or acquirer shall be reduced for each live

born or adopted child, if the birth or adoption occurs in

time after the granting of a loan to the end of his loan, unpaid balance

principal the amount of CZK 30,000, up to the amount of the outstanding principal to

date of the application, if the loan is granted for construction under section 2 (b).

or (b)). (b)) of point 1 or 2. The amount corresponding to the reduction

the unpaid balance of principal in the first sentence shall be deemed to grant

According to § 3 (2). 1 (b). (c)) of the Act. For each child the reduction may be applied

the balance of the principal amount of the loan only once.



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



and) if the recipient or the purchaser is in default with the payment of at least 2

monthly installments of the loan on the agreed amount and does not pay these outstanding

payments within 30 days of receipt of the written invitation to the Fund to pay,

If he was not allowed to abort the repayment of a loan referred to in paragraph 1,



(b) fails to comply with if the receiver) or the transferee of the conditions referred to in § 3 (1). 3

(a). and), in section 3, paragraph 1. 4 and 5, or in § 5 para. 3.



(6) in the case of withdrawal from the credit agreement concluded under this

Regulation of the Fund requests the immediate payment of the amount owed and not pay

the undrawn part of the loan. In the case of violation of the terms of the credit agreement is hereby

follow special legal regulation ^ 4).



§ 7



(1) if the transfer of ownership of a flat obtained pursuant to § 2

(a). a) or under section 2 (b). (b)) points 1 and 2, to which the loan was

granted, the other 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 set out in § 3 (1). 1. If the licensee does not meet the conditions

set out in § 3 (1). 1, the recipient will repay the loan before the transfer

ownership of the apartment. In the event that the owner of the apartment will become

a husband or wife to whom the loan was granted, the conditions of the

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



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

cooperative apartment obtained pursuant to section 2 (a). (b)) point 3 or 4, that

loan at the time the loan is not repaid, the purchaser may

assume the obligation of repaying the loan only if he satisfies the conditions

set out in § 3 (1). 1. If the licensee does not meet the conditions laid down in §

3 (2). 1, the recipient will repay the loan before the transfer of membership rights and

duties. In the case that the purchaser becomes a husband or wife,

to whom the loan was provided, compliance with the conditions laid down in section 3, paragraph 3. 1

is not required.



(3) if there is a transition of ownership of the apartment obtained pursuant to § 2

(a). a) or under section 2 (b). (b)) points 1 and 2, to which the loan was

granted, at the time the loan is not repaid, the transferee takes the commitment and

repayment of the loan, the fulfilment of the conditions laid down in § 3 (1). 1, the

does not require.



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

cooperative apartment obtained pursuant to section 2 (a). (b)) point 3 or 4, that

loan at the time the loan is not repaid, and the transferee takes over

commitment to repaying the loan, the fulfilment of the conditions laid down in § 3 (1). 1, the

does not require.



§ 8




When checking compliance with the conditions of use of the financial resources of the Fund shall

follow special legal regulation ^ 5).



§ 9



(1) the loan may not be granted to the applicant, which have been provided to financial

resources by Government Decree No. 97/2002 Coll., on the use of funds

The State housing development fund in the form of a loan to cover part of the costs

associated with the construction of the apartment under 36 years of age.



(2) for the duration of the marriage cannot be loan to provide even a spouse or

the wife of a person who has become the recipient of funding under

Government Regulation No. 97/2002 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 under 36 years of age.



(3) a loan may not be granted on the flat, which has been provided to the financial

resources by Government Decree No. 97/2002 Coll., on the use of funds

The State housing development fund in the form of a loan to cover part of the costs

associated with the construction of the apartment under 36 years of age.



§ 10



This Regulation shall enter into force on the date of its publication.



Prime Minister:



JUDr. Gross v. r.



Minister for local development:



Ing. Paroubek in r.



1) 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)

amended by Act No. 273/1994 Coll., Constitutional Court declared under no.

280/1996 Coll., Act No. 97/1999 Coll., Act No. 101/2000 Coll., Act No.

231/2001 Coll., Act No. 451/2001 Coll., Act No. 320/2002 Coll. and act

No 437/2003 Coll.



2) § 3 (b). (c)) Decree No. 137/1998 Coll., on general technical

requirements for the construction.



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

workers within the community.



4) Act No. 218/2000 Coll. on budgetary rules and amendments

related acts (budgetary rules), as amended by Act No. 493/2000

Coll., Act No. 143/2001 Coll., Act No. 185/2001 Coll., Act No. 320/2001

Coll., Act No. 450/2001 Coll., Act No. 202/2002 Coll., Act No. 320/2002

Coll., Act No. 483/2003 Coll., Act No. 186/2004 Coll., Act No. 257/2004

Coll. and Act No. 435/2004 Coll.



5) § 44 of Act No. 218/2000 SB., as amended by Act No. 185/2001 Coll., Act

No. 320/2001 Coll. and Act No. 483/2003 Coll., Act No. 320/2001 Coll., on the

financial control in the public administration and on amendments to certain acts (the Act on

financial control), as amended by Act No. 320/2002 Coll., Act No. 123/2003

Coll., Act No. 421/2004 Coll. and Act No. 426/2003 Coll.