163/1946 Sb.
GOVERNMENT REGULATION
on 2 December. September 1947
on the allocation of confiscated family houses (for allocation regulation
family houses).
Change: 89/1948 Coll.
Change: 32/1949 Coll.
Change: 116/1949 Coll.
Change: 65/1951 Coll.
The Government of the Czechoslovak Republic ordered according to § 6, paragraph 1(a). 2 Decree
the President of the Republic from 25 October. October 1945, no. 108 of confiscation
enemy assets and funds the national recovery, and according to the law of
February 14, 1947, No 31, Coll., on certain principles in the allocation of
enemy assets, according to the Decree of President konfiskovaného
Republic of 25 June. October 1945, no. 108 on the confiscation of the enemy
the assets and funds of the national recovery:
PART I
SUBSTANTIVE PROVISIONS.
Section 1
The subject of the allocation.
§ 1
Substantive scope.
This Regulation shall apply to the
1. family houses confiscated pursuant to Decree No. 108/1945 Coll. (hereinafter the
"Decree of confiscation"), čítajíc in family houses and set up on the basis of the
the rights of construction, or family houses offered by přídělci and from them taken
(art. 22, para. 3),
2. residential rental homes and homesites, confiscated by the
konfiskačního decree or offered by přídělci and taken from them (section 22,
paragraph. 3), if the allocated according to § 8, paragraph. 3 of the Act. No 31/1947 Coll. (hereinafter the
the "law") as a replacement.
The concept of the family house.
§ 2
(1) the family cottage in accordance with this Regulation ("House") is a house in
which is one or two small apartments with bathrooms and exceptionally other
small apartment, this apartment was set up using the sloping site, and
which annual remuneration (compensation) for the use of the apartment or apartments ("rent")
does not exceed the
and in the border territory) (§ 53) with the exception of the spa and climatic locations
[(b))] in the House, with one apartment, the amount of 6,000 Czech crowns and two flats
the amount of 8,000 Czech Crowns,
(b)) in the rest of the territory and in the spa and climatic areas of the frontier
the territory, which will announce the settlement and Fund national reconstruction Office in Journal
osidlovacího Office and national reconstruction Fund ("the Gazette"), with
one place the amount of 8,000 Czech crowns and two flats for the amount of 12,000 Czech Crowns.
(2) Small apartment referred to in paragraph 1 is an apartment, in which the floor area
the living room does not exceed 80 m2. For living rooms is considered
the room, the bedroom, the living (bright) Chamber (cabinets), residential (bright)
the kitchen, then the establishment and offices used at the apartment.
Habitability kitchen things must, according to their size, adjustments and
How to use. Kitchen area 12 m2 of floor area,
If the kitchen stove, are considered non-residential. If he is
separate kitchen as flat, always thought me to be in a residential area. For
non-residential room is call the next room of the apartment, such as
the hallway, bathroom, kitchen, porch, pantry, closets and under. For
non-residential is also call room for a servant, if not their
floor area greater than 12 m2, and are accessible only from the kitchen.
The room, which is used to a profession or as a
the rooms of the official, are considered to be the living room of the apartment, with which they are
associated. A small business which is not part of the dwelling is not considered
residential room.
(3) the House may also obsahovati a small establishment. A small establishment is
the room (the room), that is from other establishments and small apartment
structurally separated, and which uses the entrepreneur, living in the same House in
small apartment, to operate its business as a workshop, shop, warehouse, etc.
A small place and a small apartment of the same reading may not be apart
structurally separated. If the trader does not live in the same House, not his little
place of business in the House have more floor space than the 36 m2.
(4) the applicable pursuant to the provisions of paragraph 1 is for the cottage
and in the border territory) the annual rent of the duly designated by the competent
Decree osidlovacího of the Office in Prague,
(b)) in the other territory of the annual rent, calculated in the manner prescribed by the same
the decree for the calculation of the rent in the spa and climatic locations
border territory (Slovakia under the relevant Ordinance osidlovacího
the Office in Bratislava, Slovakia), but would rent determined in accordance with the assessment base
the tax on the tax year 1947 tenement was higher. Temporary discount for rent
houses in the border territory, granted under the relevant regulations
osidlovacího Office and Fund national reconstruction in Prague, will be taken into account.
The calculation of the rent for the apartments, which are not governed by the same principles.
(5) The annual rent mentioned in paragraph 1 shall be included only
rent from both or one apartment, regardless if he is part of the apartment
also to the operation of the trade, profession or as a room
the official, however, does the rent of the apartment established by using
sloping building sites, or from other individual rooms, from
the small establishment, which is not part of the apartment, from the garage or from the garden.
(6) a family cottage is a cottage, in which none of the apartment is not habitable after the
the whole year.
§ 3
(1) the authority may, on the proposal for a Settlement of the local National Committee naložiti
in accordance with this regulation and with the House, which does not fully
the provisions of § 2, if not quite to the living rooms in the attic and
the basement more than two apartments with private bathrooms. In particular it may be for the
Family House recognised House with small flats, for which the annual rent of the apartment
or bytes exceeds the amount referred to in § 2, para. 1, and the House with apartments,
which rooms the floor area exceeds 80 m2.
(2) for the family house can be recognized and such a House, that is nedostavěn
or destroyed by or damaged, it can be there, however, to the State qualifying
the provisions of paragraph 1 or to the provisions of section 2.
§ 4
The scope of the confiscated assets.
(1) House and its accessories is the building plot, which is
built, and with a garden bordering a building plot, registered in
the same cartridge, a small essence of the material according to § 6, paragraph 1(a). 2
konfiskačního Decree. Accessory House means not only objects
with the cabin or its parts are firmly connected (such as a lighting device,
stoves, home phone, electric bells, vezděné bath tubs in the bathrooms,
Central heating, lift), but also all movable objects, which is used
to use the entire House, but it would have been in the possession of persons whose
assets subject to confiscation.
(2) the House set up on the basis of the right of the building is a small property
the essence of the confiscated right including the building.
(3) to the confiscated property podstatám (paragraphs 1 and 2) belong to:
And Assets:
and) rights in rem, hold on real estate,
(b)), the claims which have a relationship to the property, in particular the claims
arising from the use of the House or its parts.
B. Liabilities:
and) easements, secured on real estate property
(b) financial liabilities) belonging to the property.
(4) to the confiscated property podstatám (paragraph 1) and (2) do not belong to
equipment of the apartment that you cannot call at the House accessories
(paragraph 1), but could in exceptional cases on such a device
the apartment, which form a whole, and in particular with the cottage or contemporary economic,
so would his Department equipment or lost on the price of the House.
The essence of Přídělová.
§ 5
(1) the Settlement Office, decides on the allocation, lays down that the components
the estate will be assigned (přídělová nature) tenderers and
that will be excluded from the estate and taken over by the National Fund
renewal (the "Fund"); the Fund Manager or přídělci national stores, what
the measure has to do on the excluded parts of the estate.
(2) a rule shall be assigned a House with its accessories including the rights and
liabilities due to it. The Office may, however, the plays, the settlement
an exception, if the things that obviously are not required to use the cottage or
his part.
(3) of the estate include payment obligations incurred prior to the 10.
May 1945, which according to § 2, para. 1 the law took to the settlement
the Fund. Settlement authority may from the estate vyloučiti
in particular:
and easements) (rights in rem) stranded on the property,
(b)), for which no servility to another duration,
(c)) claims arising before 10. May 1945
(d) the financial obligations arising after) 9. in May 1945, exceed the acceptance
the price or if the claim arose pursuant to § 2, para. 5 konfiskačního
the Decree, and if the Fund in cases worthy of special attention
takes to the settlement as the obligations which have arisen through the fault of přídělcovou.
(4) the allocation basically belongs also the essence of the other property or its
part of that will be with her in accordance with § 1 of law merged into one ration place
the essence of.
§ 6
(1) the same candidates can be přiděliti only one house or his ideal
part; spouses can be fundamentally přiděliti only one House.
(2) the provisions of paragraph 1 shall not apply to legal persons.
section 7 of the
Merging and splitting of property elements.
(1) Settlement Authority and national reconstruction, the Fund may, for reasons of economic
the effectiveness of the slučovati and rozdělovati property and other assets
or their components, according to the Decree, confiscated or konfiskačního
residential houses (homesites) offered by přídělci and taken from them (section
22. 3).
(2) the land bordering on the building plot, on which is built
House, and registered in the same library as the cottage, you can insert, in particular
If peace in the place (in the big cities in the neighbourhood of) the usual,
rozděliti; a separate part of the plot may be merged with the neighbouring
konfiskovanou properties in one property.
(3) Confiscated land or lands, burdened by the law building, can be
sloučiti with the confiscated material in construction law, one essence.
(4) for the konfiskovaného House merges with confiscated the undertaking
the trade, in which it operated, in one material substance is valid
the provisions of the regulation for the allocation of business enterprises.
Section 2
Evaluation of the allocation.
§ 8
Acceptance price.
(1) Acceptance price cottage is its basic price, reduced or increased
pursuant to section 18. The base price of the House's appraised value, calculated
in accordance with the provisions of sections 9 to 16, with a possible surcharge under section 17.
(2) the assessed value of the House will be fixed on the date designated by the settlement
Office and published in the Gazette (fixing date).
(3) Seznání (description and valuation of the House) made to the reference date referred to in
the provisions of this section, the applicant who has already used the cottage (section 22, paragraph 2(b).
2), shall review the Fund after the representation of the local National Committee (art. 48, para.
1), after the case on the basis of a good idea.
(4) the costs of proceedings and proceedings incurred by the levies and charges to be borne by
přídělce.
§ 9
The price of the House.
(1) the price of the House, in the border territories shall be determined so that the annual rent of the
apartments and other rooms around the House with accessories from the garage-
In addition to the rent of garden-multiplied by the number in the following
the table is valid for that class of equipment, which were flats in determining
the rent according to the determination of the table annexed to this Regulation as
Annex 1 and forming part of, classified, and for the area to which the
the municipality belongs to (the local part of the village), in which the circuit is the House. This number is
shall be as follows:
+----------------------+-----------------------------------------+
| | Class equipment |
| Oblast +------+------+------+------+------+------+
| | And | (B) | (C) | (D) | (E) | (F) |
+----------------------+------+------+------+------+------+------+
| And the spa towns and | | | | | | |
| of the 50 000 | 27 | 25 | 20 | 17 | 14 | 12 |
| residents...... | | | | | | |
+----------------------+------+------+------+------+------+------+
| (II) of over 20 000 | | | | | | |
| to 50 000 | | | | | | |
| residents....... | 25 | 22 | 19 | 16 | 13 | 11 |
+----------------------+------+------+------+------+------+------+
| (III) the village of over 6000 | | | | | | |
| 20 000 inhabitants | 13.4 | 19 | 10.3 | 14 | 7.1 | 9.5 |
+----------------------+------+------+------+------+------+------+
| (IV) the village over 2000 | | | | | | |
| 6000 inhabitants. | 19 | 17 | 14 | 12 | 10 | 5.3 |
+----------------------+------+------+------+------+------+------+
| In the municipality with 2000 and | | | | | | |
| fewer inhabitants. ... | 14 | 7.8 | 11 | 9 | 4.7 | 6 |
+----------------------+------+------+------+------+------+------+
| (VI) the village (local parts | | | | | | |
| the municipality), | | | | | | |
| osidlovacím Office | 9.5 | 5.3 | 7 | 6 | 5 | 4 |
| (paragraph 5)..... | | | | | | |
+----------------------+------+------+------+------+------+------+
(2) the price of the House in the other territory shall be determined in the manner referred to in paragraph 1,
with the change, the annual rent is multiplied by a number, which is in the below
This table is as follows:
+----------------------+-----------------------------------------+
| | Class equipment |
| Oblast +------+------+------+------+------+------+
| | And | (B) | (C) | (D) | (E) | (F) |
+---+------------------+------+------+------+------+------+------+
| United Prague) |, | | | | | | |
| | Large Brno | 32 | 17.1 | 24 | 21 | 10.9 | 9.6 |
| | United Bratislava | | | | | | |
| I+------------------+------+------+------+------+------+------+
| | b) in Pilsen, Hradec | | | | | | |
| | Králové, Olomouc | 29 | 25 | 22 | 19 | 16 | 14 |
| | Ostrava, Košice | | | | | | |
+---+------------------+------+------+------+------+------+------+
| (II) the other cities with | | | | | | |
| more than 20 000 | 27 | 23 | 20 | 17 | 14 | 12 |
| residents....... | | | | | | |
+----------------------+------+------+------+------+------+------+
| (III) the village of over 6000 | | | | | | |
| 20 000 inhabitants. | 15.8 | 23 | 20 | 17 | 14 | 12 |
+----------------------+------+------+------+------+------+------+
| (IV) the municipality with 2000 | | | | | | |
| 6000 inhabitants. ... | 14.6 | 21 | 11.5 | 9.6 | 7.8 | 6.5 |
+----------------------+------+------+------+------+------+------+
| In the municipality with 2000 and | | | | | | |
| fewer inhabitants. ... | 20 | 18 | 15 | 7.8 | 6.5 | 9 |
+----------------------+------+------+------+------+------+------+
| (VI) the village (local parts | | | | | | |
| the municipality), | 14 | 7.8 | 11 | 9 | 4.7 | 6 |
| osidlovacím Office | | | | | | |
| (paragraph 5)..... | | | | | | |
+----------------------+------+------+------+------+------+------+
(3) For the classification of municipalities according to the number of population in the area is fundamentally
a decisive number of the population according to the last official findings,
communicated to the National Office of statistics (on Slovakia Public planning
and the Statistical Office). If it finds, however, that since the settlement Office
such findings, the last official count of the population in the municipality to
date of publication of the first framework plan (art. 42, para. 2) rose above the limit
or fell below the threshold for the inclusion of the village decide to to the area by the number of
the population of the municipality, to the appropriate area, according to a new State.
(4) in order to offset inequalities between neighbouring municipalities (parts of the commune),
resulting from the inclusion of the municipalities in the area according to the number of population, may
settlement authority assesses the village as part of a larger economic unit
1. at the request of local or National Committee after its hearing zařaditi
a municipality (village) in the area, which is in the paragraphs 1 and 2
the Roman numeral, one or two higher, but not in, and
in particular, it
and if they are) of the municipality (part of) the vast majority of homes low housing
level, to BC. Therefore, that are missing or are inadequate public facilities,
or
(b)) is in the village of (part of) the vast majority of home due to special
local conditions devalued, or
(c)) where the inhabitants of the municipality (part of the village) for the lack of communication
connection only with difficulty like cultural and social facilities, and
the economic benefits of the closest cultural and economic centre;
2. the zařaditi after hearing the local National Committee municipality (village) in the
the area, which is in the paragraphs 1 and 2, the Roman numeral one
or two lower, and in particular
and in) is a municipality (village) in the vast majority of houses high residential
level, or
(b)) in the case of a municipality (part of the village), in which the houses are not connected to the
public facilities, but this connection is feasible with a small load,
or
(c)) where the inhabitants of the municipality (part of the village) for a particularly good communication
connection devices like cultural and social and economic benefits
the nearest cultural and economic centre.
(5) the Office shall be included in the Settlement area VI (paragraphs 1 and 2) and published in the
Journal on their request, the municipality (the local part of the village), which
osidlovacímu the Office shall certify that they are given by at least two of these
characters:
and the elevation of the center of the village) (the local part of the village), over 700 m,
(b) the distance to the center of the village) (the local part of the village) from the main communication more
than 10 km,
(c)) position in the judicial district, with a smaller population density per square
kilometre than 30 persons,
(d)) position in the judicial district without industry or without good agricultural land.
(6) the Multiples referred to in paragraphs 1 and 2 shall apply, provided that the House
It is in good condition, and uživatelném construction and equipment House
complies with all the essential characteristics of the relevant class of the equipment.
(7) for the calculation of the annual rent of the entire House (paragraphs 1 and 2)
the provisions of § 2, para. 4.
§ 10
The price of land.
(1) the price of the House, calculated under section 9, includes in itself outside the building
the load and the load on the building plot (including justice), to which the House
built, but not cargo to other land parcels that make up the
Garden.
(2) if the size of the building plots to light, it is considered
building plot of land area of the cottage is actually built, plus 200 m2.
(3) If a part of the estate House land
(gardens), or if a plot of land adjacent to the House is larger than is indicated in the
paragraph 2, raises the price of the land parcel price House (garden) or
about the price of that part of the adjacent land, which exceeds the rate specified by the
of paragraph 2.
(4) the cost of the land (paragraph 3)
and in the border territory) calculated according to the prices set for residential
the section in which the land is included in AIDS intended for writing
the official land prices, or established price referred to in the Protocol must entail a
determine the single residential section in the municipality,
(b) in the other territory) finds the amount equal to the general price.
(5) If a land plot or garden are beautifully grown if construction
(patios, gazebos, greenhouses, swimming pools, etc.), finds their price
amount equal to general price.
§ 11
The price of the equipment of the apartment.
The price of the equipment of the dwelling (section 4, para. 4) is established under the relevant Ordinances
osidlovacího Office and Fund national reconstruction.
§ 12
The valuation of rights and claims, liens and
cash commitments.
(1) real rights and easements, belonging to the allocation,
According to a government regulation, will appreciate from 23 July. in June 1933, no. 100 Sb.
which issued the provisions on enforcement in the management of the real estate estimation
(estimated).
(2) Financial assets and liabilities shall be valued in nominal value.
Receivables in foreign foreign currency to appreciate, according to official rates, applicable in
the decisive date (article 8, para. 2), unless special regulations provide otherwise.
section 13
(1) the price increases and reductions on the price of the House due to its structural condition. U
the House, of which the construction or building plot has properties that reduce the
or increase the value of the House, but do not affect the determination of rent, are
přípustny rainfall increases as a percentage of the price or the cottage, calculated in accordance with
§ 9. The top and bottom borders of these reductions and increases are listed
in annex 2 to this regulation, forming a part of the. The reduction shall be determined
According to the nature of the case and the settlement provides for the Office of national reconstruction Fund, which
require, if necessary, a good idea. Rainfall amount intended
According to annex 2 shall not přesahovati, if it is not about undermining and
the slumping, 50% of the price of the House (section 9).
(2) to the estimated value of the houses listed in section 3 can be plays, the premium to
above 30%.
§ 14
Increases and reductions in the price of the House for reasons of repair and adaptation.
(1) for the houses, which were at the time after 9. May 1945 carried out repairs
or adaptation, increases the price House, calculated under section 9, the amount
equal to the value of the goods, according to the State by the day of the application of the
allocation, calculated according to the unit prices existing on the date of 20.
in June 1939, if the repairs were not carried out and the adaptation of the cargo
uchazečovým.
(2) on the request of the applicant for the House, which has made the House of their
resource load required or useful, it may be the price of the House, the calculated
pursuant to section 9, shall be reduced by an amount equal to the value of the cargo by the
According to the State on the day of application for the allocation, calculated in accordance with
unit prices on the day of 20. in June 1939, but not by the amount of
exceeding the price of the House (section 9).
§ 15
Determine the prices of the houses of the shell, in ruins, or damaged.
The price of the nedostavěného House (section 3, paragraph 2) shall be calculated by the amount that is
the price of the dostavěného cottage as the assessed value of the cottage nedostavěného
the estimated value of the dostavěného House. In the same way to determine price
pobořeného or damaged house.
section 16 of the
The award of the construction law and land subject to this law.
The price of the rights of construction and the price of land has the right construction shall be calculated
as follows:
1. calculate the total cost of the property (land and building on it
set up) under the provisions of sections 9 to 11, as though the land law
the building was not encumbered;
2. the price of the rights of the construction, including the construction of the set up on the basis of law
the building, so many setinami the aggregate price of the property, calculated
in accordance with the provisions of no. 1, what is the number of years remaining from the applicable
(section 8, paragraph 2) until the demise of the law building. Fractions of a year, if
six months, for the whole year, otherwise to them;
3. the price of the land, subject to the law of construction, is the amount that is left,
shall be deducted from the total price of the property, calculated in accordance with the provisions of the No.
1, the price of building and construction law, calculated in accordance with the provisions of no. 2.
§ 17
The base price of the House.
(1) for houses allocated to persons who are employees in the
private or public work (staff) or
recipients of the odpočivných (zaopatřovacích) salaries or pensioners according to the
the rules on the public social insurance or pursuant to the law of
July 18, 1946, no. 164, Coll., on taking care of military and war poškozence and
victims of war and the fascist persecution, is the base price of the House
the assessed value (section 8, paragraph 1), provided that such persons
do not exercise the profession that justifies a premium referred to in paragraph 2, or
3.
(2) for houses allocated to persons exercising a liberal profession
or are the small producers, is the base price of the House appraised
value, increased by a surcharge of 50%. Small-scale producers, which
operates a business in the village, classified under the provisions of section 9, para. 1 or 2
in the area in or pursuant to the provisions of section 9, para. 5 in area VI, and
working in the trades yourself or not more than one apprentice, the settlement
the authority and the National Reconstruction Fund on the proposal of the local National Committee in
the cases worthy of special attention, in particular, of the reasons for settlement
policy, a premium partly or fully prominouti.
(3) the houses awarded to other persons is the base price of the House
the assessed value, increased by a surcharge in the amount of 100%.
(4) for the small producer (paragraph 2) is considered to be a sole trader, which
is subject to the business tax pursuant to the law of 20 July 2004. in March 1948, no. 50
Coll., on business tax, if the craft business, on which the
This law applies. Under the same conditions is considered small
manufacturer in accordance with the provisions of paragraph 2 and the National Business Manager.
(5) if the přídělce more professions, is to determine the amount of the surcharge
governing profession which justifies the higher premium.
(6) the provisions of paragraphs 2 and 3 shall apply to přídělce, whose family
National (art. 22, para. 4), living with him in a common household, include
to the persons there referred to. If a family member přídělcův other
the profession than the přídělce, it is for the determination of the amount of the premium applicable it profession
přídělcovo or a member of his family, which justifies the higher
Premium.
(7) Settlement Authority and national reconstruction Fund can prevent
excessive hardness plays, the premium (paragraph 2 and 3) lower or
from her at all.
(8) where the přídělce, which was appraised value shall be increased by
premium due he was national administrator of the trade of the enterprise to
6 months from the delivery of the decision on allocation that was as national administrator
without their guilt has been revoked and that the staff referred to in paragraph 1, the
settlement and Fund national reconstruction Office to request additional premium
snížiti.
section 18
The calculation of sampling rates.
(1) Acceptance price is calculated from the base price of the House so that the
the basic price shall be adjusted as follows:
1. The appropriations allocated to the persons referred to houses
and) in sections 1 and 6 of the Act of 19 December 2003. in December 1946, no. 255 of
members of the Czechoslovak army abroad and about some of the other
participating in the national struggle for liberation,
(b)) § 84, para. 1 of the Act. No 164/1946 Sb.
(c)) in section 1, para. 1 of the law of 12 June 2001. April 1946, no. 75 on the granting of
Economic and legal relief countrymen returning to their homeland, in particular
from Hungary,
the basic price shall be reduced according to the extent of their social neediness by 10% to
25%, unless the persons referred to under 6.
2. for houses allocated to the persons referred to in sections 1 and 6 of the Act. No 255/1946
Coll., the base price may be reduced by up to 50%, if their
economic conditions extremely difficult, especially if the price would be the sampling
unbearable for them.
3. in the case of the houses awarded to persons worthy of special attention may be
the base price is reduced by up to 5% for the third and every next child that is not
14 years and older, which truly care.
4. in the case of the houses awarded to persons who receive the odpočivné
(provident) salaries, after the case of old-age or survivor's pension from the
public insurance, and moved to the border or moving
the territory into an area under-populated, the basic price shall be reduced by 50%.
5. for houses allocated to persons who give up for case allocation
their apartment house (section 37), and that will be the battle dragons House
in particular, the recovery of their own or their family members or to
renting out to third parties, may be on a proposal from the local National Committee
with regard to the employment of přídělcově and uhraditi options
acceptance or part of the price of the bonds, as well as the demand for
House or after similar houses in the village, the basic price shall be increased by up to 200
%.
6. for houses allocated to persons whose assets and family circumstances
justify the determination of the amount of the delivery price higher than the basic price
the House, in particular the persons subject to the levy of property or persons, for which the
exceeds taxable income subject to the tax, subjected to wage, tax base
business, if their total for the calendar year in which
preceding the year in which the decision on the allocation of the cottage, 120,000
Crowns can be a basic price shall be increased up to 25%.
(2) if they are not given the reasons for the decrease or increase in the base price by
the provisions of paragraph 1, the price of the House is his acceptance base price (§
17).
(3) the reduction of the basic price of the cottage under the provisions of paragraph 1 No. 1 to 3
authorize settlement authority and national reconstruction Fund in the decision on the allocation of
on a reasoned request, uchazečovu applied for filing a
allocation (section 45). The overall reduction referred to in paragraph 1, no 1 to 4 shall not
přesahovati 50% of the basic price.
§ 19
Method of payment acceptance rates.
(1) before taking the House must pay at least 10% of the přídělce
acceptance of the prices and costs in cash (art. 8, para. 4). For reasons of
Special attention, in particular, in the case of the persons referred to in sections 1 and 6 of the Act. No.
255/1964 Coll. or section 84, paragraph. 1 of the Act. No 164/1964 Coll., the Fund may on
reasoned request přídělcovu, applied in the application of the allocation,
povoliti payment of that part of the price as indicated in the acceptance
paragraph 2 or 3.
(2) the rest of the acceptance of the price, pay it in cash, may přídělce
uhraditi transfer of the bonds, their wives (mate) and
minor children, living with him in a common household, and it's up to the
the amounts of simple benefits from growth on the property (art. 37, para. 2, of the Act
of 15 July. in May 1946, no. 134 on a batch of securities gain and
a batch of assets); legal persons can this part of sampling rates
uhraditi of its bonds to the amount of 50.000 Czech Crowns. To these
the amounts will be included deposits used to cover different
konfiskovaného property. For other confiscated property, in particular,
retail trade business, shall be considered as if it was a family house
merged in one material substance pursuant to § 7 para. 2 and article 12, paragraph 2(a). 1,
(a). (e) the allocation regulation for business).
(3) on the part of the acceptance of the price remaining after payment by
preceding paragraphs, Fund přídělci, if need be,
the loan for the financial institution authorized to do so. This credit can be
provided by the financial institution of the amount of their converts uvěřenou
bonds of the Special Fund for the account-bound Postal Savings Bank.
The interest rate and other terms and conditions of this loan provided in tied
the canopy provides the Ministry of finance in agreement with the National Bank
Czechoslovak and the Fund.
(4) the persons referred to in § 1, para. 1 of the Act. No 75/1946 Coll. to the Fund may
payment acceptance prices povoliti a reasonable period until the transfer
their assets heritage left abroad.
(5) Loan Fund for financial institution intermediate will be amortised within the time limit,
You shall negotiate with the přídělce money. Annual annuity to be
as a rule, so that should not outweigh the duly assessed annual rental
from around the House (art. 9, para. 7), and will increase if the basic price according to § 18,
the annual rent increased in the same proportion as the basic price, not more than
However, about 200%, but would přídělce agreed with the higher annuity. In anuitě
set out in the conclusion of the lease must, however, be included at least
1% of her redemption. The Fund has granted consent to the claims of the
loan secured lien on land
the book on the property in favour of the money allocated to the Institute.
(6) Settlement Office and Fund national reconstruction may take care to cover
acceptance of the price property that offered by the current user of the cottage
§ 36.
section 20
Change sampling rates.
They come after the surrender of the assigned House (the replacement of the allocation under the
section 5) indicated circumstances that would otherwise have had a decisive influence on
the amount of the fixed sampling rates, the Fund may, in these circumstances,
taken into account the fault přídělcovou, within ten years from the submission (section 52)
allocated to the House (alternate allocation) acceptance price the newly upraviti.
Section 3
Candidates.
section 21
The basic premise.
Every candidate for allocation must be within the time limit přihlásiti way
referred to in section 45 and prokázati meet the prescribed conditions.
section 22
General terms and conditions.
(1) every candidate must prokázati that the
1. is the Czechoslovak nationality or that is considered for him
pursuant to section 1 or section 2 of the constitutional law of 12 June 2001. April 1946, no. 74 of
the granting of citizenship to Syrians returning home
2. is Czech, Slovak or other Slavic nationalities, if section 24,
paragraph. 2 provide otherwise,
3. is the national and reliable,
4. is legally blameless,
5. is not free, if section 25, (a). (c)) provides otherwise, the
6. his family living with him in a common household,
they are not German or Hungarian nationality and are subject to judicial integrity and
State approved; the exception, as regards nationality family
Members can povoliti District National Committee,
7. does not have his own apartment elsewhere, or that he would give up for case allocation
the cottage (section 37), if section 25, (a). (c)) provides otherwise.
(2) a Candidate who has already used the cottage, the přiložiti to the application of the allocation
seznání (description and valuation of the House) and the prokázati, that's when the use of the House
leads with thrift, in particular that he has fulfilled the obligations payable
an example of paid rent for the entire period of use or part of the House, and
If at the same time the national administrator of this House that he handed the Bill for the
the period of the national administration.
(3) the candidate, who has a private dwelling house (building plot), is
If required, section 25, (a). (c)) provides otherwise, nabídnouti it
osidlovacímu Office and national reconstruction Fund for the case, he will be House
granted, if it under section 36, paragraph. 3 it does not convert into ownership of its
zletilého the child.
(4) members of the family referred to in paragraph 1, no 6 shall be considered as wife
and husband, children or legitimate, natural and adoptive parents and
grandparents and mate or friends. For children under 18 years of age it is assumed that they are
they met the conditions of paragraph 1 No. 1 to 3 as well as for the applicant.
Judicial integrity should be prokázati, however, for children over the age of 14 years.
section 23
Special conditions for the allocation of houses in former users of the border
territory.
(1) the current user in the border territory must in addition to the General
the conditions referred to in section 22, prokázati,
1. at the latest from 1 January 1995. April 1947 together with your family
residence in the House, whose allocation requests
2. at the place where House, or around a permanent regular employment.
(2) the Applicants for which the conditions referred to in paragraph 1, the
the cottage, which still is used, allocated, if not assigned legal
person (section 26), or-if no allocation to joint ownership (section 27)-
spoluuživateli House (section 28) or priority bidder (§ 29).
(3) the Actual user, which will be assigned to the House because of the
referred to in section 29, will be provided with a replacement allocation under section 5.
section 24
Special conditions for the allocation of houses preferred candidates.
(1) the Priority candidates are persons referred to in sections 1 and 6 of the Act. No.
255/1946 Coll. and section 84, paragraph. 1 of the Act. No 164/1946 Sb.
(2) the provisions of section 22. 1, no. 2, on nationality does not apply to applicants
referred to in sections 1 and 6 of the Act. No 255/1946 Coll. Candidates referred to in section 84, paragraph.
1 of the Act. No 164/1946 Coll. must prokázati that are not nationality German
or Hungarian.
(3) the preferred candidates must in addition to the general terms and conditions (section 22) and next to the
your rights (§ 46), if it is a house in the border territory,
on prokázati, they have in the village, where is the House or around the permanent sound
employment.
(4) in respect of the applicants, for which the conditions referred to in
paragraph 3, shall be assigned a House
and in the border territory,) If you will not be assigned a legal person (section 26)
or-if no allocation to joint ownership (section 27)-emigrate
the user (section 29) or other priority candidates (section 30)
(b)) in the other territory in front of all the other candidates.
(5) in respect of the applicants, which will not be in the frontier territory House
assigned to that referred to in section 29, will be provided with a replacement allocation
in accordance with section 5.
§ 25
The other candidates.
If there is no eligible applicants under section 23 or section 24, may be the houses
allocated to the
and candidates who have) in the place where the House or around the Permanent
regular employment, prove that they are satisfied the General conditions
referred to in section 22,
(b)) if it is not even the candidates in accordance with subparagraph (a). and), to applicants who already House
permanently used, primarily used by him with the approval of osidlovacího
the Office, provide proof that they are satisfied the General conditions set out in
§ 22,
(c)), and if there is even such applicants for House candidates who demonstrate,
they are met at least the conditions specified in section 22, paragraph 2(b). 1, no. 1
up to 4 and 6.
section 26
The allocation of the legal person.
(1) can be Exceptionally House přiděliti legal person, and that's before all the
the candidates, if a legal person, the House already uses the latest from the
on 1 May 2004. April 1947 and that the House needs serious reasons (art. 10, para.
2 of the Act).
(2) For good reason can be uznati in particular, the fact that the legal person
It is used around the House, or the majority of its parts such as operating or
Office rooms, which for the performance of their tasks in a place
needs, and that's only if the appropriate rooms
get elsewhere in the site.
Section 4
Competition candidates.
section 27 of the
Allocation to the co-ownership.
(1) if the relevant conditions are met, the House přiděliti on request
candidates applied in the common application, to joint ownership,
and several candidates) the cottage already taking, or in joint ownership
These applicants and their family members living with them in the
common household,
(b)) and his family, living with him in a common
household, unless these family members of nationals of German or
the Hungarian.
(2) the provisions of paragraph 1 shall apply in the border area and also on the cases in
that goes for the common application of the allocation of the House in joint ownership
current users and priority candidates.
section 28
The competition existing users in the border territory.
(1) if the requested allocation in the border territory of more of its existing
users, and unless the case § 27, paragraph 1(b). 1, point (a). and it is in)
allocation přihlížeti chiefly from them, which is a priority
by the tenderer; If there is no preferred candidate among them shall
another user created, and particularly to the persons referred to in § 1,
paragraph. 1 of the Act. No 75/1946 Coll., and then to the other persons referred to in section 7,
paragraph. 3 konfiskačního of the Decree.
(2) existing users shall be treated as if they are a subtenant for him
compliance with the conditions referred to in section 23, paragraph. 1.
section 29
The competition existing user with the preferred tenderer in border
territory.
(1) if requested on the allocation of House in the border territory, next to the existing
also, the user's preferred candidate, that is not the current user
This House, and unless the case § 27, paragraph 1(b). 2, House
the preferred bidder is to his job with the point of view of economic
the construction of the State and in the interest of the settlement policy is more important than a job
existing user, otherwise the actual user.
(2) the degree of importance of the employment uchazečova is the things referred to in
meaning, what is the scope for the economic construction of the State in which the
the candidate is employed, and how great it is with the perspective of settlement policies in
the border territory of interest to the establishment candidates in the municipality in which the House.
An important scope for economic construction of the State is not only according
companies a two-year economic plan, the refueling tasks, but also all the
Economic and public administration, as well as all health care. Interest in
settlement policy is the things in particular with regard to local conditions,
Noting, in particular, how far a person uchazečova will contribute to the
the successful settlement of border territory.
section 30
Support a competitive policy.
Between the candidates as authorized by the settlement Office shall decide, free
considerations, taking into account, in particular, to the extent the importance of employment
uchazečova with regard to the economic construction of the State and in the interest of settlement
policy (section 29), as well as to other economic and social or family
uchazečovým conditions, especially for applicants with family on a larger number of
dependants.
Section 5 of the
Spare allocation.
section 31
Be entitled to a replacement allocation.
(1) in respect of the applicants or the user who created the House
submitted the application of the same House, in the border territories, allocates the settlement
Office of spare allocation of them, which was not one of the grounds mentioned in section
29, para. 1 assigned House. Where application of the allocation of the same House in
border territory more of its current users or more
priority applicants, allocates the settlement Office spare allocation of
them, which would be assigned to the House, had not been assigned uspokojenému
candidates (přídělci). Unmet priority applicants, asked if the
the application also on allocation of undetermined cottage (§ 45, para. 1),
shall, under the conditions laid down in section 29 shall be entitled to a replacement allocation.
(2) If this regulation does not imply, the provisions on the allocation of
use mutatis mutandis for spare allocation.
§ 32
The subject of the replacement of the allocation.
(1) the subject of a replacement allocation may be:
1. different family house, than about the candidate asked. For spare allocation
primarily intended at those houses in the village, whose allocation has been made
the application, then the houses, in which current users moved in
It was only after 1. April 1947, not about their allocation for filing the application
priority applicants;
2. other residential real property. For such things is to call
rental house with more than two residential flats in which the floor area
all the rooms seem at least three-quarters of the apartments and their
Accessories, and in which the rent of the other rooms than bytes
does not exceed one-quarter of the rent of the whole House. From rental home
the accommodation is for spare allocation should, if possible, such a House,
approaching his arrangement of family houses;
3. the ideal part of the living konfiskovaného of immovable property, if the
House rental housing more than four flats. The share of each co-owner
It is, if it is not in the decision on the allocation of established, nothing else is the same;
4. the share of limited companies, which will be a residential immovable
the property is assigned. Apartment house living with more than four bytes can be
assigned to a company with limited liability, established under the law of 6 April.
in March 1906, no 56 l. from., companies with limited liability, and
formed from the participating přídělců, if the social contract
vyhovovati model, drawn up by the Office and the Fund of the national osidlovacím
recovery in agreement with the competent ministries;
5. building land suitable for building a family house. Building plot
is a call for suitable for building a family house, where the nature of the
building plot in accordance with building regulations, eligible for development activities in the family
cottage, complying with the provisions of section 2.
(2) Replacement of allocations referred to in paragraph 1, 3 and 4 can offer only,
If you agree with them, for which candidates are proposed, and if it is not in the village
or her around enough free houses (paragraph 1, no. 1).
(3) the ideal part of the living of immovable property (paragraph 1, no. 3) and the share of
company with limited liability (paragraph 1, no. 4) is a small property
the essence of.
section 33
The framework plan for replacement.
Spare allocations, which have not yet been broad plans intended for allocation,
provides settlement authority according to § 6, paragraph 1(a). 1 konfiskačního of the decree for
allocation framework plan, which shall announce in the Journal.
§ 34
The refusal of the replacement of the allocation.
(1) do not take the preferred tenderer or the current user without
serious grounds for spare allocation within 15 days after service of the decision,
shall cease under-8, para. 4 of the law shall be entitled to a replacement allocation and
the preferred tenderer and shall be entitled to the allocation of another house in the border territory.
(2) the tenderer is obliged to oznámiti the time limit referred to in paragraph 1, the reasons for
No endorsement of the replacement of the allocation osidlovacímu in writing to the Office.
(3) the Statement referred to in paragraph 1 shall issue in respect of the applicants, the Ministry of
national defence in agreement with the osidlovacím authority, created the user
After the hearing, the Office of the local settlement of the National Committee.
(4) the major reason for no endorsement of a replacement allocation is particularly
the fact that a replacement is not a reasonable allocation of the family, social or
working conditions uchazečovým, or that the expense associated with the replacement
allocation is impossible for the applicant due to its pensions.
Section 6
The restriction provisions.
section 35
Exclusion from the allocation.
From the allocation of House candidates are excluded,
1. who in the use and management of the House were taking care of the proper
householder, zanedbávajíce in particular, the maintenance and repair of the cottage, thus
caused substantial damage to or deterioration of the House;
2. they have not fulfilled the condition set out in section 22, paragraph 2(b). 3;
3. which entitled to return a house or other dwelling house
According to the law of 16 June. in May 1946, no. 128 on invalidity
some of the property-legal acts from the time of oppression and of the claims of the
this invalidity and other interventions in asset vzcházejících,
He says that with him in case the allocation of House dispose according
the provisions of section 36.
section 36
Offer your own real estate.
(1) the Applicant for the allocation of the cottage is obliged, if section 25, (a). (c)) provides for
otherwise, in the application of the allocation nabídnouti osidlovacímu Office and Fund
national recovery for the case, he will be assigned to the House, my house
(building plot) or debit a binding declaration that, pursuant to paragraph 3
Converts a residential house or building plot of land in the ownership of his zletilého
of the child.
(2) if the applicant Has a residential house and a building plot of land, the nabídnouti housing
the House; If more residential houses or building plots, must nabídnouti
one of the homes. If the applicant has more homes than adult
children, the nabídnouti House, where possible, the provision of section 2, and
If such rental house with more than two residential flats.
(3) if the applicant declares about the House in the application that his dwelling house or
building plot of land transferred to the ownership of his zletilého of the child cannot be
to push the ownership right for přídělce to the assigned House until
not to deposit of title to a house or a home building
plot of land for the adult child uchazečovo.
(4) the provisions of the preceding paragraphs shall also apply to the ideal
the share of the property, which has přídělce in the co-ownership.
(5) Settlement Authority and national reconstruction Fund may exceptionally from the social
the reasons for the applicant's zprostiti obligations laid down in paragraph 1, if the
at least three children or if one House (building plot) less than
minor children, or if the only shareholder of the House (building
the parcel).
§ 37
The surrender of their own apartment.
(1) the tenderer, which calls for the allocation of the cottage, the if section 25, (a). (c))
otherwise, the application zavázati to give up its other apartments
for the case that he will be assigned to the House, which will be able to bydleti the date of
surrender House.
(2) Private apartment means flat, after the case of flats, which has a candidate in
foreign or private house, without distinction,
1. what legal grounds uses the next apartment,
2. whether all the apartments permanently used or whether any of them ever used
or used it only occasionally,
3. whether any apartment gave wholly or partly to the subletting or otherwise to
the use,
4. If any of these apartments used by his family members, who
due to his employment or occupation or other serious
reason not bydleti separately.
(3) the provisions of paragraph 2 shall also apply to the flats in houses, which has
aspirant in co-ownership.
(4) the obligation referred to in paragraph 1, the candidate even if, taken alone, or if
with your family in the House, whose allocation requests, and the other apartment, which is
from the first structurally separated or merged if both apartments in a single apartment.
(5) Přídělce meets the commitment taken in accordance with paragraph 1, cleaned out the second
other apartment,
1. If the apartment in his own house or in the House, which is a shareholder of,
within three months, including from the day following submission of the cottage,
2. If the rented apartment, until the end of the next closest to the notice
period, following the surrender of the cottage.
(6) the obligation to hlásiti double flats under section 9 of the Act of 28 June. April
1948, no. 138 Coll. on the management of apartments, the provisions of this
the section intact.
section 38
cancelled
section 39
The withdrawal of the cottage.
After the period provided for in § 38, para. 1 may be withdrawn přídělci House
the Fund, if the přídělce
and without the prescribed consent of the estate) Fund, loaded with all the steals or
rents,
(b) fails to comply with the substantive conditions), saved him in the decision on the allocation (section 51,
paragraph. 4),
(c) the expiry of the Czechoslovak citizenship),
(d)) did not offer to take over the Fund's own real estate (section 36),
(e)) did not give up the second and further their own apartment (§ 37)
(f) the allocation of the House by pretending to be) false facts or
knowingly using the wrong document or other obmyslným activities.
section 40
Replacement for the odňatý House.
(1) withdrawal of allocated House to determine the compensation based on the
acceptance rates (section 8), after the case of reduced or increased under section 18. From
This amount shall be deducted neumořený loan (§ 19, para. 5), and any
the other, přídělcem the date of taking over the House fund outstanding cash
commitments, for every month since the date of use of the House
(art. 8, para. 2) to the date of taking over the House Fund one twenty-fourth
annual rent (art. 9, para. 1 or 2) and the corresponding amount of damage
cottage; plus the necessary or useful investment amount equal to the
their value on the date of taking over the House Fund. Of the amount thus calculated
the Fund's target, if there is a withdrawal of the House for failure to fulfil obligations
přídělcem, resulting from the loss, t. s. the difference between the original price of the delivery,
plus the recognized investment or reduced by reason of the damage to the House, and
receiving price from allocation.
(2) the resulting amount resulting from paragraph 1 shall be reimbursed by the Fund, přídělci
If it is in favour of přídělcův, after the case of the přídělce Fund, where it is in
the benefit of the Fund.
(3) Fund cash returns converted value provided by the credit institution and the
the cash amounts remitted to the Fund, the Institute paid přídělcem.
§ 41
Disposice with a relaxed detention houses.
Houses a relaxed detention will be treated to a new framework plan, which
draw up the settlement Office (article 6, paragraph 1, of the Decree konfiskačního).
PART II
ALLOCATION MANAGEMENT.
section 42
Conceptual plans.
(1) Houses (sections 2 and 3), designed the framework plans (section 6, paragraph 1
konfiskačního Decree) to the allocation, the allocation shall be shortened
pursuant to §§ 3 and 4 of the Act and in accordance with the provisions of this regulation.
(2) the framework plans draw up settlement Office shall determine in them, how many houses
in the village will be allocated, and publish them in the Gazette. Conceptual plans may
be issued for individual regions or the municipalities, and for each species
applicants.
(3) Within the framework of plans can be conceived only the estate, about
the confiscation was referred to in § 1, para. 4 konfiskačního of the Decree
pravoplatně decided or that will be taken from the přídělců (§ 22,
paragraph. 3) and will be designed to the allocation or will be otherwise loaded.
(4) the local National Committee examined, which houses comply with the provisions of sections 2
and 3, and notify their street numbers and numbers of library inserts, in which
are entered, along with all other information needed for the initiation of the
allocation management, osidlovacímu Office (the authority empowered to do so by him).
Settlement Office (authorised by the authority) will review the list of houses, presented by
the local National Committee, and returns the list of approved the framework plan
the local National Committee that is published in the village in the place
the usual. Day of publication shall notify the local Office of the National Committee of the osidlovacímu
(the institution authorized by him/her).
§ 43
cancelled
§ 44
Jurisdiction.
Decides on the allocation of houses on a proposal from the Office of the local settlement of the national
the Committee, in whose district is a House that has to be assigned (§ 50).
The application of the allocation.
section 45
(1) the application for an allocation may be made on one or more houses in the same
the village, which the candidate exactly marks, after the case of the House in an unspecified
a specific village or neighborhood. Existing users may, however, administer the application
on the allocation of the cottage, which they use.
(2) the application of allocation shall be lodged with the competent local
Committee on forms prescribed by the Office with the documents in the osidlovacím them
referred to.
(3) the time limit for the submission of applications for an allocation shall be two months and is propadná;
begins on the day following the publication of the framework in the village plan (section 42,
paragraph. 4.) local National Committee shall, in justified cases,
in particular for priority applicants, a reasonable time limit for the submission of
the missing documents; This additional period may not be longer than two months.
section 46
(1) all documents may be attached to the copies of a judicial or
certified by the notary.
(2) the provisional certificate issued pursuant to section 7, para. 2 of the Act of 15 December 1999.
in May 1946, no. 136 of Coll., the placement and the other participants of the pension
the national struggle for liberation, and certificates issued according to § 1 of the law of
on 14 June 2004. in February 1946, no. 34 Coll., which defines the concept of the "Czechoslovak
guerrilla ", if it was issued by the Ministry of national defense, pay for
a certificate under section 8 of the Act. No 255/1946 Sb.
section 47
The application of the legal person of the allocation is doložiti legally or by the notary
a certified copy of the Treaty of its formation or other evidence of its
the legal duration of the Court decision and the certificate of registration,
the case of a company or cooperative register, or that
It was for the registration applied for.
section 48
The National Committee for the control of the local.
(1) the local National Committee shall examine, first, whether the applicants are satisfied
the conditions laid down. Shall also determine the rent, and if it finds
a substantial defect, is determined for all apartments and other rooms in the House,
expressed to the seznání (description and awards allocation)-(section 8, the
paragraph. 3) and the emergence of the reasons and neknihovních of the library of the period after the
9. May 1945. If the applicant is not obliged to předložiti seznání, the
the local National Committee itself provisionally award allocation.
(2) On the basis of the applications submitted shall report to the local National Committee after
decision osidlovacímu of the authority of the investigation justified the proposal on the allocation,
the case for spare allocation; about its proposal to spare allocation shall hear the
applicants, whose replacement ration (§ 31).
(3) the proposal for the allocation of (spare allocation) must accurately indicate obsahovati
rationing (alternate allocation) and the person přídělcovy. In
justification of the proposal indicate the local National Committee the circumstances applicable to the
allocation; in particular, justify the recommendation of přídělce and expressed on the assessed
value (specifically stating all the facts, to justify the deduction from the price
House or price increases and reduction or increase in the assessed value),
the method of repayment of the acceptance of any prizes, merge or split
property elements. As regards the proposal on the allocation of the House under section 29,
expressed the local National Committee also considers the reasons for
job applicants, for whom the proposed allocation of the cottage, with regard
the economic construction of the State and in the interest of the settlement policy for the more important
than it is-or is it a current user, at least as important
as is the work for which the applicant proposes to spare allocation
in accordance with the provisions of section 5. The local National Committee draws up a proposal for the
form, which shall be issued by the Office of the national settlement and Fund recovery.
(4) the application more applicants for the same House to be projednati at the same time;
the local National Committee will process the application in such cases, all of the
the allocation of the cottage in the same design.
(5) the local National Committee lays out a proposal on the allocation to public inspection
After a period of 15 days. Notice posted on the official notice board, the
contain the names of the candidates, the numbers and the numbers of library inserts
allocated to houses and the lesson that within this period may administer to the proposal for
the local National Committee comments every Czechoslovak State citizen
or a person who is considered to be for him, according to §§ 1 or 2 of the mouth. Cust. No.
74/1946 Coll., 18 years or older.
(6) Local National Committee to take into account the comments,
all the circumstances applicable to the assessment of a case, and submit writings with
the proposal, the comments and observations of the osidlovacímu Office, after the case
According to his order by a superior of the District of the national
the Committee, which shall review the writings after the formal page.
(7) the local National Committee is obliged to předložiti the proposal for allocation within the time limit
two months, which is calculated from the day following the expiry of the
the submission of applications (article 45, paragraph 3). Settlement of this deadline, the Office may
due to the number of cases, the complexity of the relationships, or other serious
the reasons at the request of the local National Committee reasonably prodloužiti.
section 49
The transition of jurisdiction on higher office.
(1) in the absence of local National Committee a proposal on the allocation within the time limit laid down in the
§ 48, para. 7, notifies the settlement Office, extended this deadline,
the District National Committee, that the expiry of the period for the submission of the proposal to the local
the National Committee. The District National Committee is obliged to in the next period of three
months, which is calculated from the day after delivery of the notice,
administer proposal for allocation.
(2) in the absence of the District National Committee a draft within the time limit laid down in paragraph
1, the Office shall decide without a settlement proposal.
section 50
Proceedings in the Office of osidlovacího.
(1) Settlement Office shall examine the proposals of the local, after the case
the District National Committee, make up, if necessary, the management of its own
the investigation and decide on the basis of the results of the procedure for the allocation.
(2) the authority may, with the Settlement according to the underlying Council resolution (section 3, paragraph 3
konfiskačního Decree), after expressing the regional National Committee, on the
Slovakia competent pověřenectva, taking into account the comments,
odchýliti from local design, after the case of the District National Committee,
are not met the prerequisites laid down in the law, in the framework
the plan or this regulation, or if for compelling reasons
settlement policy [article 4, paragraph 1, point (b) (e)) of the Act].
(3) the decision on the allocation issue přídělci settlement authority.
(4) the decision of the osidlovacího Office is final.
section 51
The content of the decision.
(1) the decision on the allocation shall indicate:
and, after přídělcova) a person if the person přídělců (name and surname,
employment and residence),
(b)) of what consists the essence of přídělová, after the case of a share of it;
the property is assigned a number and indicate the name of the library inserts
cadastral territory, and unless the allocation of all the property in the insertion
registered number parcelním, also. If it is associated with the share subdivision, or
change (fix) the boundaries of the parcel, is připojiti needed zeměměřický
basis,
(c)), what other rights are associated with food,
(d)) the commitments to be incorporated, přídělce
(e)), the day when it will be surrendered to the allocated House,
f) above and the way it prices the acceptance of payment,
g) přídělce any restrictions or other conditions imposed on him.
(2) the decision, stating that přídělce is not responsible for the obligations
belonging to the assigned House, if by this decision
is assumed by.
(3) the decision on the allocation of settlement authority shall also, if there is
merge or split the property elements (section 7).
(4) the decision on the allocation of the substantive conditions provided at the allocation,
for whose failure can be the House přídělci withdrawn (section 39), and further, that
with the adoption of the decision přídělce the provisions of section 40.
(5) if the přídělci to the implementation of the library's fine
applied within the time limit laid down to him alone, it explicitly in the decision
the allocation. The absence of the přídělce library proposal within the prescribed period,
settlement authority to produce such a library order on his account by the notary or
lawyer.
section 52
Surrender.
Surrender of rationing the essence of přídělci or authorized Fund performs
the authority on the basis of the decision on the allocation of registration, which shall obsahovati
precise indication of the allocation, the name of the authority which submission
carried out, and the day and place of submission. The minutes shall be signed by the authority which submission
done, přídělce and the local representative of the National Committee.
PART III
GENERAL AND FINAL PROVISIONS.
section 53
The concept of border territory.
Border territory in this regulation means she part of the circuit
the scope of the osidlovacího Office in Prague, which was occupied in 1938
a foreign power.
§ 54
Obligations of administrators.
The national administrators of houses, intended for the allocation, are required to
and render the local National Committee) of the Charter and other documents
relating to the House, which they have on hand and which are required or
useful for allocation management, in particular the library listing, acreage to determine
rent a copy of the tax return for the tax year 1947 apartment, registration
the front sheet and j.
(b) the local National Committee oznámiti)-if they are not included in the
the library listing-all claims on payment obligations arising from the
10. May 1945, financial commitments incurred after 9. in May 1945, and
payments on commitments before 10. May 1945 and doložiti relevant
the documents.
section 55
The use of other provisions.
In the procedure carried out under this regulation is similarly postupovati
in accordance with the provisions of the decree and the Decree-Law konfiskačního of 13 November.
January 1928, no. 8 on the proceedings in matters belonging to the scope of the
political offices (administrative proceedings), in the countries of the Czech and Moravian-Silesian
also according to the regulation of the Minister of the Interior from 13 June 2005. July 1944, no. 150
Coll. on the municipal administrative proceedings.
section 56
Coordination with the competent authorities in Slovakia.
Where this regulation speaks about the synergy of the Office (osidlovacího Fund
national recovery) with relevant ministries, means in Slovakia
coordination with the competent pověřenectvy, which is governed by the directives of the
the competent Ministry.
§ 57
Efficiency.
This Regulation shall enter into force on the date of the notice; carry out all
members of the Government.
Gottwald in the r.
Dr. Zenkl, in r.
Dr. Sramek v. r.
Ursíny, in r.
Fierlinger in r.
Wide v. r.
arm. Gen. freedom in r.
Dr. Ripka in r.
Nosek in r.
Dr. Dolansky in r.
Dr. Stransky in r.
Dr. Crumb in the r.
Kopecký v. r.
Laušman in r.
Ďuriš in r.
On thy lip in r.
Dr. Pietor in r.
Ing. Kopecký v. r.
Hála in r.
Dr. Karthik N in r.
Dr. walk in r.
Majer in r.
Dr. Fadi in the r.
Dr. Clementis v r.
also the Minister Masaryk
Lichner, in r.
Annex 1
DETERMINATION TABLE
to determine the equipment of the apartment in houses confiscated pursuant to Decree
the President of the Republic No. 108/1945 SB. (section 9).
+-----+------------+---------------------+-----------------+--------------+----------------+--------------+-----------+
| | | | | C.-Good | | | |
| | | And-Excellent | B.-Very good | ordinary | D.-Simple | E. The Easiest | F. Bad |
| | | equipment | equipment | equipment | equipment | equipment | equipment |
+-----+------------+---------------------+-----------------+--------------+----------------+--------------+-----------+
| I. | | Well-equipped | Very good | Well equipped | Simply equipment | Simple | Simple |
| | | Metropolitan homes: | urban residential accompanied | | conditions laid down urban | the old city before the-|
| | | Apartments have: perfect | Metropolitan | houses. | the older houses | and suburban | the city |
| | | Accessories, i.e. | houses and luxury | Apartments have: | type. Apartments have:| houses. Toilet | houses |
| | | toilet, bathroom | houses before r. | Accessories | Accessories | It is in the hallway | rural-|
| | | špíž, Hall and | 1914: inside apartment | which consists of | or back porch, | Type a |
| | | more than dvoupokojo-| Apartments have: full | separated from | Hall,-| Hall and provisoria. |
| | | Ken apartments room | accessories with | and | running or is | bathroom | Nesplacho-|
| | | for the maid | Cap against | staircase | Special toilet | missing. | eating |
| | | | the stairs, i.e. | toilet | in the Hall | | toilet on |
| | | | bathroom, bathroom, bathroom, | Each apartment | | back porch |
| | | | špíž, Hall and Hall. | | reserved, | | or on |
| | | | For more than 3 | | Hall-odděle | | the yard |
| | | | rooms room | | from the staircase; | bathroom and |
| | | | for the maid. | | toilet, bathroom | | Hall |
| | | | | | for some | | missing. |
| | | | | | apartments. | | |
+-----+------------+---------------------+-----------------+--------------+----------------+--------------+-----------+
| 1. | Street | Clad with ceramic | Partly clad with | Břizolit, | Břizolit, plaster, | Břizolit, | Stucco, |
| | storefront | the whole material or | ceramics, | sprayed | coloured facades. | sprayed | the core of the. |
| | | in part, noble, | šlechtěná, plaster, břizolit | | fretwork, grey | |
| | | hard plaster, rich | břizolit, skirting | bark, one-| | masonry | |
| | | broken down in the plaster, | stoneware, | divided soul | | ordinary | |
| | | tasteful architecture | reasonably členě-| fretwork, grey | | paired. | |
| | | all plechováno | NAA stucco | brickwork out of | | | |
| | | hard skirting, plaster | plaster, all | White bricks | | | |
| | | coarse, coloured | plechováno | | | | |
| | | facade coatings. | the galvanized | | | | |
| | | | sheet metal, plaster | | | | |
| | | | škrábaná and | | | | |
| | | | drásaná, grey | | | | |
| | | | the masonry face. | | | | |
| | | | | | | | |
+-----+------------+---------------------+-----------------+--------------+----------------+--------------+-----------+
| 2. | Court | Břizolit and partially | SC břizo-| Břizolit, | Stucco, justice | Stucco, justice | Stucco or |
| | storefront | compress, split | lit, good | sprayed | tiled concrete | nedlážděn. | gross |
| | | stucco, all sheet metal-| articulated fretwork, | břizolit, | or cornerstone. | | plaster. |
| | | well, tough base, justice | all plechováno | stucco, justice | | | |
| | | tiled large | Justice tiled | tiled | | | |
| | | tiles or | bricks on a hundred-| concrete or | | | |
| | | concrete. | JATO or concrete. bricks on | | | |
| | | | | flat. | | | |
+-----+------------+---------------------+-----------------+--------------+----------------+--------------+-----------+
| 3. | Roof | Sheet metal, asphalt, | Preskies, | Double | Double bags | Double-, | Simple |
| | | šamotem tiled | cement | bags | prejzy, | bags | bags |
| | | terraces, prejzy, | tiled terraces, | prejzy, | the paperboard. | the paperboard. | the paperboard. |
| | | Double bags | prejzy, double | esovky, | | | |
| | | | bags. | cement | | | |
| | | | | pavement terraces. | | | |
+-----+------------+---------------------+-----------------+--------------+----------------+--------------+-----------|
| 4. | Staircase | IA, granite, travertine, | Granite, terazzové | Granite, | Granite, | Worse, granite | Concrete |
| | and railing | in the lower floors | the boards. | terazzové | sandstone, | sandstone, | the bricks |
| | | terazzové boards | IA terazzo, skirting | the finished grade, terazzo. | finished | sandstone, |
| | | the base up to the latest-| ceramic, | base on the 15 cm. | Wooden or | terazzové | simple |
| | | floor it, linkrusta, | linkrusta, | Wooden or | Iron handrail, | degree | |
| | | stalfit. The handrail of the | stalfit, oil | mesh | lighter design, concrete, | |
| | | White bronze or | coating. Handrail | lighter z | simple | iron or | |
| | | Oak, glass or | Oak, railings | day, cast | casting. | wood | |
| | | mesh, Stringer | of pipes, harder | Skittles. | | railing | |
| | | paneled. | implementation, cast | | | simple. | |
| | | | rich Skittles. | | | | |
+-----+------------+---------------------+-----------------+--------------+----------------+--------------+-----------+
| 5. | Coatings | IA email, linkrusta. | IA email | Email | | | |
| | | | oil paints. | oil. | Fermežové. | Fermežové. | Inked. |
| | | | | | | | |
+-----+------------+---------------------+-----------------+--------------+----------------+--------------+-----------+
| 6. | Isolation | Sound, heat and | Audio | Thermal and | Waterproof. | -- | -- |
| | | waterproof. | the heat i | waterproof. | | | |
| | | | waterproof. | | | | |
+-----+------------+---------------------+-----------------+--------------+----------------+--------------+-----------+
| 7. | Frames | Steel with shock-, | Steel, | Steel or | | | |
| | | joiner. | joiner, | obíjené. | Obíjené. | Obíjené. | Gross. |
| | | | carpentry. | | | | |
+-----+------------+---------------------+-----------------+--------------+----------------+--------------+-----------+
| 8. | Flooring | Parquet and vlýskové | Parquet, | Vlýskové | Worse vlýsky | Worse vlýsky | Boards |
| | rooms. | of the best oak | vlýskové, Oak | minor from | the sparami, | the sparami, | floor tiles |
| | | linoleum, rubber, | or excellent | the ordinary | boards, boards | boards | bricks on |
| | | the Cork. | beech, | Oak or | | boards. | flat. |
| | | | linoleum, rubber. | beech, excellent | | | |
| | | | | the floor | | | |
| | | | | plank. | | | |
+-----+------------+---------------------+-----------------+--------------+----------------+--------------+-----------+
| 9. | Flooring | Ceramic tiles | Ceramic tiles | Terazzová | Cement | Cement | Boards |
| | kitchens | rubber, linoleum, | xylolit, the dermas, | floor tiles | tiles | tiles | floor tiles |
| | | dermas. | IA floorboards, | boards, | boards, planks, | boards | bricks on |
| | | | terazzové | xylolit. | xylolit. | boards. | flat. |
| | | | the tile. | | | | |
+-----+------------+---------------------+-----------------+--------------+----------------+--------------+-----------+
| 10. | Heating in | Central radiators, | The Central Radio-| Central | Tiled or | Simple | |
| | the rooms | sufficiently | Tory, excellent | radiators, | iron | the stove. | The stove. |
| | | dimensované, | American stoves | stoves | the stove. | | |
| | | remote. | tile; | tiled or | | | |
| | | | warm-air, | iron-, | | | |
| | | | komůrkové etážo-| komůrková. | | | |
| | | | vé. | | | | |
+-----+------------+---------------------+-----------------+--------------+----------------+--------------+-----------+
| 11. | Heating in | Built or heavy | Built stoves | Built | Tile | Tile | Tile |
| | kitchens | portable stoves, | coal-fired, gas | stoves | cookers, | stoves | cookers, |
| | | combined gas | cookers, cast | the tiled, | jednotroubové | jednotroubové, brick, |
| | | cookers and Central | portable | lighter | lighter | Black | built, |
| | | heating, electric | cookers, gas | porcelain enamel, | enamel | portable. | Black |
| | | cookers, cast | the stove. | portable | portable | | sheet metal |
| | | sinky. | | stoves. | stoves | | portable. |
| | | | | | coal. | | |
+-----+------------+---------------------+-----------------+--------------+----------------+--------------+-----------+
| 12. | Preparation | Central in the boiler room, | Central in | Gas | Coal | -- | -- |
| | hot water | electric boilers, | the boiler room, or | slot machines | bathroom | | |
| | for bath | gas machines | gas | coal | the stove. | | |
| | | warm water even in | automata. | bathroom | | | |
| | | the kitchen. | | the stove. | | | |
+-----+------------+---------------------+-----------------+--------------+----------------+--------------+-----------+
| 13. | Heating in | Radiator, gas. | Gas. | -- | -- | -- | -- |
| | the bathroom | | | | | | |
+-----+------------+---------------------+-----------------+--------------+----------------+--------------+-----------+
| 14. | Equipment | Facing more than | Facing more than | Free standing | Zinc or | | |
| | bathrooms | 165 cm, framed | 150 cm, in novo-| bath aluminium | terazzová tub. | -- | -- |
| | | bath, bidet in | construction obklá-| sink | | | |
| | | larger bathrooms, | the bath, | garnished | | | |
| | | mýdlenky. | the wash basin. | plinth for sta-| | | |
| | | | | the ' old ' home | | | |
| | | | | Zinc tub. | | | |
+-----+------------+---------------------+-----------------+--------------+----------------+--------------+-----------+
| 15. | Toilet | Flush cladding | Flush | Flush. | Flush. | Flush | Nesplacho-|
| | | at least 90 cm | covered, the base. | | | | eating. |
| | | often underscored. | | | | | |
+-----+------------+---------------------+-----------------+--------------+----------------+--------------+-----------+
| 16. | Elevator | Personal, cab, | Passenger cab, | Personal or | | | |
| | | buildings higher than | for buildings higher | Advanced search | | | |
| | | 3 floors. | than 4 floors. | with cargo | -- | -- | -- |
| | | | | for buildings | | | |
| | | | | the higher 5 | | | |
| | | | | floors. | | | |
+-----+------------+---------------------+-----------------+--------------+----------------+--------------+-----------+
| 17. | Water | In the bathroom, | In the bathroom, | In the bathroom, | In the kitchen, after the | In the hallway, | In the hallway, |
| | introduced | the kitchen, the toilet. | the kitchen | the kitchen | case | in the toilet. | water well in |
| | | | the toilet. | the toilet. | the bathroom | | the yard. |
| | | | | | the toilet. | | |
+-----+------------+---------------------+-----------------+--------------+----------------+--------------+-----------+
| 18. | Gas | If it is in the district, | If it is in | If it is in | | | |
| | introduced | in the bathroom, in | the district, in | the district, in | -- | -- | -- |
| | | the kitchen. | the bathroom | the kitchen. | | | |
| | | | the kitchen. | | | | |
+-----+------------+---------------------+-----------------+--------------+----------------+--------------+-----------+
| 19. | Electricity | Modern installation | Modern insta-| Installation | Installation | Installation | Provisorní |
| | | the bells are everywhere | lace, everywhere | the pipes. | in part, in | the surface. | installation |
| | | outside of the electric meter | the socket. | | the kitchen. | | electricity |
| | | apartment. | | | | | missing |
+-----+------------+---------------------+-----------------+--------------+----------------+--------------+-----------|
| 20. | The window | Double, zatemňova-| Double, service-| Double. | Double. | Double. | Simple |
| | | whose curtains | Sun blinds. | | | or old, | |
| | | Sun blinds. | | | | | out and |
| | | | | | | | inside |
| | | | | | | | otevíravá, |
| | | | | | | | Double. |
+-----+------------+---------------------+-----------------+--------------+----------------+--------------+-----------+
| 21. | The door | Input hard | Full | Packed or | Packed or | Packed | Packed |
| | | other | or packed | plywood blockboard. | plywood, blockboard, | ordinary | or |
| | | plywood, blockboard, | dosické locks. | | ordinary locks. | the locks. | the ledge |
| | | dosické locks. | | | | | padlock |
| | | | | | | | the locks. |
+-----+------------+---------------------+-----------------+--------------+----------------+--------------+-----------+
| 22. | Laundry service | House Exchange | In the House with | In the House, with | In the House with | In the House. | Missing. |
| | | heated washing machine | local or | boiler and | the Cauldron. | | |
| | | a clam bake, table. | Central | neckami, | | | |
| | | | heating. | directly větra-| | | |
| | | | | NAA. | | | |
+-----+------------+---------------------+-----------------+--------------+----------------+--------------+-----------+
| 23. | Oven | Kulisová topená | The control panel | Netopená or | The soil. | The soil. | Missing. |
| | | or the spacious land. | heated | the soil. | | | |
| | | | room or | | | | |
| | | | the soil. | | | | |
+-----+------------+---------------------+-----------------+--------------+----------------+--------------+-----------+
| 24. | The cellar | The cellar on the potatoes. | The cellar on fuel | Cellar | Cellar | The cellar or | Kolničky |
| | | | If you do not | fuel. | the fuel in the House | kolničky on | on the yard. |
| | | | Central heating | | or in the yard. | the yard. | |
+-----+------------+---------------------+-----------------+--------------+----------------+--------------+-----------+
| 25. | Special | Home phone | Electric | | | | |
| | equipment | the caretaker of the bells, bells, | | | | |
| | | Central antena, | Home phones | -- | -- | -- | -- |
| | | Electric Porter. | | | | | |
+-----+------------+---------------------+-----------------+--------------+----------------+--------------+-----------+
TABLE OF PRECIPITATION AND INCREASES
(section 13).
+-----+------------------------------------------+----------------+---------+
| | Properties | | |
| +-----------------+------------------------+ Srážka | Premium |
| | the land | construction | | |
| +-----------------+------------------------+----------------+---------+
| | applicable for the determination of deductions or premiums | as a percentage of the price of the House |
| | | (§ 9) |
+-----+-----------------+------------------------+----------------+---------+
| 1. | steep slope | --- | 5 to 10 | -- |
| | North | | | |
+-----+-----------------+------------------------+----------------+---------+
| 2. | the bottom water | | | |
| | There is a basement | --- | 5 to 10 | -- |
|-----+-----------------+------------------------+----------------+---------+
| 3. | the slope to the South | | | |
| | or the Southeast | --- | --- | 5 to 10 |
+-----+-----------------+------------------------+----------------+---------+
| 4. | poddolován | | | |
| | darkness | --- | 5 to 10 | -- |
+-----+-----------------+------------------------+----------------+---------+
| 5. | the smoke from the nearby | | | |
| | station or | --- | up to 5 | -- |
| | the factory | | | |
+-----+-----------------+------------------------+----------------+---------+
| 6. | | poddimensované or | | |
| | | waterlogged foundations | | |
| | --- | that cause | up to 25 | -- |
| | | cracks and move | | |
+-----+-----------------+------------------------+----------------+---------+
| 7. | | faulty construction | | |
| | --- | According to the assessment of the building | up to 20 | -- |
| | | the Office, cracks, movement | | |
+-----+-----------------+------------------------+----------------+---------+
| 8. | | poorly maintained | | |
| | --- | House, fringes, plaster | up to 10 | -- |
| | | the frontage, shabby coats | | |
+-----+-----------------+------------------------+----------------+---------+
| 9. | | the masonry of the mlživého | | |
| | --- | quarry stone, | up to 15 | -- |
| | | damp, with great | | |
| | | spots | | |
+-----+-----------------+------------------------+----------------+---------+
| 10. | | lack of isolation against | | |
| | --- | water (leakage) | 5 to 10 | -- |
+-----+-----------------+------------------------+----------------+---------+
| 11. | --- | missing fencing and input | up to 5 | -- |
+-----+-----------------+------------------------+----------------+---------+
| 12. | | inappropriate disposice | | |
| | --- | House, deviations from the | up to 10 | -- |
| | | building regulations which | | |
| | | cannot be spraviti | | |
+-----+-----------------+------------------------+----------------+---------+
| 13. | | perfect isolation, dry | | |
| | --- | House, excellent stavivo, | --- | up to 20 |
| | | well maintained House | | |
+-----+-----------------+------------------------+----------------+---------+
| 14. | | careful implementation, | | |
| | --- | convenient and economical | --- | up to 10 |
| | | disposice | | |
+-----+-----------------+------------------------+----------------+---------+
| 15. | | the House of zařaděn to some | | |
| | | of the classes of equipment, (C) | | |
| | --- | (F), however, the façade | | |
| | | clad with ceramics | | |
| | | or cornerstone | | |
+-----+-----------------+------------------------+----------------+---------+
| 16. | --- | demolisjed after part of the building | by nature | -- |
| | | | case | |
+-----+-----------------+------------------------+----------------+---------+
| 17. | --- | costly repairs | by nature | -- |
| | | imperative | case | |
+-----+-----------------+------------------------+----------------+---------+
| 18. | altitude | | | |
| | [(meet the village | | over 700 m | |
| | and their local | | 900 m to 10 | |
| | part, although | --- | | -- |
| | in the area of VI | | over 900 m to | |
| | (§ 9)] | | 20 | |
+-----+-----------------+------------------------+----------------+---------+
| 19. | solitude [(howl-| | | |
| | considering municipalities and | | | |
| | their local | | | |
| | part, although | --- | up to 10 | -- |
| | in the area of VI | | | |
| | (§ 9)] | | | |
+-----+-----------------+------------------------+----------------+---------+
