249/2002 Coll. GOVERNMENT REGULATION of 22 May 2002 on the conditions for the granting of allowances for mortgage loans that persons under 36 years of Change: 32/2004 Coll. Government orders implementing the Act No. 218/2000 Coll., On budgetary rules and amending some related Acts (budgetary rules), as amended by Act No. 493/2000 Coll., Act No. 141/2001 Coll. , Act No. 187/2001 Coll., Act No. 320/2001 Coll. and Act No. 450/2001 Coll: § 1 This Regulation lays down the scope and conditions for the granting of allowances from the state budget for the mortgage repayments of the loan (the "Loan") provided on the purchase of an apartment or house with one flat or buy a flat or a house with one flat including the land or its respective parts , which are purchased with the flat or a family house with one apartment and the purchase of movable and immovable property which is on those parcels are located (hereinafter referred to it as "flat or house with one flat"). § 2 In this Regulation: a) the applicant is a natural person who is applying for funds under this Regulation, (b)) the recipient of a natural person who has wholly owned or jointly owned by spouses apartment or house with one room, repaying the loan and are She received contributions under this regulation, (c)) the natural person whom the passed or been transferred ownership of an apartment or family home with one flat and that contractually assumed the obligation that repay the loan, which is provided contributions under this regulation, d) the contribution of the individual the amount paid from the state budget to the loan installment, e) installment for the purpose of calculating the allowance payment of principal and interest calculated as a constant monthly payment on the loan repayment period, f) the interruption of loan repayment failure to pay installments on the loan recipient or purchaser in the agreed amount and date , and without the prior agreement of the recipient or the purchaser with a bank that is authorized it to issue mortgage bonds of ^ 1) (hereinafter referred to it as "mortgage bank") to discontinue its repayment. § 3 (1) Contributions under this Regulation shall be provided if the applicant) in the request for contributions completes 36 years, (b)), the applicant is not the date of the application for funds is the owner or the co-owner of the apartment building, house or apartment, except a flat or house with one flat that was purchased with the help of a loan, to which contributions are requested under this regulation , c) the date of application for funds is at least 2 years have passed since the first acquisition of ownership of the family house with one flat first owner 2. the acquisition of ownership of the building in which the apartment is located, the owner of the first, if not the flat in point 3, 3. date of final occupancy permit, if it is a flat, which was created by changing the completed building, the 4th date of final occupancy permit, if it is a house with apartments and non-residential premises owned, built under contract for the construction, d) an apartment or house with one apartment on the territory of the Czech Republic. (2) If the request for contributions made during the marriage of the applicant that provide contributions, provided they meet the conditions set out in paragraph 1. and (b))), and both spouses. § 4 (1) The right to the contributions of this Regulation can not incurred by the beneficiary or the repeatedly. To buy an apartment or house with one flat, to which contributions were made under this regulation, not those contributions before the repayment of the loan at the same time provide another applicant. (2) Contributions under this Regulation shall not be granted: a) to buy an apartment or a house with one apartment for which aid is granted under a special law on support for mortgage loans for housing construction, ^ 2) (b)) and a loan that would be offered the building society according to special legislation. ^ 3) (3) Contributions are provided only for loans in the Czech currency. If the contract includes a mortgage loan exchange rate hedge clause allowances shall not be provided. § 5 (1) A written request for contributions (hereinafter referred to it as "application"), the applicant shall submit and mortgage banks earlier in the day of conclusion of the loan agreement, and no later than the commencement of the drawdown of the credit for which contributions are required. The request must contain the name and surname of the applicant, his permanent residence, social security number, and if not allocated, the date of his birth. An applicant must also demonstrate that the conditions specified in section 3. (2) The applicant who submits proof of transfer of ownership to an apartment or a family house with one apartment in the Land Registry, the mortgage bank and concludes a contract for the provision of contributions under this Regulation. (3) The allowance shall be granted to the beneficiary or assignee of the loan or its part intended to buy an apartment for no more than 800 thousand. CZK, or buy a house with one flat up to and a maximum amount of EUR 1.5 million. CZK. If the loan exceeds or part intended to buy an apartment or a house with one flat amount referred to it in the first sentence, contributions to the portion of the loan in excess of these amounts provide them. (4) the Contributions may be provided for repayment of the loan, for a maximum period of 10 years. section 6 (1) This paper provides the loan installment, specified in the loan agreement. Contribution over the past month are transferred to the recipient that the or the designated account by the end of the following month. (2) Allowance per month installment shall be for an amount which is determined as the difference between the amount of payments under normal interest without contribution under this Regulation and the payment amount when the interest reduced by one percentage point, the number of which depends on the average rate of interest on the volume of mortgage lending banks) granted last year under the newly signed loan agreements supported under this Regulation. , b) supported under this Regulation, which occurred in the past year to change the interest rate agreed with the mortgage banks, c) provided that individuals on the basis of the contracts supported by and loan under a special law on support for mortgage loans for housing construction, ^ 2) of which occurred in the previous year, and the change in interest rates agreed with the mortgage banks. (3) The average interest rate published by the Ministry for Regional Development (hereinafter the ' Ministry ') in public information media and remotely accessible information system. Adjustment is performed every 1 February of the calendar year and is at an average rate of interest) and 8% and over 4 percentage points, b) less than 8% and greater than or equal to 7% of 3 percentage points, c) less than 7% greater than or equal to 6% of 2 percentage points, d) less than 6% and greater than or equal to 5% of 1 percentage point; If the average interest rate of less than 5% of the allowance shall be granted. (4) When determining the amount of the allowance provided for in paragraphs 2 and 3 shall be based on the actual loan maturity. If the time of its maturity longer than 10 years, starting when setting the amount of the contribution from maturity of 10 years. (5) If a shortening of the maturity of the loan so that the new GCSE is less than 10 years, makes mortgage bank in a month when there is a change, the conversion of the contribution. (6) The above percentage points referred to it in paragraphs 2 and 3 are first determined by the date of the first drawdown of the loan and is always valid for the duration of the interest rate agreed with the mortgage banks in the loan agreement, to which the required contributions under this Regulation, for a maximum period of 5 years. After the expiry of the interest rate, mortgage banks, and at the latest after a period of 5 years, the new rate of percentage points set out in paragraph 2. section 7 (1), While on the contributions must be purchased apartment or house with one flat in the exclusive possession of the recipient or the or jointly owned by the recipient or the purchaser and the other spouse; During this time they must serve as a permanent residence of the recipient or acquirer. The condition of permanent residence may not be met if purchased apartment or house with one apartment may not be used without making any alterations, but for no longer than 1 year after the ownership rights to the apartment or family home with one flat. (2) If the transfer or assignment of property rights to an apartment or a family house with one apartment, which are granted allowances under this Regulation to other individual contributions to the acquirer's provide if it complies with the date of the transfer or assignment of property rights, the conditions set out in section 3. and (b)), and), and simultaneously contractually assumes the obligation it repay the loan; in the event of death of the beneficiary or the which the aid was granted, may not be his heirs in the first group; 4) satisfy the condition set out in § 3 para. 1 point. a). (3) If the termination of an apartment or house with one flat, and to buy the allowances allocated allowances to be granted. section 8 (1) When the interruption of loan repayment, the payment of contributions suspended. (2) does not exceed if the interruption period of loan repayment 6 months if an additional payment of all installments for the period of the suspension of repayment and organize contractual relationship with the mortgage bank will be suspended for posts transferred to the account of the beneficiary or the, for the entire period of the suspension of repayment, but without interest for the period of suspension of contributions , together with the payment of the allowance, which was restored installment repayment. (3) does not exceed if the interruption period of loan repayment 6 months if an arrangement contractual relationship with the mortgage bank and the recipient or purchaser of posts again begins it repay the loan, but there is no additional payment of all installments, or if the repayment period of interruption exceeds six months, the procedure of mortgage bank so that the loan balance is calculated at the date of suspension of the repayment of the loan and this provides the remaining balance of the period for payment of allowances and up to 120 months from the first installment after the final drawdown. Over the period of suspension of loan repayment will be the recipient or the contributions are made. (4) the Contributions calculated in accordance with paragraph 3 will continue to be provided for the remaining period of the loan repayment, but until the end of the month stodvacátého the contributions. (5) In the event that the loan repayment interrupted due to inheritance, may extend the total duration of the contributions for the corresponding period of suspension of the repayment of the loan; the number of payouts contribution shall not exceed 120. § 9 (1) To ensure that the contributions of this Regulation and to ensure the control of documents the conditions for granting these contributions on the date of submission of the application by the Ministry of II mortgage bank contract. (2) The statement of contributions submitted to the Ministry of mortgage banks in the past month in the following month; bill requisites and its submission deadline stipulated by the Ministry. (3) The Ministry points out monthly mortgage bank funds based on the submitted bill. (4) The Ministry pays the mortgage banks reasonably incurred costs associated with the provision of posts, but will not cover the increased costs associated with the discontinuation of loan repayment in accordance with § 8. § 10 to check compliance with the conditions for the drawing of the allowances paid under this Regulation and imposing sanctions for unauthorized use or retention of these posts There are special laws. ^ 5), section 11 (1) In 2002, the average rate of interest according to § 6 para. 2 calculates the volume of loans it provided to individuals on the basis of loan contracts supported under a special law on support for mortgage loans for housing construction ^ 2) in 2001. (2) The applications for aid under this Regulation submitted before the date of entry into force of this Regulation shall be disregarded. section 12 of This Regulation shall enter into force on 1 September 2002. Prime Minister: Ing. Zeman, Minister for Regional Development: Ing. Lachnit, PhD. vr Selected provisions of Article II of the amendments of the Government Regulation No. 32/2004 Coll. Transitional provisions The legal relationships under Government Decree No. 249/2002 Coll. before the effective date of this regulation, as well as the rights and obligations arising from them is governed by existing laws. 1) section 14 of Act No. 530/1990 Coll., On Bonds, as amended by Act No. 84/1995 Coll. and Act no 368/2000 Coll. 2) Government Decree No. 244/1995 Coll., Laying down the conditions for state financial support for mortgage lending for housing construction, as amended Government Regulations no 276/1996 Coll., And Government Regulation No. 70/1998 Coll. and Regulation of the Government No. 226/1999 Coll. 3) Act No. 96/1993 Coll. , On building savings and state support for building savings and supplement of the Czech National Council Act No. 586/1992 Coll., On income taxes, as amended by Czech National Council Act No. 35/1993 Coll., as amended by Act No. 83/1995 Coll.), § 4, paragraph 473. 1 of the Civil Code. 5) section 39 and 44 of Law No. 218/2000 Coll., On budgetary rules and amending some related Acts (budgetary rules), as amended by Act No. 185/2001 Coll. and Act No. 320/2001 Coll. Act No. 320/2001 Coll., On financial control in the public administration and amending certain laws (Act on Financial Control).