438/2009 Sb.
GOVERNMENT REGULATION
of 16 December 2002. November 2009,
amending Government Decree No. 370/2004 Coll., on the scope and the conditions of
the use of the funds to pay for the loans secured by the State Fund
housing development
The Government ordered pursuant to section 9 of Act No. 211/2000 Coll. on the State Fund
housing development and amending Act No. 171/1991 Coll., on the scope of the authorities
The United States in cases of transfers of State assets to other persons and the Fund
National Property Fund of the Czech Republic, as amended, in
amended by Act No 61/2005 Coll.:
Article. (I)
Government Regulation No. 370/2004 Coll., on the scope and terms of use
the financial resources of the State housing development fund to pay for loans
secured by the State Housing Development Fund, is hereby amended as follows:
1. § 1, including footnotes 1 and 2 read as follows:
"§ 1
(1) this regulation lays down the scope and the conditions of use of the financial
the resources of the State Housing Development Fund (hereinafter referred to as "the Fund") to pay for the
obligations arising out of the liability portion of the outstanding principal loan
provided by the legal or natural person (hereinafter referred to as "the applicant") to cover the
the costs associated with the construction of rental housing and construction
the infrastructure of the municipalities for housing construction.
(2) the applicant must have their registered office or residence in the territory of the
a) Member State of the European Union,
(b)) state that is a Contracting Party to the agreement on the European economic
space, or
(c)) of the Swiss Confederation.
(3) for the purposes of this regulation, the construction of means
and new construction of residential house), in which a rental apartment,
(b) a superstructure or extension by) building code ^ 1), you will create a
rental apartment,
(c) the building under construction) the law ^ 1), which will create a rental
apartment from
1. space intended for purposes other than housing, or
2. apartment incapacitated.
(4) If a request for credit security limited is submitted after 1. January 2012,
must the construction referred to in paragraph 3 (b). a) meet the requirements for
energy performance of buildings, valid at least for class B pursuant to
special legal rules relating to the energy performance of
buildings ^ 2).
1) § 2 (2). 5 of law no 183/2006 Coll. on territorial planning and building
Code (the building Act).
2) Decree No. 148/2007 Coll., on the energy performance of buildings, as amended by
amended. ".
2. In article 2 (2). 1, the number "8" is replaced by "40" and the words "the emergence of
liability, "shall be replaced by the words" the conclusion of the contract of guarantee ".
3. § 2 paragraph 2 reads as follows:
"(2) a limited liability company can be ensured of not more than 70% of the outstanding principal amount of the loan. In doing so,
may be part of the principal, he is able to, make one bedroom apartment
not more than
and construction) in the case referred to in § 1 (1). 3 (b). and)
1. $1 500 000, or
2. $1 800 000, when the applicant is a village and is also a part of this construction
technical infrastructure of the municipality,
(b) in the case of construction) referred to in § 1 (1). 3 (b). (b)), and (c)) 300 000. ".
4. In article 3, paragraph 3. 1 the words "the village in the Czech currency ' shall be deleted and the words
"repairs, modernization and construction of flats owned by the municipality or
the construction of the infrastructure, if the housing or infrastructure
are or will be located within the territory of the United Kingdom "are replaced by the
the words "construction of infrastructure of the municipality or for the construction of specified in §
1 (1). 3 (b). and) ".
5. In section 3, paragraph 3. 2 (a). and) and c), the word "communities" shall be replaced by
"applicant".
6. In section 3, paragraph 3. 2 (a). (b)) and in section 5 (b). I) and on), the word "municipality"
replaced by the word "applicant".
7. in section 3, paragraph 3. 2 at the end of subparagraph (c)) the comma is replaced by a dot and the
subparagraph (d)) shall be deleted.
8. In paragraph 3, the following paragraphs 3 and 4 are added:
"(3) at the time when the loan is secured by a guarantor, the applicant does not convert this loan
Neither the ownership of the apartment about tenancy to another person without the consent of
The Fund. If it satisfies the person to whom the credit or ownership of
Converts, the conditions under this regulation and it undertakes to assume the rights and
the obligations associated with the limited liability company, the said Fund to the transfer agreement.
(4) the applicant does not change for the duration of the guarantee, but at least for a period of 10 years from the
the conclusion of the contract of guarantee, the method of use of the building as a rental
apartment. ".
9. in section 4, paragraph 1 reads:
"(1) an application for credit security limited liability company serves the applicant pool.".
10. In section 4, paragraph 4. 2 of the introductory part of the provisions, the word "Community" shall be replaced
the word "applicant".
11. in section 4, paragraph 4. 2 (a). (b)), the word "municipality" repealed.
12. in section 4, paragraph 4. 2 (a). (c)), the word "its" is deleted and at the end of the text
subparagraph (c)), the following words ", if the applicant is an local government
all ".
13. in section 4, paragraph 4. 2 letter d) is added:
"(d)) a statement that at the date of filing of the application for credit security limited has
outstanding balance due to the public budget, or to a health insurance company, ".
14. in section 4, paragraph 4. 2 (a). (e)), the word "her" is replaced by "him" and the word
"it" is replaced by the word "it".
15. In paragraph 4, at the end of paragraph 2, the period is replaced by a comma and the following
Letter g) and (h)), including footnote No 3 shall be added:
"(g)) in the construction referred to in § 1 (1). 3 (b). (c) point 2 of the opinion)
an authorized engineer in the field of building construction, or expert advice
prepared by an expert in the field of building construction or statics of structures
demonstrating the inability of the flat to the housing,
h) in the case of declarations of support granted on the basis of directly
applicable EC regulation governing support small scale ^ 3).
3) article 3 of Commission Regulation (EC) No 1998/2006 on the application of article 81(3). 87 and 88 of the
de minimis aid. ".
16. in section 4, paragraph 3 is added:
"(3) the Fund may for the assessment of the purpose of the loan, the financial collateral
investment and risk level to obtain further documents. ".
17. in paragraph 4, the following paragraph 4 is added:
"(4) if the request complies with the conditions laid down to ensure the credit limited liability company
This regulation, the Fund shall evaluate the risk for security and liability
the basis of this evaluation may enter into a contract with an applicant about liability. ".
18. in the introductory part of the provisions of paragraph 5, the words "must contain" are replaced by
words "contains in particular".
19. in paragraph 5 (b)):
"(b)) the name or name, last name, address of the place of residence or
the address of the place of residence and date of birth of the applicant, if the applicant is a natural
the person, or the name, registered office and identification number, if the applicant
a legal person, the name or names, surnames, address space
permanent residence or address of residence and date of birth of the person or persons
acting on behalf of legal persons ".
20. In paragraph 5 (b). the word ")" is replaced by "applicant".
21. in paragraph 5 of the letter m) is added:
"m) arrangements for contractual penalty clause for the case that the applicant will use the resources
obtained repayment of secured liability for any purpose other than for the purpose
that is specified in the contract of guarantee, or breach of the obligations laid down
the Treaty of guarantee, ".
22. in section 6 (1). 2 the term "village" is replaced by "applicant".
23. in paragraph 7, the words "the village has used" shall be replaced by "the applicant had used" and
the word "community" shall be replaced by the word "applicant".
24. section 8 is repealed.
Article. (II)
The effectiveness of the
This Regulation shall enter into force on the date of its publication.
Prime Minister:
Ing. Fischer, CSc in r.
Minister for local development:
Ing. Vondruška in r.