Announcement of law on freeing of certain grant provisions, etc.
Hereby promulgated Act No. 196 of 4. June 1964 on freeing of certain grant provisions, etc. with the changes brought about by Act No. 396 of 26. June 1998 and § 1 of lov nr. 489 of 12. June 2009.
§ 1. Properties, to if construction grants are granted pursuant to the legislative provisions referred to in paragraph 2, may, under the conditions laid down in this law shall be released from the obligations with regard to rent control, the use of surplus m. v., which on the basis of the conditions laid down for the grant provision imposed on the properties. When the conditions for release have been met, the obligations asserted provisions required for receipted for cancellation in the land register. The receipt issued by the Municipal Council.
(2). The provisions of the Act applicable to the obligations imposed on properties for which the subsidy is granted pursuant to the provisions of section 3 of Act No. 48 of 5. February 1918, § 3 of law No. 562 of 1. November 1918, § 3 of law No. 685 of 21. December 1918, § 3 of law No. 362 of 30. June 1919, all on State subsidies to municipal work m. m., section 5 of law No. 4790 out of 10. September 1920 on the extension and alteration of various housing laws, m. m. and section 39 of law No. 150 of 1. April 1921 concerning housing conditions.
§ 2. For property belonging to the private owner may require mobilization against payment of the original grants from State and local authority, in so far as the application is made before 1. July 1966. I put forward the claim for release after 1. July 1966, in addition to the originally grants paid 25 per cent. In municipalities where emancipation so far is permitted at more favourable conditions for the owner, can release continue to be authorised under these conditions.
(2). For properties belonging to build associations (housing associations), the Interior and Social Affairs Minister, according to the Declaration or bylaws permit imposed safeguard provisions repealed in accordance with detailed guidelines provided by him.
(3). It confirms that in the referred to in paragraphs 1 and 2 properties State loans granted pursuant to the § 1, paragraph 2, referred to love, it is a condition of the release, the Government loan previously redeemed.
§ 3. Release amounts to be paid cash to the Municipal Council or decided by the issuing of mortgage letter to same, which mortgage letter repaid over 20 years with equal semiannual installments and interest with 6% p. a. of the at any time being the residual debt.
(2). The Municipal Council may also provide an interest-rate and interest-only loan to an association referred to in section 2, paragraph 2, for release on terms and conditions of each individual Member of the Association at the time of emancipation calculates a proportional share in the amount of emancipation on the basis of the relationship between the original member deposits in the property and that the Association meets the proportional share of the amount by means of a member's transfer of the share.
(3). The proportion is taken over by the Member's death of a surviving spouse or another person, as in the death have had common household with the Member for at least 2 years, honoured the proportional share of the amount, however, only after the emancipation after the right to share the living ceases. Happens in connection with separation or divorce in whole or partial transfer of the share of the spouse who retains the right to homes, liquidated the proportional share of the amount of the first emancipation, when that spouse entitled to the share. 2. paragraph apply mutatis mutandis upon termination of cohabitation that has passed for at least 2 years prior to the transfer.
(4). Be issued mortgage letter as referred to in paragraph 1, or be granted an interest-rate and interest-only loan referred to in paragraph 2, the provisions of the grant asserted, according to declaration or bylaws, without prejudice. section 1, paragraph 1, not acknowledged for cancellation before the whole release amount is paid, unless the amount is secured by oprykkende things like mortgages on the property within the property value according to the property's latest assessment.
(5). Is there under the declaration deposited profits on the occasion of the sale of a property, leaving this in the release amount. Is the paid-in surplus greater than the amount paid the emancipation part of the excess amount in excess of the original grants plus 25 per cent, to the seller. Derived profits from several transfers, the amount is allocated between the previous owners in relation to the size of the paid-in surplus of the disposals concerned. I put forward the request for emancipation in 1. July 1966 pays a share of the excess amount in excess of the original grants plus 25 per cent, to the seller. Derived profits from several transfers, the amount is allocated between the previous owners in relation to the size of the paid-in surplus of the disposals concerned. I put forward the request for emancipation in 1. July 1966 pays a share of the excess amount is less than 125 percent of the original grants, payment to the owner.
(6). Paragraph 5 shall apply mutatis mutandis in cases where a recorded profits remains as a receivable for the public with the mortgage on the property. The current owner's share in the paid-in surplus shall be adjusted by the write-down of the mortgage of the letter at face value. The previous owners ' share may be wholly or partially rectified by the transport of public receivable.
(7). A previous owner may demand his share in the profits paid out in accordance with the rules laid down in paragraphs 5 and 6, although the current owner has not made an application for the property's emancipation. Can a former owner or his or her spouse or descendants does not exist, his share shall accrue to the public, cf. § 4.
§ 4. The paid-up amount less any withdrawals of emancipation pursuant to section 3, paragraph 5, shall accrue to it in covenants referred to Committee, where such a set up, to be used in accordance with the rules laid down to that effect.
(2). Is a selection referred to in paragraph 1 are not reduced, the deposited amount shall accrue to the municipality. The deposit amount will be used for social housing purposes in the municipality.
section 4 (a). The Municipal Council can approve that asserted reimbursement provisions according to the Declaration or bylaws, without prejudice. section 1, paragraph 1, as well as things like security right in the property, see. section 3, paragraph 4, respects things brightened loans for maintenance work on the property.
§ 5. This law shall enter into force on the 1. July 1964.
Act No. 396 of 26. June 1998 contains the following entry-into-force provision. (The amendment concerns section 4. The amendment relates to changed allocation). Information for the following § 2: the notice in the Official Gazette took place on 27 November. June 1998.
The law shall enter into force on the day after publication in the Official Gazette.
Act No. 489 of 12. June 2009 includes the following entry-into-force provision. (The amendment relates to the Act's title and sections 1, 3, 4 and 4 (a). This legislation regards ryknings commitments for maintenance work and loan deals for unlocking).
The law shall enter into force on the 1. June 2009.
The Interior and the Ministry of Social Affairs, the 19. October 2009 P.M.V. Christian Schønau/Eva P