Notice On The Page Activities In Social Housing Organisations, Etc.

Original Language Title: Bekendtgørelse om sideaktiviteter i almene boligorganisationer m.v.

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=129198

Overview (table of contents) Chapter 1 scope

Chapter 2 General provisions for the social housing organisations in areas of activity

Chapter 3 Page activities

Chapter 4 the municipal supervision

Chapter 5 penal provisions

Chapter 6 entry into force and transitional provisions The full text of the notice on the page activities in social housing organisations, etc.

Pursuant to section 32 and section 185, paragraph 1, no. 2, of the law on public housing, etc., see. lovbekendtgørelse nr. 1204 by 10. December 2009, fixed:

Chapter 1

The scope of the

§ 1. The notice applies to social housing organisations, see. However, paragraph 4.

(2). sections 2, 6, 9, 12, 13, 16, 18, 20, 25-27 and 29 shall apply mutatis mutandis to self-governing institutions, which owns General senior housing.

(3). sections 2, 6, 9, 15, 16.18, 20, 25-27 and 29 shall apply mutatis mutandis to self-governing institutions, which owns General youth housing.

(4). § 3, paragraph 1, section 4, section 5, paragraph 1, § 8, § 10, section 12, paragraph 2, and section 17 shall not apply to General administrative organizations.

Chapter 2

General provisions for the social housing organisations in areas of activity

§ 2. Social housing organisations business area includes, in addition to housing associations ' core activities, see. section 6, paragraph 1, of the law on public housing, etc. (General boligloven), activities that have a natural association with the houses and the administration of these, or based on the knowledge, housing organization has earned through its business (page activities), see. section 6, paragraph 2. This notice shall only apply to housing organizations activities, see. Chapter 3.

(2). Social housing organisations and their departments can only exercise page activities to the extent that such activities are covered by the provisions of Chapter 3.

Chapter 3

Side activities

Business areas

§ 3. A non-profit housing organization can establish commercial areas in buildings that fall within the social housing organisations core business activities, without prejudice. section 6, paragraph 1, of the General boligloven. It is a prerequisite,

1) that there is a need for social housing business areas in residential area,

2) to the extent of the profession stands in justifiable proportion to residential area,

3) to business areas separated in a special section, which has the title deed on the property,

4) to business areas are leased to a company as mentioned in section 4,

5) to rental to the company at a rent equivalent to the balance of the rent with allowance for the value of any capital and public loan guarantee, and

6) to the Municipal Council approves the housing the Organization's disposition.

(2). The requirement referred to in paragraph 1, no. 3 shall not apply to the conversion of homes to the profession.

(3). The requirements referred to in paragraph 1, no. 3 and 4 shall not apply to the rental of undeveloped land, unless the rental is done with a view to building on the leased land.

(4). Housing organization can manage the construction and operation of the business areas, as referred to in paragraph 1.

(5). The Municipal Council may approve, that the requirement referred to in paragraph 1, no. 3 waived by smaller on-and outbuildings to existing departments, by arrangement of the unused take take, at the high school of additional floors and in the construction of small, freestanding buildings, when this is deemed justifiable after an assessment of the risks of the construction project, in conjunction with the Department's and housing the Organization's financial situation.

(6). The Municipal Council may approve, that the requirement referred to in paragraph 1, no. 4 be waived by buildings, which have a very limited scope, as well as by the limited extensions of existing business areas.

§ 4. Housing organization can establish and make deposits in a company, see. section 23, which rents commercial areas established pursuant to section 3, paragraph 1. Subletting shall be made at market rent. It is a prerequisite that the Municipal Council approves the housing the Organization's disposition.

Chapter 12 institutions and housing

§ 5. A Department may have the title deed on the institutions and residences, which are governed by Chapter 12 of the General boligloven.

(2). Housing organization can manage the construction and operation of the institutions and residential buildings, as referred to in paragraph 1.

Administration properties

§ 6. Housing organization can own and manage the construction and operation of own management properties.

Seminar rooms

§ 7. Housing organization can own and manage the construction and operation of classrooms for use by employees in the Organization and its departments and housing for residents in residential locations, as well as for use by staff and residents in managed housing organisations and their departments.

(2). The costs of construction and operation of classrooms should be proportionate to the housing the Organization's size and economic conditions. The costs of the construction may be financed by housing the Organization's working capital. The costs of the operation may, to a limited extent be met by working capital.

(3). Seminar rooms can in connection with social activities and recreational activities, see. section 18, paragraph 1, is used by persons other than the persons referred to in paragraph 1. The conditions laid down in article 18, paragraphs 2 to 5 shall apply mutatis mutandis.

Acquisition of existing properties

§ 8. A Department may acquire existing private properties, including private and municipal rental housing as well as detached houses, with a view to the establishment of housing, social housing organisations that fall within the core activities pursuant to section 6, paragraph 1, of the General boligloven or the establishment of business areas related to these homes. Acquisition implies that within a maximum of 10 years from the acquisition can be achieved balance between spending and revenues. The acquisition may also happen in connection with urban renewal.

(2). By the acquisition of properties, which include both residential and commercial land, the rules in section 3, paragraph 1, no. 1, 2 and 6 apply mutatis mutandis. The Municipal Council may as conditions for its approval under section 3 (1) (8). 6, require the housing organization with funds from housing the Organization's equity warrants coverage of extraordinary losses incurred as a result of difficulties in the economic areas. rental

(3). By the acquisition of properties, which exclusively contains commercial land, the rules in section 3 (1) (8). 1-6 shall apply by analogy.

Exposures in the supply business and similar

§ 9. Housing organization or Department may have the title deed, and housing organization can manage the construction and operation of installations for the

1) water supply

2) heat supply

3) combined power/heat supply

4) radio/television signal supply

5) electronic communications services and

6) refuse.

(2). It is a prerequisite that most customers for facilities referred to in paragraph 1 only to a limited extent includes other than housing organization, housing locations, managed housing organisations and these departments or tenants in these housing organizations departments and only when this happens as a result of the municipal planning. The condition of the municipal planning does not apply to the activities referred to in paragraph 1, no. 4 and 5.

(3). Housing organization or Department can make deposits in and participate in the management of installations as referred to in paragraph 1. It is a prerequisite that the housing organization or Department decreases the plant's products.

Management of buildings and institutions, etc.

§ 10. Housing organization can establish and make deposits in a company, see. § 23, who manages the construction and operation of the private rental housing, home ownership, private ustøttede cooperative housing and commercial areas owned by other than housing organisation or a Department of this. It is a prerequisite,

1) to housing your organization has one or more housing departments or have been promised government support for the construction of public housing in the residential area, where the said property is located, and

2) to the Municipal Council approves the housing the Organization's disposition.

(2). The rules laid down in paragraph 1 shall not apply to the activities referred to in §§ 11-16.

§ 11. Housing organization can manage the operation of municipal residential buildings.

§ 12. Housing organization can manage the construction and operation of municipal properties than other residential properties and the properties referred to in Chapter 12 of the General boligloven, if the property is an integral part of a hamlet, which is listed under General boligloven, the Act on housing, law on construction aid or law on housing for the elderly and persons with disabilities.

(2). A Department may have the title deed on service areas, see. § 5, paragraph 6, of General boligloven.

(3). Housing organization can manage the construction and operation of the service areas, as referred to in paragraph 2.

§ 13. In addition to the properties, etc., as referred to in section 12, housing organization manage the construction and operation of other municipal institutions and self-governing institutions, which have an operating agreement with the municipality or region.

§ 14. Home organization may, with the approval of the Board of Directors manage the local operation of private rented housing. It is a prerequisite that the Municipal Council has anvisningsret to at least one in four available housing. If the private rented housing is located in a municipality other than the one in which housing organisation has its head office, see. section 108, paragraph 2, of the Ministry of the Interior and Social order on the operation of public housing, etc., required approval from both the home municipality as location the municipality's Municipal Council.
(2). Notwithstanding paragraph 1, may, however, continue to manage the companies s.m.b.a. KAB, trusts and housing associations and the private residences that are attached thereto which housing organisation managed by its approval in 1986.

(3). (1), (2). paragraph shall not apply to rental housing, owned by the real estate company TOR I/S.

§ 15. Home organization may, with the approval of the Board of Directors manage the operation of local private colleges that are not supported by public aid. It is a prerequisite that the Municipal Council has the right to at least one in four available authorizing housing. If colleges are located in another municipality than the one in which housing organisation has its head office, required approval from both the home municipality as location the municipality's Municipal Council.

§ 16. Housing organization can manage the operation of community associations, owners associations, farm-and vejlaug, etc.., in which the home organization, home organization's departments, managed housing organisations or their departments is a member.

Upkeep and maintenance of certain farm installations etc.

§ 17. Housing organization can establish and make deposits in a company, see. section 23, which performs maintenance and upkeep, etc. of the farm plants and other living areas, which are owned by other than housing organisation or a Department of this. It is also a precondition that the Organization has one or more residential housing departments or have been promised government support for the construction of public housing in the residential area, where the aforementioned backyard and living areas are located. It is a prerequisite that the Municipal Council approves the housing the Organization's disposition.

Social activities and leisure activities

§ 18. A housing organisation can implement social activities and leisure activities, including preventive work, see. section 37, paragraph 2, of the General boligloven. Activities should be primarily aimed at residents in one or more departments of housing organization or in general wards, which is administered by the home organization. Similarly, a Department initiate such activities within the Department. It is a condition that is not a solution of a municipal task.

(2). The individual housing organization or each Department shall be liable only for its share of the costs.

(3). The shell of a note to the Housing Department for the organization or the individual annual accounts indicate, which costs the operation of activities has strained the housing organization or Department.

(4). For in a Department incurred expenditure to a social activity in which other than the Department's residents will be able to participate, to be the Department's budget immediately after its approval, are submitted to the EDPS Municipal Council. The cost of the social activity must be set out in a note to the budget. The desire of an activity occurs, as mentioned in 1. paragraph, without the Department's budget is earmarked for the activity, the Municipal Council shall be informed about the activity and on the expenditure for this purpose. The Municipal Council has not within 3 months from the receipt of the budget or under direction responded, can the Department undertake the activity.

(5). The orientation of the Municipal Council, as referred to in paragraph 4, must not, however, take place with regard to

1) activities, as a housing organization entrepreneur as part of a master plan approved by the municipality in a problem hit residential area,

2) activities, which after leisure or other legislation already agreed between the home organization and the municipality, or

3) single events where participation by other than the Department's inhabitants happen unplanned and haphazard.

Internal technical advice and internal craft

§ 19. Housing organization can perform internal technical advice and internal craft. The execution must be carried out in a separate section of the housing organization. The services may not be sold to others, including to other social housing organisations, unless these are administered by the housing organization, or in the case of interoperability in the same settlement of two or more departments under various housing organizations. The benefits, however, must be sold to tenants in housing organisation or in managed housing organisations, departments, if the benefits are only related to the leased. There must not be carried out works in accordance with the applicable rules must be offered.

Deposits in approved administrative organizations and urban regeneration companies

§ 20. Housing organization can make deposits in general administrative organizations and in urban regeneration companies which are approved pursuant to the law on urban renewal or the former Act on urban renewal and housing improvement. The transfer must be proportionate to the housing the Organization's size and economic conditions.

Special urban regeneration companies

§ 21. Housing organization can establish and make deposits in a company, see. § 23, who as business manager responsible for conducting external urban renewal after the Act on urban renewal and the development of cities, the Act on urban renewal or the Act on urban renewal and housing improvement. It is a prerequisite that the Municipal Council approves the housing the Organization's disposition.

(2). The company may be responsible for domestic work, and must not, therefore, engage in commercial activities abroad.

Export companies

§ 22. Housing organization can establish and make deposits in a company, see. section 23, for sale abroad of knowledge on housing construction and housing management. It is a prerequisite that the Municipal Council approves the housing the Organization's disposition.

Deposits in page activity companies, etc.

§ 23. It is a prerequisite for the Municipal Board's approval of the housing organization's establishment and deposits in a company according to the rules laid down in sections 4, 10, 17, 21 and 22

1) that the company is a limited liability or anpartsselskab where housing organization owns at least 10 per cent of the stock or private capital,

2) that the company exclusively attached to it and be obliged by conditions that relate to the activities approved under the above rules,

3) to home organization only books with its deposits for the losses of the company,

4) that the company, if it carries on in sections 10, 21 and 22 of the mentioned activities, draw a professional liability insurance with an appropriate value insured against losses as a result of the Advisory error, and

5) to transfer shall be carried out according to prudent investment principles in order to achieve a normal return on the invested funds.

(2). Housing your organization can participate in the management of the company.

(3). The local authority shall, in conjunction with its approval decision on whether housing organisation should own all shares in the company.

(4). The Municipal Council may approve, that more of the activities referred to in paragraph 1, shall be exercised by the same company.

§ 24. Housing organization can lend employees and operating equipment and similar to the companies as the housing organization or managed housing organisations have made deposits in accordance with the rules laid down in sections 4, 10, 17, 21 and 22. It is a prerequisite that the housing organization will achieve full coverage of the cost of the loan.

Sale of knowledge of housing administration

§ 25. Housing organization can publish and sell publications and books, etc. as well as develop and sell management concepts and computer-based products and similar to the administration of housing built with public aid.

Idea-and architectural competitions

section 26. Housing organization can incur costs of idea-and architectural competitions in connection with the establishment of construction to which public aid is granted for General boligloven.

Chapter 4

The municipal supervision

§ 27. The Municipal Council shall ensure that housing the organization comply with the provisions of Chapter 3 of page activities. The Municipal Council may at any time require the housing organization for more information about each activity.

(2). If a housing organization activities contrary to municipal economic planning or relationship, including energy or social reasons, the Municipal Council to order the activity stopped.

(3). Find the Municipal Council that an activity does not fall within the field of social housing organizations core activities pursuant to section 6, paragraph 1, of the law on public housing, etc., or are the subject of Chapter 3 of this notice, to the Municipal Council to order the activity stopped.

section 28. Have a housing organisation made deposits in a company, see. § 23, controls the Municipal Council in the capacity of supervisory authority with home organization, home organization's involvement in the company or the company. The Municipal Council may request from the housing organization the information, as the housing organization by virtue of its deposits are held by the company or the company. The Municipal Council may order the deposit reduced or terminated.

Chapter 5

Criminal provisions

section 29. Execution of activities not covered by Chapter 3, or violations of the conditions specified in Chapter 3 of the execution of the activities, is punishable by a fine, unless a higher penalty is inflicted for other legislation. The same goes for violation of a municipal orders in accordance with §§ 27 and 28.

(2). That can be imposed on companies, etc. (legal persons) criminal liability in accordance with the provisions of the criminal code 5. Chapter.

Chapter 6

Date of entry into force and transitional provisions

section 30. The notice shall enter into force on the 1. January 2010.

(2). At the same time repealed Executive Order No. 876 of 3. October 1996 on page activities in social housing organisations, etc., with subsequent amendments, see. However, section 31.
section 31. Home organization can have the title deed on and manage the operation of the business areas that are established under section 3 (1) of Decree No. 876 of 3. October 1996 on page activities in social housing organisations, etc., with subsequent amendments in accordance with the conditions laid down in that provision. section 31 (1) and (2) and section 32 of the Ordinance, which is mentioned in 1. paragraph, shall continue to apply on those activities.

(2). The provision in § 3, paragraph 2, of Decree No. 876 of 3. October 1996 on page activities in social housing organisations, etc., with subsequent amendments shall continue to apply on administration of construction and operation of commercial areas, as neither the housing organization or Department has the title deed. It is a prerequisite that the management agreement is concluded before 1 January 2002. January 2010. The Administration Agreement may not be extended or renewed at maturity. section 31 (1) and (2) and section 32 of the Ordinance, which is mentioned in 1. paragraph, shall continue to apply in the said activity.

(3). The provision in article 6 of Decree No. 876 of 3. October 1996 on page activities in social housing organisations, etc., with subsequent amendments shall continue to apply to the ownership and administration of the construction and operation of vacation rentals. It is a prerequisite that the accommodation is established or binding contracts to that effect have been concluded with a seller of a property or with consultants or contractors before the 1. January 2010. section 31 (1) and (2) and section 32 of the Ordinance, which is mentioned in 1. paragraph, shall continue to apply in the said activity.

(4). Housing organization can on existing conditions maintain deposits in Danish craft, see. section 17 of Decree No. 876 of 3. October 1996 on page activities in social housing organisations, etc., with subsequent amendments. section 28, section 31 (1) and (2) and section 32 of the Ordinance, which is mentioned in 1. paragraph, shall continue to apply in the said activity.

(5). Housing organization can on existing conditions maintain deposits in Danish companies, which have as a substantial purpose of which is to provide goods, services or construction services to social housing organisations or departments referred to in article 6. section 18 in in Decree No. 876 of 3. October 1996 on page activities in social housing organisations, etc., with subsequent amendments. section 28, section 31 (1) and (2) and section 32 of the Ordinance, which is mentioned in 1. paragraph, shall continue to apply in the said activity.

(6). A public administration organisation can at present conditions maintain deposits in the former subsidiary organisations, see. § 20, 3. paragraph in Decree No. 876 of 3. October 1996 on page activities in social housing organisations, etc., with subsequent amendments. section 31 (1) and (2) and section 32 of the Ordinance, which is mentioned in 1. paragraph, shall continue to apply in the said activity.
The Interior and the Ministry of Social Affairs, the 15. December 2009 Karen Ellemann/Mikael Lynnerup K