Decree On Support For Public Housing, Etc.

Original Language Title: Bekendtgørelse om støtte til almene boliger m.v.

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=129024

Overview (table of contents) Chapter 1 scope etc.

Chapter 2 BOSSINF-STB

Chapter 3 the acquisition price components, etc.

Chapter 4 the maximum amount

Chapter 5 Land borders, etc.

Chapter 6 aid application and pledge support

Chapter 7 Special rules of supply

Chapter 8 operating budget and total economic assessments

Chapter 9 Construction commencement

Chapter 10 residency

Chapter 11 homes for young physically disabled under 60 years of age, people with dementia, people with significant and permanently reduced physical or mental functional ability and homes for temporary relief

Chapter 12 grants to service areas

Chapter 13 Housing contribution

Chapter 14 the disbursement of loans, grundkapitallån and performance support

Chapter 15 Complaint provisions

Chapter 16 entry into force

Annex 1

Annex 2

Annex 3

Annex 4

Annex 5

Annex 6 The full text of the Decree on support for public housing, etc.

Pursuant to section 73 (4), article 100, paragraph 4, § 102, section 112, § 113, § 115, paragraph 9, article 118, paragraph 3, article 143, paragraph 3, section 149, § 157, paragraph 4, section 160, section 178 (3) and (4) and section 184 of the law on public housing, etc., see. lovbekendtgørelse nr. 1204 by 10. December 2009 shall be fixed:

Chapter 1

Scope, etc.

§ 1. The notice applies to

1) establishment of General family homes, youth homes and senior housing pursuant to section 115 of the law on public housing, etc.,

2) establishment of self-governing youth housing pursuant to section 117 of the Act on public housing, etc.,

3) establishment of service areas within the meaning of section 140 of the Act on public housing, etc.,

4) loans with subsidy pursuant to section 73 of the Act on public housing, etc., and

5) renovation of youth housing pursuant to section 100 of the Act on public housing, etc.

§ 2. Construction covered by section 1 may not receive aid for the establishment in accordance with the Act on urban renewal and housing improvement, law on urban renewal and the Act on urban renewal and development of cities. The costs of clearing the ground is the exception.

§ 3. When used in this notice the terms application form A, form B and C, refer to the application form application form ABC, drawn up by the Interior and the Ministry of Social Affairs, or equivalent information submitted in any other form.

Chapter 2

BOSSINF-STB

§ 4. The Municipal Council is obliged to report to the Ministry of the Interior and of Social information and management system BOSSINF-STB, in accordance with the provisions of this Ordinance.

(2). The developer is required to digitally transmit all necessary information to the local authority for the purposes of his reporting in accordance with paragraph 1.

(3). The details of the developer's reporting of information and Municipal Board of Directors reporting to BOSSINF-STB are contained in chapters 6 (commitments), Chapter 9 (commencing construction), Chapter 10 (residency) and chapter 14 (payment). In addition, specific provisions are laid down for the transmission through the establishment of service areas in Chapter 12.

(4). Reporting of commitments (application A) must, in order to be applicable in the same financial year, which take place the undertaking has been notified.

(5). In those cases in which the Regional Council is the Builder or leave others to be Builder, see. § 115, paragraph 4, of the law on public housing, etc., made reporting to BOSSINF-STB of the Municipal Council of the municipality in which the accommodation establishment.

§ 5. Payment of governmental performance support, payment of one-off grants, payment of grundkapitallån, the shedding of the loan offer, the disbursement of loans and the shedding of warranty statement from the municipality can only take place on the basis of the information reported to the BOSSINF-STB.

§ 6. Councillor becomes aware that a project is not properly reported in BOSSINF-STB, rests with the Municipal Council to arrange for error reporting. Error reporting can not immediately be corrected, shall inform the Councillor for the Interior and the Ministry of Social Affairs, which then causes the error corrected. Any costs thereby incurred by the municipality.

§ 7. The municipal administration of and reporting to the Board of Directors BOSSINF-STB shall be revised in accordance with the provisions of the Ministry of the Interior and Social Audit instructions to that effect, see. Annex 1.

Chapter 3

Acquisition price components, etc.

§ 8. In the acquisition cost of the building works or the works carried out, all expenses included, including the costs of implementing the support case, etc., with the exception of the costs of service areas referred to in article 60, paragraph 1.

(2). Expenses qualifying for reimbursement in accordance with other laws, however, are kept outside the acquisition referred to in paragraph 1.

(3). Acquisition price individual items of expenditure must each be reasonable in relation to the design and construction of the project or the content and must be able to remain within the maximum amounts applicable to the construction, see. § 14.

(4). No aid shall be granted to business premises.

(5). Acquisition cost including tax, contributions to Construction damage Fund, fee to the municipality, handling fee for Economy Agency, articles of commissions for the credit institution to the recording of loans and fees to the State pursuant to section 107 of the Act on public housing, etc., are stated in EUR million. DKK with 3 decimal places. Rounding shall be carried out according to the usual rounding rules.

§ 9. The purchase price for an existing developed property acquired for the purpose of establishment of supporting social housing, must not exceed a fixed amount cash last general assessment or re-assessment under section 3 or section 4-evaluation after the law on the assessment of the country's real estate.

§ 10. The purchase price for an undeveloped property, acquired with a view to the establishment of public housing must not exceed a fixed amount cash price in trading and vandel.

§ 11. For the construction of housing on an undeveloped property, the value of the property can be included in the acquisition cost, regardless of that there is no expenditure on land acquisition. The value must not exceed the value measured in cash in trading and vandel.

(2). For the construction of dwellings by conversion of an existing property of the property's value can be included in the acquisition cost, irrespective of the fact that there are no expenses for property purchase. The value measured must not exceed the cash recent common assessment on schedule A time or re-assessment under section 3 or section 4-evaluation after the law on the assessment of the country's real estate.

(3). Through the establishment of tagboliger under section 115 (1) (8). 8 of the law on public housing, etc. can be the value of the unused take take or right to påbygge additional storeys will be included in the acquisition cost. The value must not exceed a fixed amount cash price in trading and vandel.

(4). Establishing a municipality social housing on a portion of an existing property, which is not excreted to the original land or condominium, fixed the value of the part of the property, as part of the acquisition cost, proportionally on the basis of the total real estate value was established in accordance with paragraph 2.

(5). For the construction of dwellings by conversion of or addition to the properties, which were previously announced commitment of public aid pursuant to build support, student aid, housing, elderly housing, or general housing law, the existing property value is not included in the acquisition cost.

(6). The provision in paragraph 5 does not apply to rebuilding of parts of an existing Department and by extension, which carried out independent udmatrikulering or condominium Division. The purchase price must be included in the project acquisition according to the rules laid down in paragraph 2, as the proceeds of the transfer should be used to reduce deposit borrowing in the existing property.

§ 12. By commitment to support the renovation of housing is included in the acquisition cost an amount of 0.5% of the approved acquisition at the time of the start of work to cover on the one hand, a 1-year overhaul, beginning no earlier than 4 months and be completed no later than eight months after delivery, on the one hand, a 5-year overhaul, beginning no earlier than 50 months and be completed no later than 53 months after delivery. The inspections arranged by the housing organization or the independent housing institution and shall be carried out in order to assess the building shared mode, which is referred to in the undertaking, and record any failures and damages and, if possible, to shed light on the reasons for them. The 2 overhaul completed with the submission of reports.

(2). The amount referred to in paragraph 1, no later than the time of delivery for the workers placed in an escrow account in a financial institution. Påløbende interest attributable to the account deposit.

(3). The inspections shall be carried out by a construction expert who has experience in building inspection and building design. The construction experts are not allowed to have or have had with the implementation or operation of construction to do as an owner, Advisor, contractor, supplier, supervisory authority or building manager, see. However, section 29, paragraph 3. 5-years after the sight must not be carried out by those who have conducted one year after the apparition.

(4). The building is across the street from the housing organization or experts the self-owned housing institution responsible in accordance with Danish law general liability policies for maladministration by the task solution. Responsibility may by agreement be limited in value. Responsibility shall cease 5 years after the issuance of the inspection report to the housing organization or the self-owned housing institution.


§ 13. The provisions of §§ 9-11 used similarly on the commitment of grant for the establishment of service areas, see. § 57.

Chapter 4

Maximum amount

§ 14. It is a condition of Municipal Board's commitment to the establishment of housing pursuant to section 115, paragraphs 1 to 5, and section 117, paragraph 1, of the law on public housing, etc., that the finally approved the acquisition does not exceed the maximum amount applicable on the date of commencement of the basic regulation. (2).

(2). The maximum amount of acquisition cost per square metre of living space be established for commitments from and with the 1. July 2009 onwards for the areas listed in annex 4. The maximum amount of acquisition cost per square metre of living space be established for commitments from and with the 1. January 2008 up to and including 30 June. June 2009 for the areas listed in annex 5. The area is calculated according to the rules laid down in section 18. The maximum amount is adjusted accordingly once a year per 1. January in accordance with the increase in an index, where the increase in the net price index respectively, the increase in the labour cost index for the private sector over a 12-month period, each a weighting of 50% 12-month period ending in september, the net price index for the previous year and for the labour cost index in the private sector in May the previous year. The regulated maximum amount shall be published in the Official Gazette.

(3). Index adjustment of contract sum, after the expiry of the fixed price can be included in the acquisition cost in addition to the maximum amount provided for in paragraph 1.

§ 15. For commitments under section 115, paragraphs 1 to 5 and § 117, paragraph 1, of the law on public housing etc. communicated from and with the 1. July 2009 increased the maximum amount with an energy surcharge of 1,020 € per m² of living space for multi-storey buildings and 880 € per m² of living space for low construction (without horizontal apartment divisions). § 14 (2), (3). and (4). paragraph shall apply mutatis mutandis for the regulation of energy allowance paid, see. Annex 6.

(2). New build with commitment as referred to in paragraph 1 must comply with the power consumption requirements for low energy buildings class 2 in building regulations 2008, until a new building regulations will come into force.

(3). Energy surcharge pursuant to paragraph 1 to the commitment to on-and extension as well as rebuilding applies only to undertakings that shall be granted in accordance with that a new building regulations came into force, unless on-and the extensions as well as meeting places meet the energy requirements, referred to in paragraph 2.

Chapter 5

Land borders, etc.

§ 16. Residential area for general family homes and General senior citizen can including any common premises constitute up to 110 m² on average per dwelling, without prejudice. However, paragraphs 2 and 3.

(2). Each home's area may not exceed 115 m².

(3). The Municipal Council can regardless of the provision in paragraph (2) allow the General family homes will be built with a living area larger than 115 m² with a view to letting of dwellings for the households with at least 4 members, of which at least one Member is strongly reduced mobility. Contains tenement housing exclusively after 1. paragraph, paragraph 1 shall not apply. Included homes after 1. item as part of a settlement, leaving the land for these homes attributed to a proportion of any common premises, calculated in proportion to the number of dwellings in the basis for calculating the average area in accordance with paragraph 1.

§ 17. Residential area for a non-profit youth accommodation may not exceed 50 m².

(2). General youth homes, be provided as multi compartment housing must have independent kitchen or kitchenette and bath and toilet. The Municipal Council may, however, accept that these requirements be waived by retrofitting existing buildings.

(3). For General youth homes that can be furnished without independent kitchen or kitchenette, must be geared to the communal kitchen.

§ 18. Residential area in §§ 16 and 17 is calculated as the gross floor area of the property in accordance with the rules laid down in accordance with the law on construction and Housing registration.

Chapter 6

Grant application and pledge support

Application, etc.

§ 19. The developer shall transmit digital support application (application form) to the Municipal Council. The application must be attached to the material, which is referred to in section 22, 1. point, and Moreover, the information on which the Municipal Council shall require.

(2). The Municipal Council can make commitments in connection with conditions, including the special conditions which may give rise to the specific project.

(3). The Municipal Council may require the material that is necessary for the examination of the application.

§ 20. The developer shall, as appropriate, taking into account its very size, nature and complexity of the building carry out a systematic assessment of whether a specific construction task should be implemented as a single supply.

(2). The developer shall also, as appropriate, taking into account its very size, nature and complexity of the building carry out a systematic assessment of whether a specific construction task must be carried out on the basis of a partneringaftale.

(3). The systematic reviews in accordance with paragraphs 1 and 2 may include the developer's assumptions and desire for influence in building the case as well as market opportunities.

(4). The developer must secure documentation for consideration in accordance with paragraphs 1 and 2.

§ 21. The necessary level basis, including usually a local level must be provided and the plan registered in the register before the commitment Level can be given.

§ 22. By alteration or extension to an existing property must be a førsynsrapport. The Municipal Council must, on the basis of this decide whether the building is suitable for conversion.

§ 23. The recipient must have title deed on the property of the undertaking and shall stand as customer for the loans, which admitted to financing of construction. It must be documented across from the Municipal Council, that there is no later than the commencement of construction in the absence of things like final title deed on the property, see. However, paragraph 2.

(2). The period referred to in paragraph 1, for the registration can be postponed if registration alone is subject to land development authorities consent and on condition that the developer at the time of commencement of construction can prove that obtained prior authorisation from these authorities that the subdivision will be implemented.

(3). The requirement of title deed on the property, which is referred to in paragraph 1 may be waived if the building will be built on leased land. The developer must, however, opposite the Municipal Council prove that signed rental agreement on the property.

Commitments

§ 24. By the undertaking to the Municipal Council take account of rental (property tax) size for the respective housing and the rental options, resulting therefrom.

§ 25. Municipal Board shall notify the client a written undertaking under the conditions imposed by the law on social housing, etc. and this Ordinance. The local authority shall carry out at the same time, reporting to BOSSINF-STB, cf. § 4. By pledge grants to service areas make Municipal Council reporting to the BOSSINF-STB under section 59 (1) and (2). By notification of the undertaking informs the municipality developer on the project BOSSID (identity number).

(2). By undertaking to General senior housing or service areas, where the municipality is the Builder, is regarded as the undertaking given, when the Municipal Council has approved the acquisition price components, see. Chapter 3 of the housing and see. section 60, paragraph 2, of the service areas.

section 26. The written commitment to housing can only be notified when the Municipal Council has ensured that the provisions of Chapter 3 and 5 and this chapter have been met.

(2). By pledge grants to service areas shall ensure that the provisions of the municipal sections 9-11, §§ 21-23 and section 25 are met.

§ 27. For General senior citizen shall in particular ensure that municipal Council

1) dwellings by conversion projects will be substantially better suitable for the elderly and people with significant and permanently reduced physical or mental functional ability, and that redevelopment is pervasive, and

2) occupational health and safety legislation are complied with for housing, be provided for particularly dependents, which assigned caregivers.

(2). In General older homes that belong to an independent institution, must also ensure that the Municipal Council independent institution is founded, that the statute complies with the rules laid down in the law on social housing, etc. or rules thereunder, and that the appointment of a Board of Directors.

section 28. By General youth homes, belonging to an independent institution, the local authority responsible for ensuring that the independent institution is founded, that the statute complies with the rules laid down in the law on social housing, etc. and the rules thereunder, and that the appointment of a Board of Directors.

section 29. For youth homes undergoing renovations must particularly ensure that municipal Council

1) there is a condition report (førsyn) with a description of the proposed implementation of the renovation works, see. § 22,

2) there is an account of the institution's or Department's economy, including specially held in reserve accounts,

3) there is a calculation of the required rent increase after the implementation of the workers,

4) there is information about whether or not they used contractors or consultants have participated in youth housing construction, see. (3)

5) there is information that the inmate democratic body of the applicable rules have acceded to the implementation of the workers and the rent increase that follows, unless the local authority shall notify the imposition thereof, and

6) expenditures in technical terms are appropriate under the terms of an overall assessment of the necessary measures.


(2). The State report referred to in paragraph 1, no. 1, will form the basis for an assessment of whether the proposed expenditure is reasonable in relation to workers ' performance in technical terms, and how intrusive the relevant works may be. Report drawn up by an expert, who has build technical expertise and experience from construction practice. The experts shall draw up the report, must not have participated in the existing building construction, operation or maintenance and are not allowed to participate in the proposed construction implementation as an Advisor, supplier or the like, unless the local authority considers that there are special reasons to derogate from this requirement.

(3). The Municipal Council may in exceptional cases authorise used contractors or advisers involved in the renovation case.

section 30. When renovating youth housing may be commitment to the already initiated work that could not be postponed for security reasons, or who has been required as part of the examination of the impact of the road works, provided that the Municipal Council has been informed of the implementation of the workers.

Conditions

section 31. The Municipal Council must make as a condition of the undertaking that the provisions on the supply, price and time, responsibility, quality assurance, collection of facts and figures, building operation and maintenance, etc., referred to in annex 2, applies to the undertaking.

(2). The Municipal Council must put as a condition that the developer in its contracts for technical advice and in its construction contracts puts ABR and AB (in turnkey contract ABT) to reason without derogations. The Municipal Council may, in accordance with the received justification in exceptional circumstances approve derogations. There are first aid application shall be forwarded to the Municipal Council, concluded agreements which derogate from the provisions of the ABR, AB and ABT, derogations, as the Municipal Council cannot approve, waived before undertaking is given.

(3). The Municipal Council must make as a condition for commitments under section 115 and section 117 of the Act on public housing, etc., to the developer to use for Building damage inspection of the construction fund handing over information about defects in the building, which includes a breakdown of deficiencies in building components and a classification of the deficiencies after the gravity, into the Fund in connection with delivery of construction and within 2 months after delivery. The developer shall transmit information digitally to Build harm the Fund on the basis of a special scheme, drawn up by the Building damage Fund.

section 32. The Municipal Council must make as a condition of the undertaking that the developer must attach calculations after showing the project's compliance with applicable standards for bearing and stabilizing constructions. The Municipal Council must, on the basis thereof, assess whether the project meets the requirements of the construction technical respect.

(2). The calculations referred to in paragraph 1, shall be made available at the latest at the same time with the application form, referred to in section 39 (1) (application form B). Is the master project is not produced on Schedule B-time, however, the developer must submit the calculations referred to in paragraph 1, prior to the grant of planning permission.

section 33. The provisions of § 19 (2) and (3), sections 21-23 and section 25, shall be applied correspondingly on the commitment of grant for service areas shall be established in the immediate association with older homes.

Chapter 7

Special rules of supply

§ 34. Construction workers must be offered in accordance with the rules in

1) lov nr. 338 of 18. May 2005 concerning the invitation to tender in the construction sector (quote Act) or

2) European Parliament and Council Directive No. 2004/18/EC of 31. March 2004 on the coordination of procedures for the award of public supply contracts, public service contracts and public works contracts (the public procurement directive).

section 35. By construction work, carried out with public support under section 100, section 115 and section 140 of the Act on public housing, etc., application of underhåndsbud approved by the Municipal Council. The works, which are not covered by private treaty bid, to be put out to tender.

(2). By construction work as referred to in paragraph 1 shall, however, 60 percent of workers put out to tender when workers carried out for the purposes of research, testing or development.

(3). The provision in paragraph 2 may be waived if the provider has obtained the approval of the Ministry of the Interior and Social construction works as an experimental, research or development project.

§ 36. Questions about violations of the provisions provided for in this chapter may be brought before the klagenævnet for Udbud.

Chapter 8

Operating budget and total economic assessments

section 37. The developer must digitally transmit updated operational budget for the Municipal Council in connection with the transmission of applications for commitment to support the construction project (application form A), for the approval of the acquisition cost before commencement of construction (application form B) and the final acquisition (application form C).

section 38. The developer's application for Municipal Board's approval of the acquisition cost prior to the start of construction (application form B) must contain a complete economic assessment based on application of the national building Fund's overall economy model, see. (2).

(2). The overall economic assessment must contain a present value calculation for estimating the annual cost for each of the building's roof, facades and Windows parts. There should also be a corresponding overall economic assessment of at least one appropriate alternative for each part of the building, which is mentioned in 1. paragraph Other building elements can be included in the project's overall economic assessment.

(3). For conversion projects it can be omitted to make the overall economic assessment referred to in paragraph 1, for building components that are not or only to a very limited extent covered by the redevelopment.

(4). The developer must at the same time with the application under section 39 (1), digitally transmit the total calculation basis including alternative calculations for the final overall economic assessment for the national building Fund.

Chapter 9

Construction commencement

§ 39. The developer shall, within 9 months after undertaking date digital report the information that forms the basis for the approval of an acquisition before construction commences (application form B) to the Municipal Council.

(2). The developer must simultaneously with the transmission of the information referred to in paragraph 1 to submit a plan for the management of logistics on the building site. The plan must contain principles for constantly updating and adjustment of the plan in the construction period.

(3). Councillor does not receive information in accordance with paragraphs 1 and 2 shall be abolished the undertaking. The time limit referred to in article 6. paragraph 1, shall be counted from the issuance of Municipal Board's written undertaking under section 25.

§ 40. Before the approval of any acquisition before construction commences shall ensure that the conditions in respect of the Municipal Council after the law on social housing, etc., and after this notice, as well as other regulatory requirements are complied with.

§ 41. The Municipal Council approves the acquisition cost before commencement of construction taking into account rental (property tax) size and the resulting rental options, see. also, section 24. Construction workers may not commence before approval is available, see. However, section 30.

(2). Approval of the acquisition cost shall be communicated to the client in writing and reported at the same time to BOSSINF-STB.

(3). The approved acquisition after paragraph 1 forms the basis for the disbursement of loans at the same time, without prejudice. section 62 (1) and (2).

§ 42. The acquisition of project approved at the commencement, is binding. Councillor may nevertheless approve the additional costs taking into account rental (property tax) size and the resulting rental options, see. section 24 and section 48 (5).

section 43. The Municipal Council shall fix a time limit for the start of construction. The Municipal Council can approve exceeding the stated deadline or let the undertaking may be canceled. The developer shall notify the commencement date for the Municipal Council prior to the actual start of construction.

§ 44. Under construction or implementation leads the Municipal Council workers ' compliance with the conditions and the special conditions of the grant are complied with.

§ 45. The Municipal Council shall, after the commencement of the construction approve all significant changes in project implementation. The developer shall transmit digital information thereon to the Municipal Council, with a view to his reporting to the BOSSINF-STB.

§ 46. The provisions of sections 39 and 40, section 41 (1), (2). point, and (2) and § § 42-45 used similarly on the commitment of grant for the establishment, etc. of service areas in association with older homes.

Chapter 10

Residency

§ 47. The Municipal Council shall ensure that the conditions for the aid provided for in the law on social housing, etc. and this notice as well as the specific conditions under which the Municipal Council have tabled, have been complied with.

(2). The Municipal Council shall ensure furthermore that the developer shall submit an application for approval of the final acquisition, that contains the information to be taken into consideration for approval.


section 48. The construction company for the construction of the building is calculated per cut-off date, that is to say, the last home's completion conferred until 2 months to completion of – to make. Build accounts forwarded no later than 6 months after the reference date. In the building accounts include all expenses, including commissions paid on belåningen of incorporation up until the reference date, and any revenue, including rental income or property tax, deduct the portion of the acquisition cost, qualifying for performance support or one-time grants. The developer shall transmit the digital construction company, which as a minimum should contain the same information as application form (C), to the Municipal Council. The Municipal Council may approve extensions of deadlines for the submission of construction company.

(2). For commitment to support the renovation of housing and for the commitment of grants for construction of service areas reported construction company, when workers are finished, and the date for completion is considered as the reference date. (1), (2). and 5. paragraph, shall apply correspondingly.

(3). Construction company, including documentation of amounts authorised, be audited by a registered or certified public accountant. Construction accounts for municipally owned General senior housing and General senior citizen, owned by a region shall be revised in accordance with the provisions of section 25 (2), (3). and (4). paragraph, of the law on public housing, etc.

(4). All expenses must be definitively ascertained in the reporting of building accounts, see. However, paragraph 6. Are there in the building accounts specified expenses incurred by the Municipal Council cannot approve, the acquisition cost shall be reduced accordingly. Expenses that can be attributed to improper organisation of construction, and that for this reason after a concrete assessment cannot be approved by the Municipal Council, may be financed by shortening in administrative, Advisor and byggesagshonoraret. The approved construction accounts, including the final cost of the fee, must be reported to the BOSSINF-STB.

(5). Exceeded the maximum amount after chapter 4, held the overrun of the developer. Is operator also Builder, covered the crossing of byggesagshonoraret, possibly. supplemented by grants from the housing organization's equity. The breach may not be financed by a rent increase.

(6). There may be placed on the market amounts to individual expenditure after transmission of the construction company. Revised documentation, see. (3) in these amounts must be forwarded to the Municipal Council no later than 6 months after the construction company's approval. The Municipal Council may extend the time limit. By extension, there should be reporting to the BOSSINF-STB. The time limit is not complied with, shall be reduced by the acquisition cost of the unproven deposed amount.

§ 49. Municipal Board shall notify the developer a written approval of the final acquisition. At the same time as the notification to the client making the Municipal Council reporting to the BOSSINF-STB, cf. § 4.

§ 50. The provisions of section 47, § 48, paragraphs 3, 4 and 6, and section 49, see. section 59, used similarly on the commitment of grant for service areas shall be established in the immediate association with older homes.

Chapter 11

Housing for young physically disabled under 60 years of age, people with dementia, people with significant and permanently reduced physical or mental functional ability and homes for temporary relief

§ 51. By new construction of social housing, which reserved younger physically disabled under 60 years, providing the State within the envelope, which shall be determined at the annual finance laws, a grant to cover municipal expenditure on basic capital.

(2). At the new building of the General senior housing, which is arranged in order to serve people with significant and permanently reduced physical or mental functional ability, and as reserved this persons, providing the State within the envelope, which shall be determined at the annual finance laws, a grant to cover municipal expenditure on basic capital.

(3). At the new building of the General family homes and senior housing, as reserved for persons with dementia, be granted within the envelope, which shall be determined at the annual finance laws, a grant to cover municipal expenditure on basic capital.

(4). At the new building of the General elderly housing for temporary respite homes for weak elderly, including dementia, be granted within the envelope, which shall be determined at the annual finance laws, a grant to cover municipal expenditure on basic capital.

§ 52. The Municipal Council shall ensure that the accommodation and any associated service areas adapted in order to respond to, respectively, the younger physically disabled residents ' special physical and social needs and the demented residents ' special needs.

§ 53. The Municipal Council must as conditions for the grant of aid commitment made subject, authorizing the right to housing.

(2). The Municipal Council, which has the right pursuant to paragraph 1, the authorising officer may enter into agreement with other municipal councils about authorizing the right to housing and on the allocation of the cost of capital and the allocation of the grant.

§ 54. In the context of Municipal Board's reporting of schema A to BOSSINF-STB Councillor shall report the number of dwellings that are reserved respectively younger physically handicapped and persons with dementia. Within the annual funding grant be reserved in the order that aid commitments are reported to the BOSSINF-STB.

(2). Reservation of grants on the basis of the application. In the context of Municipal Board's reporting of schema A to BOSSINF-STB Councillor shall report the number of homes that reserved people with significant and lasting physical or mental functional ability and reduced the number of homes that are used as temporary respite homes.

§ 55. The subsidy shall be granted as a one-off subsidy, which is paid by the earliest payout date, see. (2) in accordance with the Municipal Board's reporting of schema (C). The grant shall be paid to the municipality, which has announced the commitment of support.

(2). The financial contribution paid by the Danish Agency for the last business day of april or October, on the basis of the information reported to the BOSSINF-STB respectively on 31 December. March and 30 June. September.

section 56. Each year, not later than 15 July. February report Councillor for Economic Agency, the extent to which the homes the previous year have been leased to other than the eligible persons or used for anything other than temporary relief housing. Reporting certified by a chartered or certified accountant, see. Annex 3.

(2). Rented one of the homes within a period of 10 years from the reference date, in addition to other than the eligible persons, must grant under section 51, paragraphs 1 to 3 shall be refunded. Similarly, if a dwelling subject to section 51, paragraph 4, are not used as temporary relief housing. Which are, 1/10 of the total grants for the Department for each full year that at the time of the rental agreement is concluded or the modified application remains of the 10-year period.

(3). The Interior and the Ministry of Social Affairs may in exceptional cases authorise an housing rented out to persons other than the persons entitled or not used as temporary respite housing, without the subsidy must be repaid, or that the grant shall be refunded, to a lesser extent. When emphasis is placed on the number of homes for the physically handicapped, demented, younger people with significant and permanently reduced physical or mental functionality or for temporary relief in the Department, on the special social environment in the Department are maintained, and whether homes again are expected to be leased to the younger physically handicapped, demented, persons with significant and permanently reduced physical or mental functionality or used as temporary relief housing.

(4). The houses have been rented to persons other than the persons referred to in paragraph 1, or not been used for the temporary relief of the Ministry of the Interior and Social housing without approval in accordance with paragraph 3, traveling Economy agency demands for repayment of subsidies in accordance with paragraph 2. The Danish Agency may also claim for refund if the notification referred to in paragraph 1 has not been done.

Chapter 12

Grants for service areas

§ 57. The Municipal Council shall report, in accordance with article 3. § 4, BOSSINF-STB to the number of housing units, to which the commitment by municipal grants for construction of service areas by new construction or conversion in the immediate attachment to

1) newly built older homes or

2) existing older housing.

(2). Of the alert for BOSSINF-STB must appear, which ældrebolig settlements a service area shall be in close association with. In addition, the ældrebolig bebyggelsernes property numbers, builders, as well as the number of homes and residential units in each hamlet appear in the alert. In addition, the reported detection and account no. in the financial institution to which the subsidy is to be transferred.

§ 58. By existing older housing, see. section 57 (1) (8). 2, means older housing, which is communicated to the undertakings under section 25, as well as older homes that have received public aid pledged after the former law on housing for the elderly and persons with disabilities.

section 59. The submission of commitments, approval of construction beginning and final acquisition by residency must be declared by the Municipal Council to BOSSINF-STB.


(2). Reporting to the BOSSINF-STB must happen simultaneously with the release of commitments, approval of construction beginning and the final acquisition cost by residency. At the same time, reported the number of housing and residential units, which service areas shall be established in the immediate connection. Of the alert can be contacted on the extent to which service areas shall be established in close association with the newly established General senior housing or existing older housing. Each housing and housing provisions can only be used in one service area. Reporting of commitments to BOSSINF-STB must, in order to be applicable in the same financial year, which take place the undertaking has been notified.

(3). Payment of the governmental grant is done on the basis of the information reported in the Schedule C to BOSSINF-STB.

(4). The subsidy shall be granted as a one-off subsidy, which is paid at the earliest payout date, after Municipal Board's Schedule C reporting for both service areas as the housing, service areas established in association with.

(5). The financial contribution paid by the Danish Agency for the last business day of april or October, on the basis of the information reported to the BOSSINF-STB respectively on 31 December. March and 30 June. September.

section 60. In the incremental acquisition of service areas included all costs, including costs for the implementation of the grant proceedings, etc., all expenses are stated including VAT in EUR million. DKK with 3 decimal places. Rounding shall be carried out according to the usual rounding rules.

(2). Acquisition price of each expenditure must each be reasonable in relation to the design and construction of the project or content.

Chapter 13

Housing contribution

section 61. For General youth homes with commitments in fiscal year 2010 constitute housing contributed on an annual basis, 168 € per m² gross floor area of the property, see. § 18. For homes with commitments in the subsequent financial year adjusted this amount with the increase in the net price index over a 12-month period ending in september the previous year.

(2). For youth housing covered by the commitments announced in the period from the 1. January 1997 up to and including 30 June. June 2009 adjusted contribution once a year per 1. January with 75 per cent of the increase in the net price index. For youth housing covered by the commitments granted after 30 June. June 2009 adjusted contribution once a year per 1. January in the first 20 years after the recording with the increase in the net price index and then with 75 per cent of the increase in the index. The increase in the net price index is calculated for a 12-month period ending may, the previous year.

(3). Housing organization or the independent institution must be to inform the Danish Agency registration and account no. in the financial institution to which housing contributed to be transferred.

(4). Housing's contribution shall be paid in arrears on a quarterly basis the last business day of March, June, september and december. Housing contribution the first time 3 months after the recording. It is a condition for payment, to housing organization or the independent institution across the street from the Danish Agency documents, when the loan is recorded.

Chapter 14

The disbursement of loans, grundkapitallån and performance support

Loans

§ 62. Loans to general housing home be taken as early as possible and no later than when the last home is ready for move in. Loans for renovation, etc. of youth housing home taken when construction works are completed. Loans may not be taken home as forhåndslån.

(2). It is a condition for payment of the loan, that the Municipal Council has approved the acquisition cost before commencement and simultaneously conducted reporting for BOSSINF-STB, cf. § 41. There can only be paid in loan that corresponds to the current borrowing limit of the acquisition, approved by the municipality of BOSSINF-STB. Loans meted out in mio. DKK with 3 decimal places. Rounding shall be carried out according to the usual rounding rules.

(3). The loan type to be used for the funding referred to in article 6. section 73, paragraph 4, article 118, paragraph 3, of the law on public housing, etc., shall be published in the Official Gazette. Loan types, see. 1. item determines which loans that by borrowing the recording may be used for financing.

(4). The provisions of paragraph 1 1. paragraphs, and paragraphs 2 and 3, used similarly by the financing of General senior citizen, owned by a municipality or a region, with loans granted by the municipality of Credit.

section 63. Payment of the loan can be done in stages, where each stage constitute a self-contained functional unit.

section 64. By making the credit institution or municipality loan disbursement Credit reporting of loan-and forward information to BOSSINF-STB.

section 65. By the Municipal Board of Directors ' approval of the final acquisition and reporting thereof to BOSSINF-STB, cf. section 49, made the final financing of construction.

§ 66. Absorbed a larger loan than the finally approved the acquisition allows for loan must be reduced. It represents too much borrowings less than 1 per cent of the acquisition cost or for a maximum of 50,000 DKK, however, must not happen reduction. The additional cost of this equity is held by residents, without performance aid is paid to this part of the loan.

Grundkapitallån

section 67. Grundkapitallån be paid in connection with land acquisition and construction design and execution, see. section 125 of the Act on public housing, etc. It is a condition for payment, the local authority has announced commitments for construction and simultaneously conducted reporting for BOSSINF-STB, cf. § 25.

Performance support for social housing

section 68. Performance support for general housing shall be calculated on the basis of the final acquisition, as the Municipal Council has approved, in accordance with the provisions of Chapter 10.

(2). Performance support shall not be granted towards the costs of garages and carports. The municipal loan guarantee must, however, also include the part of belåningen relating to garages and carports.

section 69. Performance support for general housing shall be paid with effect from the withdrawal of the individual loans on the basis of the loan-and forward information that is reported by the credit institution or municipality Credit to BOSSINF-STB, cf. section 64. The payment is done in arrears in affiliation with the deadlines set out in the letters. pawn

section 70. The municipal share of performance support, see. section 73, paragraph 4, and section 100, paragraph 4, of the law on public housing, etc., shall be published in the Official Gazette. They thus published percentages are crucial for local government remuneration of performance support for the simultaneously published loan types, see. section 62, paragraph 3.

§ 71. Deposits Government securities and municipal loan reminder for the inclusion of loans for renovation under section 100 of the Act on public housing, etc. and for loans to about-and extension, etc. of colleges or youth homes that have received State aid for construction after building support, student aid or boligbyggeri legislation.

Chapter 15

Complaint rules

section 72. Municipal Board's decisions after this Ordinance cannot be brought before another administrative authority.

Chapter 16

Entry into force of the

section 73. The notice shall enter into force on the 1. January 2010

(2). At the same time repealed Executive Order No. 643 of 15. June 2006 on support for social housing, etc., see. However, paragraph 3.

(3). section 36, paragraph 2 and annex 3 of Decree No. 643 of 15. June 2006 on support for social housing, etc., shall continue to apply up to and including 31. March 2010.
The Interior and the Ministry of Social Affairs, the 11. December 2009 Karen Ellemann/Mikael Lynnerup K Annex 1

The Interior and the Ministry of Social Affairs, the 11. December 2009

Instructions for the revision of the municipal administration of and reporting to the Ministry of the Interior and of Social information and management system (BOSSINF-STB)

§ 1. Municipal Board of Directors reporting to BOSSINF-STB should be revised, since public aid shall be paid on the basis of this information.

§ 2. The review carried out by the municipalities selected auditor and shall be carried out in accordance with good public auditing practice.

§ 3. In the review be checked it that established business processes and systems in place to ensure that the local authority is in compliance with the applicable rules and comply with their responsibilities and obligations in the arrangements that form the basis for the reports to BOSSINF-STB, and that the reported information is correct, complete and in accordance with the basis of the alert. It shall be verified that these procedures are complied with.

§ 4. The review can be carried out by sampling show studies.

§ 5. Becomes auditor aware of offences or breaches of other requirements essential for calculating and payment of public support, the auditor must ensure that the Municipal Board within 3 weeks from the auditor's determination of relationship gives Economy Agency in writing. Disclosure of these relationships is introduced in the audit Protocol and should be included in the annual auditor's statement.

§ 6. The Municipal Council must give the auditor assistance, information and access to carry out investigations, in so far as the Auditor considers it necessary for the performance of his duties.

§ 7. Auditor of the audit made annually declares itself by no later than the 1. July in the following year to submit auditor's Declaration, which is reprinted in this annex, the completed able to Finance Agency.

§ 8. The script has effect from 1. January 2010.

The Interior and the Ministry of Social Affairs

(annex to the audit instructions)

Auditor's statement on the municipal administration of and reporting to the Ministry of the Interior and of Social information and management system (BOSSINF-STB)









 






Auditor's statement

We have verified that the Municipality made administration of _____________________ of and reporting to the Ministry of the Interior and of Social information and management system (BOSSINF-STB) for year _______ follows the rules of the Ministry of the Interior and Social order of 11. December 2009 on support for public housing, etc.





 













The work performed

The controls are carried out in accordance with the provisions of the Ministry of the Interior and Social instruction of 11. December 2009 on the revision of the municipal administration of and reporting to the BOSSINF-STB.













 





Comments and reservations





 



 



 



 



 



 



 



 





Conclusion







Control has not given rise to any comments or reservations beyond it possibly referred to above.





 





The



 



Phone:



 

 



 



 



 

 

 



 



(Position of the signature and stamp)



 



 





The Declaration shall be transmitted in the certified form to:





The Danish Agency





 



Residential and Business





 



Country count 4





 



PO box 2193





 



1017 Copenhagen K





 



Tel: + 45 33 92 80 00





 



Fax: 33 92 88 96





 



Email: oes@oes.dk









Annex 2

Provisions adopted by the Municipal Council in accordance with this order section 31 shall ensure compliance with:

Executive Order No. 995 of 6. October 2006 on the construction works in the period 1. November to December 31. March.

Executive Order No. 169 of 15. March 2004 on quality assurance of construction work.

Act No. 338 of 18. May 2005 concerning the invitation to tender in the construction sector (quote Act).

European Parliament and Council Directive No. 2004/18/EC of 31. March 2004 on the coordination of procedures for the award of public supply contracts, public service contracts and public works contracts (the public procurement directive). 1)

Executive Order No. 623 of 23. June 2005 on building operation.

Executive Order No. 635 of 15. June 2006 concerning the inspection of buildings under Construction injury Fund.

Circular No. 152 of 7. October 1996 on municipal and County Municipal oversight with the supply of construction work in the Government-backed construction, published by the former Construction and housing agency.

Executive Order No. 624 of 23. June 2005 about damage coverage from construction damage Fund.

Circular No. 174 out of 10. October 1991 on price and time on construction works, with later supplements, published by the former Construction and housing agency.

Order of 15. December 2009 about ratios for general construction, etc.








 









1) Procurement Directive is used alone on contracting authorities.
Annex 3

The Interior and the Ministry of Social Affairs, the 11. December 2009.

Auditor's statement

Support for housing for young physically disabled, homes for persons with dementia, housing for persons with significant and permanently reduced physical or mental functional ability and homes for temporary relief

Municipalities that have received support for housing for younger physically handicapped, for homes for people with dementia, housing for persons with significant and permanently reduced physical or mental functional ability or homes for temporary relief, must each year by 15. February report on housing rent/use to Finance Agency.

It is reported for each project, about the homes in the prior year have been leased to other than the eligible persons or has not been used as temporary relief housing. The eligible persons are a) physically handicapped persons, as at the time of conclusion of the contract rent was under 60 years, b) persons with significant and lasting reduced physical or mental functional ability and c) persons with dementia.

Notification must be sent 10 times after the cutoff date once a year and must be certified by a chartered or certified accountant.

Please refer to the rules in the Cape. 11 in the order of 11. December 2009 on support for public housing, etc.









 





1. Municipality information







Name and municipality number



 





Address



 





Contact



 





Signature and date



 













 





2. Project information







BOSSIDENT





Total number of homes in project





The number of homes that have been

leased to other than the eligible persons, or which has not been used as temporary relief housing







(a) physically handicapped persons, housing) as at the time of the rental contract is concluded, was less than 60 years



 

 





b) housing for persons with substantially and permanently impaired physical or mental functional ability



 

 





c) homes for persons with dementia



 

 





d) temporary relief housing



 

 



 

 

 





If homes have been leased to other than the eligible persons or has not been used as temporary respite housing, reported it, whether there are given dispensation from the Interior and the Ministry of Social Affairs, see. paragraph 56 (3). The derogation shall in that case be attached.





 

 

 



 



Yes – a derogation shall be attached to the





No







Waiver granted from the Interior and the Ministry of Social Affairs



 

 



 

 

 





3. Auditor's statement

The foregoing information is controlled and is in accordance with the municipality's records. We/I hereby declare that the municipality complies with the conditions laid down in the Ordinance of the Ministry of the Interior and Social 11. December 2010 on support for public housing, etc.





 





Date





Company name/stamp





Signature





 

 

 



 

 

 





The form must be received in the Danish Agency each year by 15. February.









Annex 4

Maximum amount (excl. energy surcharge) for general housing with commitments from the 1. July 2009

(This year's price level, DKK per m² of living space)









 

 


 



 



Påbegyndelsesår





 



2009





2010







Family homes



 

 





The capital region





20,240





20,710







Aarhus, Skanderborg, otter, Holbæk, ringsted, Slagelse, Næstved and Sorø, Faxe Municipalities





17,260





17,660







Odense, Silkeborg, Vejle, Fredericia, Kolding and Horsens Municipalities





17,260





17,660







Other province





16,280





16,660







Senior housing



 

 





The capital region





25,130





25,710







Aarhus, Skanderborg, otter, Holbæk, ringsted, Slagelse, Næstved and Sorø, Faxe Municipalities





21,960





22,470







Odense, Silkeborg, Vejle, Fredericia, Kolding and Horsens Municipalities





20,830





21,310







Other province





19,650





20,110







Youth homes



 

 





The capital region





23,810





24,360







Aarhus, Skanderborg, otter, Holbæk, ringsted, Slagelse, Næstved and Sorø, Faxe Municipalities





20,830





21,310







Odense, Silkeborg, Vejle, Fredericia, Kolding and Horsens Municipalities





20,830





21,310







Other province





19,650





20,110





 

 

 









Note: the capital region includes the Copenhagen and Frederiksberg Municipalities, and the municipalities of the former Copenhagen, Frederiksborg and Roskilde Counties (including. Stevns Municipality). Moreover, the province includes the municipalities that are not municipalities in the capital region or Århus, Skanderborg, otter, Holbæk, ringsted, Slagelse, Sorø, Næstved, Faxe, Odense, Silkeborg, Vejle, Fredericia, Kolding and Horsens Municipalities.
Annex 5

Maximum amount for general housing with commitments from the 1. January 2008 up to and including 30 June. June 2009

(This year's price level, DKK per m² of living space)









 

 

 

 



 



Påbegyndelsesår





 



2008





2009





2010







Family homes



 

 

 





The capital region





18,280





19,090





19,530







Aarhus, Skanderborg, otter, Holbæk, ringsted, Slagelse, Næstved and Sorø, Faxe Municipalities





15,590





16,280





16,660







Other province





15,590





16,280





16,660







Senior housing



 

 

 





The capital region





24,070





25,130





25,710







Aarhus, Skanderborg, otter, Holbæk, ringsted, Slagelse, Næstved and Sorø, Faxe Municipalities





21,030





21,960





22,470







Other province





18,820





19,650





20,110







Youth homes



 

 

 





The capital region





21,510





22,460





22,980







Aarhus, Skanderborg, otter, Holbæk, ringsted, Slagelse, Næstved and Sorø, Faxe Municipalities





18,820





19,650





20,110







Other province





18,820





19,650





20,110





 

 

 

 









Note: the capital region includes the Copenhagen and Frederiksberg Municipalities, and the municipalities of the former Copenhagen, Frederiksborg and Roskilde Counties (including. Stevns Municipality). Moreover, the province includes the municipalities that are not municipalities in the capital region or Århus, Skanderborg, otter, Holbæk, ringsted, Slagelse, Næstved and Sorø, Faxe Municipalities.
Annex 6

Energy surcharge to the maximum amount of the general housing with commitments from the 1. July 2009

(This year's price level, DKK per m² of living space)









 

 

 



 



Påbegyndelsesår





 



2009





2010





 

 

 





Multi-storey buildings





1,020





1,040







Low construction (without horizontal apartment divisions)





880





900