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In accordance with the decision of the Parliament:
This law provides for an interest rate subsidy and a State guarantee in respect of a credit institution, an insurance company, a pension institution and a municipality ( Lender, ) The loans granted for the construction of rented dwellings. For the purposes of this Act, the purpose of the reform is to change the intended use of a significant part of the residential building or a significant part of such a building. Under this law, loans approved as interest rate loans are called: Interest rate subsidies .
The aim of the payment of interest payments is to promote employment in the construction sector in the event of an exceptional cyclical situation and to increase rental accommodation in areas where there is a demand for rented dwellings.
Interest rate loans may be authorised within the limits of the authorisation laid down in the State budget for 2009 and 2010.
The State Council may lay down regional and other criteria for the authorisation of loans. Interest rate support shall be directed at different areas and in different municipalities as appropriate.
The dwellings lent by an interest rate loan shall be suitable for habitation and residential and affordable housing. The construction shall be based on a competitive procedure, unless the Housing and Development Centre, for a specific reason, has granted a derogation.
Only a loan for which a contract has been awarded may be accepted as an interest rate loan, unless the Housing and Development Centre for Housing is exempted.
Interest subsidies are not eligible for loans and interest subsidies are not paid if the borrower has received interest subsidies or loans from State resources for the same purpose under other law.
A condition for approval is that the municipality is in favour of the project.
The loan terms, interest rate and other charges levied by the lender shall be reasonable in relation to the conditions, interest and cost of loans granted for similar purposes in relation to similar purposes.
Only a loan in euro can be accepted as a block loan.
The interest rate loan may be increased as equivalent or as a single instalment after completion of the building.
The shortening of the earring loan shall not exceed twice a year. The interest rate of the loan is made in these due dates.
The General Council Regulation may lay down more detailed provisions on the general terms and conditions of the subsidised loan.
The size of the interest rate shall be no more than 90 % of the approved building costs of the rented dwellings included in the target and the premises directly serving them, as well as the purchase of the property and the municipal technical exercise. Of reasonable costs incurred.
The basic deductible liability for the loan is 3,40 % of the interest rate. If the annual interest rate on the subsidised loan exceeds the amount of the basic ownership, the excess shall be paid in the interest rate subsidy of 75 % up to a maximum of 10 years for the raising of the interest rate loan or its first instalment.
The State Treasury pays the interest rate subsidy to the lender or the entity entrusted with it.
The amount and time of interest payments may be adjusted in more detail by a decree of the Government.
The Centre for the Housing and Development of Housing shall approve the loan as an interest rate loan.
Approval shall be conditional upon approval by the Centre for the Housing and Development of Housing of the site's building plans and costs. The Housing and Development Centre may authorise the start of work before approving plans and costs. If the work has started without authorisation, the loan can be accepted as an interest rate loan only for a specific reason.
Accepting the interest rate loan means that the borrower is expected to have sufficient conditions to repay the interest rate loan.
If rented dwellings are to be built on a rental land, the loan can only be accepted as an interest rate loan if the lease has prohibited the termination of the contract during a guarantee under Article 13. It must be possible to transfer land lease rights without consulting the owner of the property.
The State Treasury pays interest-rate subsidies to the lender on a half-yearly basis on the basis of the calculation made by the lender.
The application for payment of the interest rate subsidy shall be submitted to the State Treasury in good time and no later than 14 days before the date of payment of the interest. The first application for the payment of interest subsidies shall be accompanied by a copy of the interest-rate loan and the loan management plan.
The dwelling for which the interest rate subsidy has been granted must be used as a rental. The obligation shall cease when 10 years have elapsed since the first instalment of the subsidised loan.
The State Office shall, on the basis of a declaration from the borrower, exempt from the obligation to rent a dwelling or house before the end of the period referred to in paragraph 1, if:
(1) the share of the dwelling or house in the interest subsidy has been repaid;
(2) the State is exempt from liability under Article 13 in so far as it relates to the share of the dwelling or house in the interest rate loan; and
(3) at least five years have elapsed since the first instalment of the subsidised loan was raised.
For special reasons, the municipality may grant permission to use the dwelling during the period referred to in Article 10 (1) for purposes other than that of residence, where the authorisation concerns a small amount of housing. The permit may be issued, irrespective of the residual apartment area of the building or building block.
Before a change of purpose, the municipality is required to inform the Centre for the Development and Development of Housing, which may stipulate that the aid to the corresponding part of the dwelling referred to in the authorisation shall be discontinued. Interest rate subsidies cannot be abolished if dwellings are changed to residents'joint holdings or other residents' living conditions.
If the subsidised loan is transferred to a new owner during the lifetime of the rental obligation under Article 10, the payment of the interest subsidy shall continue only if the Centre for the Housing and Development of Housing considers the new owner to have adequate conditions The repayment of the interest rate loan and the borrowing of the interest rate loan as well as the obligations of the borrower in accordance with this law. Otherwise, the payment of interest subsidies to the portion of the loan to the assigned destination shall cease to exist.
The State shall be liable to the lender for the final loss of the principal, interest and other payments due to the insolvency of the debtor, in so far as the funds accruing from the security of the loan are insufficient to cover the loan outstanding. The payment of instalments, interest rates and other charges.
The State guarantee shall cover overdue, non-overdue repayment, interest and other payments due within 10 years of the date of the first instalment of the subsidised loan, and the interest of the late payment of interest thereon until then, Until the lender receives a performance from its assets.
If, during the guarantee period under paragraph 2, the borrower pays off the interest rate loan with a new loan, the Housing and Development Centre may also accept a new loan as an interest rate loan if it complies with the general conditions laid down in Article 5. The guarantee period shall be maintained in accordance with the original interest rate loan.
The interest rate loan shall be subject to other loans approved by the Centre for Housing and Development by means of better mortgage security or other security.
If, in addition to the interest rate loan, other loans have been taken for the implementation of the project, the Housing and Development Centre may, for a specific reason, decide that the mortgage guarantee for the interest rate loan is subordinated to the guarantee of the other loan. This requires a sum of up to 90 % of the reasonable cost of the project to be combined with a loan of up to 90 % of the project.
The reuse of the guarantee from the interest rate loan to a better priority shall be subject to the authorisation of the State Treasury.
The targeted target shall be kept sufficiently insured.
State resources are paid by the State Treasury to the lender in accordance with Article 13, where the final loss of the borrower is after the liquidation of the debtor and any other guarantor, and after the sale of the underlying assets. Resolved. The sale of the guarantee shall not be required if the debtor receives the (187/1993) In accordance with the procedure laid down in Article 4 (1) of the Treaty.
If, after payment of the guarantee allowance, the lender is entitled to repayment from the borrower, interest or other charges, the lender shall be accountable to the State Treasury. The Treasury is flooding the funds into the State Housing Fund.
Where the lender has not complied with the law, or a good bank or recovery method in the granting of interest subsidies or in the treatment of the interest rate loan or its collateral, and the procedure has breached the interest of the guarantor, the State Treasury may decide that the guarantee compensation Partly fails to pay. In the event of gross negligence on the part of the lender, the guarantee fee may be waived entirely.
The State Treasury shall have the right, subject to paragraph 2 or any other law, to recover the guarantee compensation paid to the lender in the form of a guarantee (633/1982) (1), with interest in the form of interest. The interest shall be calculated on the basis of the payment of the guarantee fee to the lender.
The State Treasury may, upon application by the borrower, decide that the guarantee fee paid to the lender shall be partially or wholly waived if the recovery is disproportionate, taking into account the other liabilities of the borrower and the execution of the guarantee exposures. The reasons.
The State Treasury is required to pay a retroactive effect to the State Housing Fund, with interest.
If the interest rate subsidy is repaid, the payment of the interest subsidy shall cease from the date of repayment of the loan.
Where the beneficiary of an interest rate loan has used borrowed funds for purposes other than that provided for under this law, or when applying for an interest rate loan, the beneficiary provided material misinformation or withheld information which is substantially affecting the acceptance of the loan. , The Housing and Development Centre may suspend the payment of interest subsidies and, in full or in part, commit the loan to the State Housing Fund with the interest rate which the State has paid for the loan.
If the place of residence restricted within the meaning of Article 10 has been used as a non-rented dwelling and is not a minor procedure, the Housing and Development Centre may abolish the payment of interest subsidies and oblige In full or in part, to the State Housing Fund, which is responsible for the unlawful conduct of the borrower, or of the owner of the shares which are responsible for the management of the rental or rental house; Paid.
On the basis of paragraphs 1 and 2, the owner of the shares liable to be repayable on the basis of paragraphs 1 and 2 shall be reimbursed by the owner of the shares liable to be repayable under paragraphs 1 and 2. From the date of payment to the date of repayment, interest Article 3 of the Corinth Act By the interest rate referred to in paragraph 2 plus three percentage points. If the refund or interest is not paid within the time limit, the amount due shall be paid at the annual rate of delay Article 4 of the Corinth Act According to the interest rate referred to in paragraph 1.
The Housing Finance and Development Centre and the State Treasury shall ensure that the lender and the lender act in accordance with this law. The lender must also ensure that the use of borrowed funds and interest subsidies comply with this law.
The borrower shall notify the loan, its terms and conditions of any subsequent amendment, the repayment of the interest rate loan and the late payment of the loan, and the recovery operations resulting therefrom to the State Treasury.
Notwithstanding the obligation of professional secrecy, the borrower and the lender shall be obliged to provide the Housing and Development Centre and the State Treasury with the information necessary for the enforcement of this law.
The State guarantee shall be subject to the condition that the lender shall ensure the interest rate loan and its collateral in accordance with this law and the provisions adopted pursuant to it and in compliance with good bank guarantees. During the period of validity of the State guarantee, the lender shall be obliged to inform the State Treasury of late payment of the loan.
The lender shall be obliged to supervise the interests of the State and to comply with the provisions of the State Office when the assets secured by the interest rate loans are converted into cash in the event of a foreclosure or bankruptcy. Any change to the Akordi or any other arrangement comparable to it, or the voluntary cash conversion of the assets in the interest rate loan, in a manner that is at risk, may be made only with the agreement of the State Treasury.
If the total amount of the loan exceeds the rate of interest rate in accordance with Article 6, the proceeds from the sale of the assets as collateral shall be used primarily to cover the interest of the subsidised loan in respect of this loan, except in the case of: An interest rate loan for the purpose of covering a loan with a higher priority. This shall be included in the loan agreement.
The Housing and Development Centre may impose a penalty payment on the borrower if the borrower:
(1) has provided the Housing Financial and Development Centre or the lender with interest subsidies in the case of an essentially false or misleading information or withheld information which is substantially affecting the acceptance of the subsidised loan;
(2) has provided the Housing Financial and Development Centre or the State Treasury with incorrect or misleading information or refused to provide the information requested by them in accordance with Article 19;
(3) has used a subsidised loan for the construction of non-rented dwellings; or
4) has used an interest-rate subsidised housing in contravention of Article 10 (1), and the municipality has not given the authorisation referred to in Article 11 (1).
The levy shall be equal to 1 % of the amount in accordance with Article 6 of the subsidised loan on the basis of the construction cost index. The fee shall be charged for each calendar month during which the borrower has acted within the meaning of paragraph 1 or has not corrected any false or misleading information under paragraph 1 (1) or (2). The Centre for the Housing and Development of Housing may reduce the amount of penalties if it would otherwise be rendered unreasonable.
The Centre for the Housing and Development of Housing shall provide a penalty payment within two years from the date of entry into force of the activity pursuant to paragraph 1, but no later than 10 years after the end of the erroneous activity After. The penalty payment will be paid to the State Treasury, which will flood it with the State Housing Fund.
The Centre for the Housing and Development of Housing may impose a penalty payment on the new owner referred to in Article 12, pursuant to Article 12, only if the new owner has known or should have known: Activities.
Any decision taken by the Housing and Development Centre or the State Office under this law may, within 14 days of the notification of the decision, seek a correction in writing. The adjustment requirement shall be made to the authority which made the decision, which shall address the objection as a matter of urgency.
The decision of the Centre for the financing and development of the Housing and Development Centre, which concerns a decision adopted pursuant to Article 8 thereof, shall not be claimed by any appeal. A change to the decision of the Centre for the Development and Development of Housing and the decision of the State Office in the event of an appeal is appealed against in the same way as the law on administrative law (18/06/1996) Provides.
The decision of the administrative court concerning the imposition of a penalty payment or the non-payment of a guarantee fee shall be subject to appeal by appeal to the Supreme Administrative Court. Otherwise, the decision of the administrative court may be appealed against, if the Council of State grants a licence.
More detailed provisions on the procedures for the application, approval, monitoring and reporting of interest rate loans and on the land lease agreement shall be laid down, where appropriate, by a decree of the Council.
This Act shall enter into force on 1 April 2009 and shall expire on 31 December 2010.
The law shall apply to loans, to the management and to housing financed by interest rates, even after the expiry of the law.
Before the law enters into force, measures may be taken to implement the law.
THEY 3/2009 , YmVM 2/2009, EV 17/2009
