Key Benefits:
ACT
of 26 October 1995
of certain forms of housing promotion
Article 1. [ Regulatory scope] [ 1] The Act lays down rules for the collection of savings, financing by the Bank Gospodarstwa Krajowego certain investment and construction projects aimed at the construction of dwellings for the rental and the rules of operation of the construction companies -
Chapter 1
Cash register
Article 2. [ Residential Kasa] 1. Within the meaning of the Act, the term "housing money" means the financial segregation of banks, which consists in the conduct of imitation savings and credit accounts and the granting of contractual loans.
2. Whenever there is a law in the law, there is:
1) the activities or events relating to the housing register, which must be understood by the activities and events concerning the housing bank;
2) savings-credit or contract credits-this is only to be understood by the accounts and loans provided and provided by the housing cash on the basis of the statute.
3. To the activity of the housing cash registers referred to in the paragraph. 1, shall apply in cases not governed by the provisions of the Banking Law and Civil Code.
Article 3. [ Bank activities] 1. The bank's subtracting of the activities referred to in Art. 2. 1, may take place after the amendment of the statutes, consisting in the extension of the scope of the bank's activity to that activity.
2. The liquidation of the resident bank or the possibility of depriving it of the possibility of doing so under supervision by the Polish Financial Supervision Authority requires the bank taking over the activity.
3. The acquiring bank shall enter into, by virtue of the law, the rights and obligations of the parties to the contract credit agreements. At the same time, liabilities and liabilities and other assets and liabilities related to the activities assumed are transferred to it.
4. The Polish Financial Supervision Authority will determine, by way of ordinance, detailed rules for the financial extraction of housing banks in banks and settlements between the bank, which has ceased running the housing register and the bank taking over the activity.
Article 4. [ Balances of savings and credit accounts] 1. The funds collected on the registered savings and credit accounts in the housing cassettes are austerity. These contributions are subject to a compulsory scheme for the guarantee of cash on bank accounts, and as to the amount of the contributions which, including the interest due, exceed the guaranteed amount - a supplementary guarantee to the State Treasury up to the amount specified by separate regulations.
2. The funds collected on the imitation of the savings and credit accounts in the housing banks may not be allocated to finance other liabilities of the banks than those related to the activities of the housing banks.
3. The funds collected in the savings and credit accounts of the housing cash register shall not be deducted from the reserve requirement referred to in Article 3. 38 par. 1 of the Act of 29 August 1997. o National Bank Polski (Dz. U. of 2005 No. 1, pos. 2, with late. zm.).
Article 5. [ Residential income] 1. The arrival of the housing register shall be:
(1) interest and commissions on contractual loans granted;
2) handling fees on payments made to savings and credit accounts;
(3) interest on deposits of funds in the bank's forward accounts;
4) proceeds from the investment of the cash register in securities issued by the State Treasury or the National Bank of Poland, or guaranteed or guaranteed by the State Treasury and in the pledges issued pursuant to the Act of 29 August 1997. about the lists of mortgages and mortgage banks (Dz. U. 2003 r. Nr 99, pos. 919, of late. zm.);
5) proceeds from the investment of the cash in the units of the money market funds shares referred to in art. 178 of the Act of 27 May 2004. o Investment funds (Dz. U. Nr 146, pos. 1546, as of late. zm.).
2. The sum of the investments referred to in paragraph. Article 1 (1), in one bank or a group of banks, whether or not related to each other, shall not exceed 15% of the sum of the funds collected in the savings and credit accounts in the housing unit.
3. The income of the housing register shall be allocated to cover:
(1) interest on savings in the savings rate;
2) interest on loans contracted at Bank Gospodarstwa Krajowego or in another bank;
3) the cost of running the register;
4) remuneration of the bank presenter the money, in the amount of up to 1% of the payments made to the savings and credit accounts.
4. The income of the housing register, reduced by the expenses referred to in paragraph. 3, it is intended to be used entirely for contractual loans and to maintain the current liquidity of the payment in connection with the activities of the cash register.
5. The surplus of the collected funds over the required obligations of the cash register resulting from the contractual credit agreements may be allocated to:
1) the acquisition of securities issued by the State Treasury or the National Bank of Poland or guaranteed or guaranteed by the State Treasury and the acquisition of letters of pledges issued pursuant to the Act referred to in the paragraph. 1 point 4;
2. the premises referred to in paragraph 1. 1 point 3;
3) the acquisition of units of funds of money market funds, referred to in art. 178 of the Act of 27 May 2004. o Investment Funds.
Article 6. (repealed).
Article 6a. [ Interest rate] 1. In order to ensure the current payment liquidity referred to in art. 5 par. 4, the bank providing the housing money may make available funds from other activities, and also borrow at another bank.
2. Part or all of the interest on the funds of the resident bank used for the transitional financing of the business of the housing fund and the interest rate subsidies on the loan taken out in another bank shall be borne by the Bank Gospodarstwa Krajowego from the Fund of the Dfees Fund.
3. The amount of interest on the measures referred to in paragraph 3. 1, covered by the reimbursement from the Fund of the toll, and the terms of their repayment shall be determined by the contract between the bank carrying out the housing money and the Bank Gospodarstwa Krajowego concluded before the granting of the loan.
(4) The amount of the interest rate on the borrowing of the borrowings in the other bank referred to in paragraph 4. 2, and the maturities of interest due shall be determined by the contract concluded between the housing bank and the Bank Gospodarstwa Krajowego and the Bank granting the loan.
Article 7. [ Savings state information] The Financial Supervision Commission will determine, by order, the mandatory scope of information concerning the state of the savings accumulated in the savings and credit accounts, the amount of the contractual loans granted and the timeliness of their repayment, and the revenue and cost of banks for the establishment of the housing cash registers.
Chapter 2
Contract Loan Agreement
Article 8. [ Contract Credit] 1. By the conclusion of a contractual credit agreement, the natural person undertakes to systematically collect the savings in the housing stock for the time marked, and the bank leading the housing cash register-to store savings and to grant after the expiry of that period, subject to Article 12 and 13, long-term housing loan.
2. The housing cels referred to in paragraph shall be referred to in paragraph 2. 1, are used to meet the borrowers ' own housing needs:
1) acquisition, construction, rebuilding, extension or superstructure of a house or a dwelling as a separate property;
2) obtaining a cooperative right to a dwelling or the right to a single-family home in a housing cooperative, or the right of a separate property of a dwelling;
3. the renovation of the house or premises referred to in points 1 and 2, except for the ongoing maintenance and renewal of the apartment;
4. repayment of a bank loan made for the purposes set out in points 1 to 3;
5) the acquisition of a building plot or its part for the construction of a single-family house or residential building in which the borrower's dwelling is or is to be located.
Article 9. [ Form of contract credit agreement] 1. The contract credit agreement shall be, under the rigorous of invalidity, concluded in writing and specifying at least the contracting parties, conditions of systematic saving, the amount of interest in savings, the obligation of the bank to conclude a loan agreement, o Article 2 12, together with the determination of the essential terms of the contract.
2. The Council of Ministers may determine, by way of regulation, the general terms and conditions of contractual credit agreements, in particular the provisions which the contract should contain, the obligation of saver and the obligation of the bank, the mode and form of the amendment of the contract, and the essential the terms of the credit agreement in order to safeguard the interests of the parties.
3. To contract credit agreements, in matters not regulated by the Act, the provisions of the Banking Law and the Civil Code shall apply accordingly.
Article 10. [ Savings period] 1. The period specified in the contract period of systematic saving cannot be, subject to the paragraph. 2, shorter than 36 months, counting from the day of the first deposit to the savings and credit account in the housing cages.
2. If, according to the contract, the savers show that for the purpose of the housing goal he allocated the savings contribution collected on the housing book together with the guarantee premium granted on the basis of separate regulations, the period of saving may be shortened, however, not more than by 12 months.
Article 11. [ Savings on savings] 1. The savings accumulated on the savings and credit account in the housing cash shall be remunulated at a rate of at least 0,25 of the remark in the National Bank of Poland, however, at a rate of not less than 2% on an annual basis.
2. Contractual loans shall be interest-bearing at a rate of not more than 0.50 the rate of reparation in the National Bank of Poland, however, at a rate of not less than 4% on an annual basis.
3. The amount of the contract credit shall not be higher than 150% of the accumulated savings plus accrued interest.
Article 12. [ Acquisition of credits to receive credit] 1. After the expiry of the contractual period of the systematic saving of the housing unit, it shall notify, within a month, the holder of the credit-saving account of the acquisition of the credit entitlement by the holder.
2. At the request of the savings account holder, the credit facility shall contain a credit agreement with the holder and grant credit for the housing purposes within three months of the submission of the application, unless the circumstances referred to in the paragraph have been made. 4.
3. The housing cassette shall grant credit in accordance with the provisions of Art. 11 if the repayment of the loan was secured with hypothetical or otherwise specified in the credit agreement.
4. If the repayment of the loan plus interest would be in doubt due to the lack of ability of the account holder to repay the loan or the lack of adequate collateral for the credit, the housing helmet may refuse to grant the loan.
Article 13. [ Prolongation of saving period] 1. The extension of the period of systematic saving after acquisition by the holder of the credit-saving account of the entitlement to receive credit requires the amendment of the contract credit agreement.
2. In the event that the breach of the conditions of systematic saving occurred during the period referred to in para. 1, the housing unit shall not withdraw from the contract if the account holder lodges a request for credit. The housing unit is obliged to inform the account holder of that entitlement.
3. If savings are not collected in accordance with the contract credit agreement, the housing cash register may specify additional conditions upon which the fulfilment of the credit will be allowed to be granted, or waive the contract.
4. In the event of temporary loss of the current liquidity of the payment of the cash register, the order in which the credit is granted determines the order in which the contract credit agreement is concluded.
Article 14. [ Account Holder Authority] The account holder shall, prior to the granting of the credit, terminate the contract at any time by requiring payment of the accumulated savings and due interest, except that:
1) if the termination of the contract occurs before the expiration of the contractual term of saving, the housing cash is obliged to pay the savings and interest in the amount specified in the contract, within a period of not more than 3 months from the date of filing the request;
2) if the termination of the contract took place after the acquisition of the entitlement to receive the loan, the housing spot pays the savings and the interest charged for the entire saving period of 50% used by the bank providing the interest-rate housing money an annual deposit, within the time limit specified in the contract, and when not specified - within not more than 3 months from the date of notification of the request.
Article 15. [ Property Relations] 1. If the property relationship between the spouses is subject to a statutory partnership, the funds collected in the savings and credit account belong to both spouses, irrespective of the origin of the funds and from which of them is the holder account. This provision shall be without prejudice to the entitlement of each of the spouses to require the repayment of a part of the funds deriving from its separate assets
2. During the period of saving, the rights and obligations of the holder of the savings and credit account holder may be transferred to a close person who does not hold such an account. The transfer of rights and obligations to the transfer of rights and obligations shall be sufficient to make a statement to the account holder and to the person who is close, before the representative of the bank, or to the signed notarized signatures.
3. To the loved ones referred to in the mouth. 2, a spouse who does not remain with the account holder in the statutory, preliminary, tricky, siblings and the person who is in fact in the joint loan with the holder of the credit and savings account.
Chapter 2a
@ZM1@Reverse Financing by Bank Gospodarstwa Krajowego ventures investment and construction projects as part of the implementation of the government-owned housing promotion programme @ZM2@ @RD1@ [ 2] @RD2@
Art. 15a. [ Callback funding] [ 3] 1. The Bank Gospodarstwa Krajowego grants financial repayable funds through the granting of loans and the organisation of the issue of bonds and the guarantee of their acquisition in the framework of the implementation of the government's housing promotion programme.
2. The return financing shall be granted on preferential terms:
1. social housing associations fulfilling the condition referred to in art. 24 ust. 2,
2. housing cooperatives,
3) companies with limited liability or joint stock companies in which the municipality or the municipalities have respectively more than 50% of the votes at the assembly of accomplices or at the general meeting, not acting in the form of a social housing company, called hereinafter referred to as "communal companies"
-for investment and construction projects aimed at the construction of dwellings for hire.
3. The condition of the grant of repayable financing shall be the conclusion by the entity referred to in paragraph. 2 points 1 to 3, hereinafter referred to as "the borrower", of the contract with the local municipality for the planned investment and construction project, specifying:
1) the expected forms of financial participation of the municipality in the costs of realization of the investment-construction project;
2) the planned number of dwellings created as a result of the execution of the investment and construction project, the tenants of which will be persons designated by the municipality, including persons currently employed by the residents of the dwellings of which they are part of the the housing stock of the municipality;
3) a commitment, respectively borrower or municipality, indicating the minimum number of dwellings created as a result of the realization of an investment and construction project, the tenants of which will be persons raising at least one own or the adopted child referred to in art. 7 ust. 1a of the Act of 27 September 2013. o State aid in the acquisition of first dwelling by young people (Dz. U. Entry 1304 and 1608 and of 2015 items 1194), however, not less than 50% of all premises created as a result of the implementation of the project.
4. The choice of contractor for the services, supplies and works in the framework of the investment project carried out by the borrower with the participation of the return financing shall apply the provisions on public procurement.
(5) The repayable funding shall constitute compensation for the provision of public services within the meaning of the provisions of European Union law.
Art. 15b. [ Award of repayable funds] [ 4] 1. The Bank Gospodarstwa Krajowego grants financial repayable funds in its own name and on its own account.
2. Bank Gospodarstwa Krajowego grants back financing up to not more than 75% of the costs of the investment and construction project.
3. The return financing shall be granted for a period of not more than 30 years. In the case of credit to the credit period, the grace period in the repayment of capital shall be included.
4. The Bank Gospodarstwa Krajowego may refuse to grant a repayable financing or demand, in whole or in part, the reimbursement of the financial repayable financing, in the event of a breach by the borrower of the conditions under which the financing is granted, in in particular:
1) the use of the financing or its parts not in accordance with the purpose for which it was granted;
2) failure to receive the fault of the borrower of the condition referred to in art. 15a ust. 3 point 3;
3. the changes to the destination of the premises built with the participation of the financing;
4) violations of the provisions or non-fulfilment by the borrower of obligations arising from the provision of public services within the meaning of the European Union regulations;
5) indications by the borrower in the application for the financing of false information or failure to receive, by the fault of the borrower, declared in the application of the parameters of the investment and construction project, affecting the grant of financing, in accordance with the rules governing the modality of the financing referred to in paragraph 1. 5.
5. The Council of Ministers shall determine by way of regulation:
1) the types of documents submitted by the borrower to enable an assessment of the request for refinancing,
2) the conditions and mode of granting of repayable funds,
(3) the minimum requirements to be met by premises arising from the use of repayable financing, in the field of technical equipment,
4) criteria for the assessment of the application for refinancing, including criteria to ensure the preference for projects to which an open competition procedure is applicable when drawing up an architectural project
-with a view to ensuring the choice of the highest social service undertaking, the efficiency of the financing and the need to ensure that public service compensation is compatible with the provisions of Union law. European.
Art. 15c. [ Interest rate on credit or bonds] [ 5] (1) The amount of the borrowing or bond interest in the framework of the government's housing promotion programme shall be equal to the preferential interest rate, which is the basis for determining the amount of interest paid by the borrower, equal to the amount of the interest paid by the borrower. WIBOR rate three months within the meaning of Article 2 point 4 of the Act of 5 December 2002. o subsidies for the interest rate on residential loans at a fixed interest rate (Dz. U. of 2014 items 711), calculated as the arithmetic mean of the quotations in the calendar quarter, without any free days, applicable from the first calendar day of the next quarter.
2. Bank Gospodarstwa Krajowego receives for the interest rate of credit or bond payment, of 1.3 percentage points above the rate specified in the paragraph. 1, calculated and payable under the conditions and within the time limits resulting from the agreement referred to in paragraph 1. 4, subject to Article 10 para. 1 of the Act of 10 September 2015. amending the Act on certain forms of promotion of housing construction and certain other laws (Dz. U. Entry 1582).
3. The source of the payment of the aid referred to in paragraph 3. 2, there is a Fund of the Dfees.
4. The detailed conditions for the application of the aid shall be determined by the contract concluded between the Minister responsible for public finance, the Minister for Construction, Local Planning and Planning and Housing and the Bank. National Holdings.
Art. 15d. [ 6] (repealed).
Art. 15e. [ Prohibition of extraction on the property of premises built using repayable funds] 1. [ 7] (repealed).
2. [ 8] The dwellings built with the use of repayable funds shall not, under the rigorousness of the invalidity, be extracted into property.
3. [ 9] (repealed).
Art. 15f. [ Relevant application of the provisions] [ 10] For housing cooperatives and communal companies benefiting from repayable financing, the provisions of Art. 28-33 shall apply mutatis mutandis.
Art. 15g. [ Report on the implementation of the housing promotion programme] [ 11] The Minister for Construction, Local Planning and Planning and Housing, shall, by 31 March each year, submit a report to the Council of Ministers on the implementation of the Government Programme for the Promotion of Construction The housing and the recommendations for the following year are included in the housing.
Chapter 3
(repealed)
Article 16. (repealed).
Article 17. (repealed).
Article 18. (repealed).
Article 19. (repealed).
Art. 19a. (repealed).
Article 20. (repealed).
Article 21. (repealed).
Article 21a. (repealed).
Article 21b. (repealed).
Article 22. (repealed).
Chapter 4
Society of social housing
Article 23. [ Society of social housing] 1. The Society of Social Construction can be created in the form of:
1) limited liability companies;
2) joint-stock companies;
3) the cooperative of legal persons.
2. To the society of social construction, hereinafter referred to as "the company", the provisions of the Commercial Companies Code or the Act of 16 September 1982 shall apply accordingly. - Cooperative law (Dz. U. 2003 r. Nr 188, pos. 1848, z późn. zm.), with changes resulting from the provisions of this chapter.
Article 24. [ The activities of the company] 1. The Society conducts activities in the area defined in the contract or the association of the company.
2. The revenue of the company shall not be allocated to the division between the members or members. It is intended as a whole for the activities of the association of society.
2a. [ 12] For social housing companies, where 100% of shares belong to the State Treasury, the provisions of the paragraph. 2 does not apply.
3. [ 13] (repealed).
3a. [ 14] (repealed).
4. (repealed).
Article 25. [ Supervisory Board] 1. In the company, the Supervisory Board shall be appointed.
2. The municipality or the communes, in whose territory the company operates, shall be entitled to introduce their representatives to the composition of the supervisory board of the company, in the number specified in the statute of the company.
Article 26. [ Name of company] 1. The name of the company, in addition to the words indicating its organizational form, should include the words "society of social housing" or the abbreviation "TBS".
2. The terms "social housing company" and the abbreviation "TBS" can be used in the name and to specify the activity or advertisement only in relation to the social construction company within the meaning of the provisions of the Act.
3. [ 15] (repealed).
Article 27. [ Subject matter of the Society] 1. The object of the operation of the company is the building of residential houses and their exploitation on the basis of lease.
2. The Society may also:
1) [ 16] acquire dwellings and dwellings and non-residential buildings with a view to expansion, superstructure and rebuilding as a result of which dwellings will be built;
2) carry out repairs and modernization of facilities designed to meet the housing needs on lease terms;
3) rent the commercial premises located in the company's buildings;
4) [ 17] Exercise, on the basis of contract contracts, the management of residential and non-residential immovable property which are not of its ownership;
4a) [ 18] Operate the management of real estate in a fractional part of its co-ownership;
5) [ 19] to carry out other housing and associated infrastructure activities, including building or purchasing buildings for the sale of dwellings in those buildings or premises of another purpose.
Article 28. [ Rent Rate] 1. Rate of rent for 1 m 2 the usable area of the dwelling in the housing stock of the company shall be determined by the shareholders ' meeting, the general meeting of the shareholders or the general meeting in such an amount that the sum of the rents for the rental of all premises shall be used by the company to cover the costs of the operation and renovation of buildings and the repayment of the loan contracted for construction.
1a. (repealed).
2. [ 20] The rent referred to in paragraph. 1, on a yearly basis, shall not exceed:
1) 4% of the replacement value of the premises, calculated in accordance with the provisions of the Act of 21 June 2001. on the protection of the rights of the tenants, the housing share of the municipality and the amendment of the Civil Code (Dz. U. of 2014 items 150 and of 2015 items 1322)-in the case of dwellings built with the use of credit granted by the Bank Gospodarstwa Krajowego on the basis of loan applications submitted by 30 September 2009;
(2) 5% of the replacement value referred to in point 1 in the case of dwellings built with repayable financing.
Article 29. [ Agreement on participation in construction costs] 1. The employer, acting in order to obtain the dwellings for his employees, as well as persons having an interest in obtaining the premises of the dwellings by the designated third parties, may conclude with the company the agreement on participation in the the costs of building these premises.
2. Powiat, commune, intercommunal association or Military Property Agency, referred to in the Act of 10 July 2015. o Military Property Agency (Dz. U. Entry 1322), acting for the purpose of subtracting or allocating housing units to natural persons, may conclude with the company a participation agreement in the cost of construction of the dwellings of which he will be the tenant.
3. Subtraction or assignment by county, municipality, intercommunal association or Military Property Agency of the residential premises referred to in the paragraph. 2, does not require the consent of the company, excluding housing units built with the use of repayable funds.
4. Employers, as well as other persons who have concluded with the company an agreement on participation in the costs of construction of dwellings, excluding the agreements referred to in the paragraph. 2, may without the consent of the company carry out the transfer of rights and obligations arising from these agreements to the tenants they have indicated.
Article 29a. [ Participation contract in construction costs] 1. The natural person may conclude with the company a contract on participation in the costs of construction of the dwelling, which he will be the tenant.
2. [ 21] The amount of the participation in the costs of the construction of the dwelling obtained from the persons referred to in the paragraph. 1, in the case of dwellings built using return financing, shall not exceed 25% of the cost of construction of the accommodation unit.
3. [ 22] In the event of termination of the rental and emptying of the dwelling built with the use of credit granted by Bank Gospodarstwa Krajowego on the basis of loan applications submitted by 30 September 2009. or through the use of repayable funds, the amount of participation referred to in paragraph. 1, shall be reimbursed to the tenant no later than 12 months from the day of emptying of the premises. The amount of the party to be returned, determined as per day of emptying of the premises, shall be calculated according to the following formula:
where individual symbols indicate:
Pz- the amount of the party to be returned,
Pw- the amount of the paid-up contribution,
Th-arithmetic mean of the price of the price of 1 m 2 the usable floor space of a residential building, as announced by the President of the Central Statistical Office on the basis of art. 3b (b) 4 of the Act of 30 November 1995. state aid in the repayment of certain housing loans, the granting of guarantee premiums, and refunds to banks of guaranteed guarantee premiums (Dz. U. of 2013 r. items 763) for the quarter in which the premises were emptied and for the three preceding quarter of the quarterly periods,
Cw- arithmetic mean of the price of the price of 1 m 2 the usable area of the residential building, announced by the President of the Central Statistical Office for the quarter in which the participation of the participation agreement was concluded in the construction costs of the dwelling and for the three preceding that quarter quarterly periods,
n- the number of full calendar years in the period from the date of conclusion of the lease agreement to the date of emptying of the premises.
4. Where the rental agreement makes the deadline for the repayment of the participation amount from the conclusion of the lease agreement of the given premises with the next tenant, the refund of the amount of participation shall take place on the day of the conclusion of the contract, however not later than the time limit referred to in paragraph. 3.
5. The Society may make the conclusion of the contract of the lease of the emptied of the dwelling from the transfer of the amount of participation by the new tenant in the amount paid to the previous tenancy.
Article 30. [ Rent by the company of a dwelling] 1. [ 23] The company can rent a dwelling built using a loan granted by Bank Gospodarstwa Krajowego on the basis of loan applications submitted up to 30 September 2009. or with the use of return financing only to a natural person, if:
1) the natural person and persons notified to the common residence, on the date of placing the premises, have no legal title to another dwelling in the same locality,
2) the average monthly income of the household in the year preceding the year in which the lease agreement is concluded with the use of the loan granted by Bank Gospodarstwa Krajowego based on the applications for credit submitted to the day 30 September 2009, in the event that the construction of the premises was bound by the conclusion of the contract referred to in art. 29 par. 1 or in Art. 29a par. 1, shall not exceed 1,3 of the most recently announced average gross monthly salary in the national economy of the voivodship on whose territory the dwelling is located, more than:
(a) 20% in a single household,
(b) 80% in a two-person household,
(c) a further 40% for each additional person in the household with a higher number of persons,
3) the average monthly income of the household in the year preceding the year in which the contract for the rental of the dwelling built with the use of repayable funds is concluded or with the use of the loan granted by the Bank of Holdings National on the basis of loan applications submitted by 30 September 2009. in other cases, than indicated in point 2, shall not exceed:
(a) 80% in a single household,
(b) 120% in a two-person household,
(c) 165% in a three-person household,
(d) 200% in a four-person household,
(e) 200% on a holding that is more than four-bed, plus an additional 40% for each other person on the household
-the amount of the most recently announced average gross monthly salary in the national economy of the voivodship in which the dwelling is located and the coefficient 1,2.
1a. The Society may rent a dwelling in its resources to a person holding a legal title to the premises in another village or a person entering the household, the member of which holds the legal title to the premises in another locality, if the change of residence is related to the taking up of the work of a household member near the place of the place of the company's resources, where the apartment is located, the rental of which is running.
2. [ 24] The President of the Central Statistical Office announces until the end of the 4th quarter of each year, in the Official Journal of the Republic of Poland "Monitor Polski", by means of a notice, the amount of the average monthly gross wage in the national economy in Voivodships for the previous year.
3. [ 25] The lessee shall be obliged to submit the company once every two years, by 31 May of the year concerned, the monthly average income per household declaration and inform the company immediately. legal title to another dwelling.
4. The tenant or the person applying for the rental of the dwelling shall be obliged, at the request of the company, to present a certificate of the local tax office with the amount of the income received by that person and the persons notified by it to joint residence.
5. [ 26] In the event of:
1) to submit by the tenant in the declaration of statements incompatible with the truth, the company terminates the lease contract without notice; after termination of the contract, the person occupying the premises without a legal title is obliged to pay the monthly companion compensation for the use of the premises in the amount of 200% of the monthly rent that would have been paid if the contract had not been resolved;
2) when the lessee does not submit the declaration within the time limit referred to in paragraph. 3, the company can terminate the lease agreement in the rent part;
3) when the lessee shows in the statement of revenue exceeding the amount determined respectively in the mouth. Article 1 (2) or (3), the company shall pronounce the rental contract in the rent part, specifying a new rate of 1% higher than the rent so far for each 1% of household income above the amount specified in the paragraph respectively. 1 (2) or (3);
4) when the tenant has obtained a legal title to another dwelling in the same locality, the company termines the contract in the part concerning the rent or pronounces the lease agreement.
5a. [ 27] In the cases referred to in paragraph 1. Paragraphs 2 to 4 of the new rate of rent shall not apply to the application of Article 5 (5). 28 para. 2.
5b. [ 28] In the case referred to in paragraph. 5 point 3, the company may, at the request of the lessee, shorten the paragraph indicated in paragraph 3. 3 period of submission of the next declaration. Where the declaration of average monthly income per household by the lessee confirms that the income shown does not exceed the amount determined in accordance with paragraph 1, respectively, the amount specified in paragraph 1 shall not exceed the amount specified in paragraph 1. 1 point 2 or 3, the company shall pronounce the rental contract in the rent part by setting the rate of rent at a lower level.
5c. [ 29] Where the lessee shows in the three successive statements the revenue exceeds the amount set out in paragraph 3 respectively. In accordance with Article 1 (1), point 2 or 3, including in the third statement of revenue, exceeding 50% of the amount referred to in paragraph 1. 1 point 2 or 3, the company shall pronounce the lease agreement.
6. [ 30] (repealed).
7. In cases concerning the manner of declaration and the model declaration of the income of household members, as well as documents which are to be attached to the declaration or which should be by making the declaration stored in order to making available upon request of the company, the provisions of the Act of 21 June 2001 apply accordingly. o positories (Dz. U. Nr 71, poz. 734, of late. zm.) concerning the declaration of income when establishing the amount of housing allowances.
Article 30a. [ Sublease of Residential Premises] 1. The Society may rent a residential district of the district, a municipality or an intercommunal association in order to:
1. subtracting that premises to a natural person, or
2) carrying out the protected housing in it, referred to in the provisions on social assistance, or
3) the placement of a care and care facility for them not more than four children.
2. The Society may rent a dwelling for the organization of a public benefit in order to:
1) the pursuit of a protected apartment referred to in the provisions on social assistance, or
(2) the placement of a care and care facility for not more than four children.
Article 31. [ Priority in residence of dwellings] 1. The criteria and mode of earmarking of apartments for specific tenants shall be determined by the contract of the company or the statutes of the company. The rules of co-operation of the company with the municipality or the municipalities shall specify the contract.
2. (repealed).
Article 32. [ Hedging] The rental agreement may provide for the obligation to pay a security deposit to cover the rental claims on the premises on the day of the emptying of the premises.
Article 33. [ Application of the provisions of the Act on Residential Premises] In matters not regulated in Chapter 4 of the Act, the provisions of the Act of 21 June 2001 apply accordingly. on the protection of the rights of tenants, the housing share of the municipality and on the change of the Civil Code and the provisions of the Civil Code of the greatest
Chapter 4a
(repealed)
Art 33a. (repealed).
Article 33b. (repealed).
Article 33c. (repealed).
Art. 33d. (repealed).
Chapter 4b
Ownership of accommodation units built for rent with credit granted by Bank Gospodarstwa Krajowego
Art. 33e. [ Extraction on the property of dwellings in the company's resources] 1. The residential premises in the assets of the company, built with the use of credit granted by Bank Gospodarstwa Krajowego on the basis of the applications submitted by 30 September 2009, may be extracted on the property only on the basis of the set out in this Chapter.
2. The transfer of ownership of a dwelling by a social housing company may take place exclusively for the benefit of a natural person, who is also a tenant of a dwelling and a party to the contract on participation in the construction costs of the premises.
3. The extraction referred to in paragraph 1, may not take place before the end of 5 years from the date of obtaining the permit for the use of the building.
4. The decision to extract the property of the dwelling shall be taken by the congregation of shareholders, the general meeting of shareholders or the general meeting.
Art. 33f. [ Sale Price of the Extracted Premises] 1. In the event of the establishment of a separate property of the premises referred to in art. 33e ust. 1, the price of its sale may not be lower than its market value determined in accordance with the provisions of the Act of 21 August 1997. with Real Estate Management (Dz. U. of 2010 No. 102, pos. 651, with late. zm.).
2. The price of the sale of the dwelling referred to in art. 33e ust. 1, it should take into account the payment of all the liabilities falling on the premises, in particular the repayment of the relevant part of the credit debt of the company plus interest and the repayment of the part of the write-off of the credit in the amount of the loan nominal, and the cost of valuation of the property
3. At the request of the social housing company Bank Gospodarstwa Krajowego, within 21 days from the date of receipt of the application, determine the amount of the debt attributable to the ownership of the premises for the property granted by Bank Gospodarstwa Krajowego the credit and the amount of the write-offs of the credit referred to in paragraph 1. 2.
4. [ 31] The repayment of the part of the write-off of the loan shall be credited to the Dfees Fund, as referred to in the Act of 5 December 2002. with subsidies for the interest rate on residential loans with a fixed interest rate.
5. The amount of the participation in the construction costs of the premises, which corresponds to the amount of the current market value of the premises equal to the share of the contributed amount of the participation in the construction costs of the premises, but not less than the nominal value of the paid-up contribution participation, shall be counted against the selling price of the dwelling.
6. [ 32] The Bank of the National Holding shall allocate the funds obtained from the repayment of loans granted on the basis of the loan applications submitted by 30 September 2009. on the implementation of the government support programmes for housing.
Art 33g. [ Determination of the lower amount of outstanding debt] Upon payment of the whole of the housing credit debt with interest, as referred to in Article 4, 33f ust. 2, Bank Gospodarstwa Krajowego proportionally to the repayment of the debt owed by the loan, sets the lower amount of the next monthly repayment of the outstanding debt of the borrower.
Art. 33h. [ Purpose of the funds obtained from the sale of the dwelling] 1. Obtained from the sale of the dwelling of the funds, less the expenses related to the repayment of all the obligations and costs referred to in art. 33f ust. 2, and the amount corresponding to the product of the sales price and the ratio equal to the ratio of the borrower's own costs in the total costs of the execution of the loan financed by the Bank Gospodarstwa Krajowego, shall be repaid to the Fund.
2. Payment of appropriations:
1) subject in accordance with the paragraph. 1 repayment to the Fund of the Tolls,
2) on the payment of debt to be extracted into the property of the premises,
(3) in respect of the repayment of the part of the waiver
-by the natural person referred to in Article 33e ust. 2, it shall take place in the possession of a social construction company with a fiduciary account, carried out in accordance with the provisions of the Act of 29 August 1997. -Banking law (Dz. U. 2012 r. items 1376, 1385 and 1529).
3. The Society of Social Construction within 7 days from the date of receipt of the measures referred to in the paragraph. 2, transfer the funds for the repayment of the debt attributable to the ownership of the premises on behalf of the Bank Gospodarstwa Krajowego, and the funds subject to, in accordance with the paragraph, 1, repayment to the Fund of the Dfees and the payment for repayment of the part of the redemption on the account of the Fund of the Dfees.
Art. 33i. [ Real Estate Breakdown] 1. In the case of a division of immovable property, consisting in the establishment of a separate property of even one premises in favour of the tenant, burdened with the mortgage securing the credit from which the financial resources were allocated for the purpose of this property, the mortgage the total does not arise.
2. After repayment by the social construction company of the credit debt with interest, referred to in art. 33f ust. 2, the tenant of the dwelling referred to in art. 33e ust. 2, obtains the right to separate property of the premises without the mortgage burden.
3. Making the breakdown referred to in paragraph. 1, causes the expiry of the mortgage on the immovable property, the security of the credit from which the financial resources were allocated for the purpose of another property. In order to secure a credit previously secured by a mortgage that has expired, the mortgage shall be debited to the property for which the funds derived from that credit or other property are intended to be used.
Article 33j. [ The Management Board of the Common Property] 1. The Management Board of a joint property constituting the co-ownership of the Society of Social Construction shall be exercised by the company as the Management Board entrusted, referred to in art. 18 (1) 1 of the Act of 24 June 1994. about the ownership of the premises (Dz. U. 2000 r. Nr 80, pos. 903 and 2004 No. 141, pos. 1492).
2. Most of the owners of premises separated into property in a building or buildings located within a given property, calculated according to the size of the shares in the common property, may make a change, fixed in the mode of the mouth. 1, the management of the property in common. Article 18 (1) 2a of the Act of 24 June 1994. the ownership of the premises shall be applied mutatis mutandis.
3. The Act of 24 June 1994 shall apply mutatis mutandis to the law to the right of separate property of the premises. about the ownership of the premises.
Art 33k. [ Adequate application of the provisions for extraction on the property of dwellings built for hire] For the extraction on the property of dwellings built for renting by housing cooperatives with the use of credit granted by the Bank Gospodarstwa Krajowego art. 33e-33j shall apply mutatis mutandis.
Chapter 5
Amendments to the provisions in force
Article 34. (bypassed).
Article 35. (bypassed).
Article 36. (bypassed).
Article 37. (bypassed).
Article 38. (bypassed).
Article 39. (bypassed).
Article 40. (bypassed).
Article 41. (bypassed).
Chapter 6
Transitional and final provisions
Article 42. [ Amendment of the cooperative statutes] 1. The Society of Social Construction, created before the entry into force of the Act, shall be obliged, within a period of one year from the date of entry into force of the Act, to adapt the statutes or the company's contract to its regulations or to change the company or name. Articles shall apply to the amendment of the statutes or agreement. 24 ust. 3 of the Act.
2. If the company or cooperative does not make a change of the statutes or the company's contract within the time limit and in the manner specified in the paragraph. 1, the registration court shall request the removal of deficiencies within the prescribed period, and after its ineffective termination will make the register mention of the prohibition of use in the name or company of the words "society of social construction" and notifies the given company, or cooperative.
Article 43. [ Repealed provisions] The Law of 3 July 1947 is repealed. of promotion of construction (Dz. U. Nr 52, pos. 270 and No. 73, pos. 467, of 1951 Nr 10, pos. 75 and No 14, pos. 110 and 1952 Nr 18, pos. 108).
Article 44. [ Entry into force] The Act shall enter into force after 30 days from the day of the announcement, except for the provisions of the Art. 35, 38 and 39, which shall enter into force on 1 January 1996.
[ 1] Article 1, as amended by Article 1, 1 point 1 of the Act of 10 September 2015. to amend the Act on certain forms of housing promotion and certain other laws (Journal of Laws of Laws of 1582). The amendment came into force on 25 October 2015.
[ 3] Article 15a, as amended by Article 2 (1), 1 point 3 of the Act of 10 September 2015. to amend the Act on certain forms of housing promotion and certain other laws (Journal of Laws of Laws of 1582). The amendment came into force on 25 October 2015.
[ 4] Article 15b, as amended by Article 3 (1), 1 point 3 of the Act of 10 September 2015. to amend the Act on certain forms of housing promotion and certain other laws (Journal of Laws of Laws of 1582). The amendment came into force on 25 October 2015.
[ 5] Article 15c, as amended by Article 3 (1) of the EC 1 point 3 of the Act of 10 September 2015. to amend the Act on certain forms of housing promotion and certain other laws (Journal of Laws of Laws of 1582). The amendment came into force on 25 October 2015.
[ 6] Art. 15d repealed by Article 1 point 4 of the Act of 10 September 2015. to amend the Act on certain forms of housing promotion and certain other laws (Journal of Laws of Laws of 1582). The amendment came into force on 25 October 2015.
[ 7] Art. 15e (a) 1 repealed by Art. 1 point 5 (a) a) of the Act of 10 September 2015. to amend the Act on certain forms of housing promotion and certain other laws (Journal of Laws of Laws of 1582). The amendment came into force on 25 October 2015.
[ 8] Art. 15e (a) 2 in the version set by the Article. 1 point 5 (a) b) of the Act of 10 September 2015. to amend the Act on certain forms of housing promotion and certain other laws (Journal of Laws of Laws of 1582). The amendment came into force on 25 October 2015.
[ 9] Art. 15e (a) 3 repealed by Art. 1 point 5 (a) c) of the Act of 10 September 2015. to amend the Act on certain forms of housing promotion and certain other laws (Journal of Laws of Laws of 1582). The amendment came into force on 25 October 2015.
[ 10] Art. 15f added by art. 1 point 6 of the Act of 10 September 2015. to amend the Act on certain forms of housing promotion and certain other laws (Journal of Laws of Laws of 1582). The amendment came into force on 25 October 2015.
[ 11] Art. 15g added by art. 1 point 6 of the Act of 10 September 2015. to amend the Act on certain forms of housing promotion and certain other laws (Journal of Laws of Laws of 1582). The amendment came into force on 25 October 2015.
[ 12] Article 24 (1) 2a added by art. 1 point 7 lit. a) of the Act of 10 September 2015. to amend the Act on certain forms of housing promotion and certain other laws (Journal of Laws of Laws of 1582). The amendment came into force on 25 October 2015.
[ 13] Article 24 (1) 3 repealed by Art. 1 point 7 lit. b) of the Act of 10 September 2015. to amend the Act on certain forms of housing promotion and certain other laws (Journal of Laws of Laws of 1582). The amendment came into force on 25 October 2015.
[ 14] Article 24 (1) 3a repealed by Article 3. 1 point 7 lit. b) of the Act of 10 September 2015. to amend the Act on certain forms of housing promotion and certain other laws (Journal of Laws of Laws of 1582). The amendment came into force on 25 October 2015.
[ 15] Article 26 (1) 3 repealed by Art. 1 point 8 of the Act of 10 September 2015. to amend the Act on certain forms of housing promotion and certain other laws (Journal of Laws of Laws of 1582). The amendment came into force on 25 October 2015.
[ 16] Article 27 (1) Article 2 (1), as amended by Article 2 (1) 1 point 9 (b) a) of the Act of 10 September 2015. to amend the Act on certain forms of housing promotion and certain other laws (Journal of Laws of Laws of 1582). The amendment came into force on 25 October 2015.
[ 17] Article 27 (1) Article 2 (4), as amended by Article 2 (2) 1 point 9 (b) b) of the Act of 10 September 2015. to amend the Act on certain forms of housing promotion and certain other laws (Journal of Laws of Laws of 1582). The amendment came into force on 25 October 2015.
[ 18] Article 27 (1) 2 point 4a added by art. 1 point 9 (b) c) of the Act of 10 September 2015. to amend the Act on certain forms of housing promotion and certain other laws (Journal of Laws of Laws of 1582). The amendment came into force on 25 October 2015.
[ 19] Article 27 (1) 2 point 5 as set out by the Article 1 point 9 (b) (d) the Act of 10 September 2015. to amend the Act on certain forms of housing promotion and certain other laws (Journal of Laws of Laws of 1582). The amendment came into force on 25 October 2015.
[ 20] Article 28 (1) 2 in the version set by the Article. 1 point 10 of the Act of 10 September 2015. to amend the Act on certain forms of housing promotion and certain other laws (Journal of Laws of Laws of 1582). The amendment came into force on 25 October 2015.
[ 21] Article 29a (a) 2 in the version set by the Article. 1 point 12 of the Act of 10 September 2015. to amend the Act on certain forms of housing promotion and certain other laws (Journal of Laws of Laws of 1582). The amendment came into force on 25 October 2015.
[ 22] Article 29a (a) 3 in the version set by the Article. 1 point 12 of the Act of 10 September 2015. to amend the Act on certain forms of housing promotion and certain other laws (Journal of Laws of Laws of 1582). The amendment came into force on 25 October 2015.
[ 23] Article 30 (1) 1 in the wording set by Article 1. 1 point 13 (b) a) of the Act of 10 September 2015. to amend the Act on certain forms of housing promotion and certain other laws (Journal of Laws of Laws of 1582). The amendment came into force on 25 October 2015.
[ 24] Article 30 (1) 2 in the version set by the Article. 1 point 13 (b) b) of the Act of 10 September 2015. to amend the Act on certain forms of housing promotion and certain other laws (Journal of Laws of Laws of 1582). The amendment came into force on 25 October 2015.
[ 25] Article 30 (1) 3 in the version set by the Article. 1 point 13 (b) b) of the Act of 10 September 2015. to amend the Act on certain forms of housing promotion and certain other laws (Journal of Laws of Laws of 1582). The amendment came into force on 25 October 2015.
[ 26] Article 30 (1) 5 in the version set by the Article. 1 point 13 (b) c) of the Act of 10 September 2015. to amend the Act on certain forms of housing promotion and certain other laws (Journal of Laws of Laws of 1582). The amendment came into force on 25 October 2015.
[ 27] Article 30 (1) 5a added by art. 1 point 13 (b) (d) the Act of 10 September 2015. to amend the Act on certain forms of housing promotion and certain other laws (Journal of Laws of Laws of 1582). The amendment came into force on 25 October 2015.
[ 28] Article 30 (1) 5b added by art. 1 point 13 (b) (d) the Act of 10 September 2015. to amend the Act on certain forms of housing promotion and certain other laws (Journal of Laws of Laws of 1582). The amendment came into force on 25 October 2015.
[ 29] Article 30 (1) 5c added by art. 1 point 13 (b) (d) the Act of 10 September 2015. to amend the Act on certain forms of housing promotion and certain other laws (Journal of Laws of Laws of 1582). The amendment came into force on 25 October 2015.
[ 30] Article 30 (1) 6 repealed by Art. 1 point 13 (b) (e) of the Act of 10 September 2015. to amend the Act on certain forms of housing promotion and certain other laws (Journal of Laws of Laws of 1582). The amendment came into force on 25 October 2015.
[ 31] Article 33f (1) 4 in the version set by the Article. 1 point 14 (b) a) of the Act of 10 September 2015. to amend the Act on certain forms of housing promotion and certain other laws (Journal of Laws of Laws of 1582). The amendment came into force on 25 October 2015.
[ 32] Article 33f (1) 6 in the version set by the Article 1 point 14 (b) b) of the Act of 10 September 2015. to amend the Act on certain forms of housing promotion and certain other laws (Journal of Laws of Laws of 1582). The amendment came into force on 25 October 2015.
