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Regulation (2016:881) Concerning State Aid To Investment For Rental Housing And Housing For Students

Original Language Title: Förordning (2016:881) om statligt investeringsstöd för hyresbostäder och bostäder för studerande

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/Entry into force: 01/01/2017

Conditions for support



1 § aid under this Regulation may, subject to availability of resources, to organize tenants and housing for students.



The aid is provided as a support for investment in local infrastructure in accordance with the conditions and limits laid down in chapter I and article 56 of Commission Regulation (EC) No 651/2014 of 17 June 2014, declaring certain categories of aid compatible with the common market under articles 107 and 108 of the Treaty.



The support provided to property owners, tomträttshavare or someone who arranges housing for non-free basis.



section 2 Support may be provided



1. for homes that are licensed with tenancy in areas of population growth and housing shortages,



2. for housing for students in or adjacent to municipalities where there is a University, college or other post-secondary education or folk high school, or



3. where, in a municipality that does not have population growth, there is a lack of a certain type of housing and the need cannot be met by other means.



paragraph 3 of the Payments may be made for the organisation of rental housing intended for permanent use and independence guaranteed by the tenancy agreement without limitations in the protection of possession or tenancy agreement if the cooperative tenancy.



Support may be provided for housing for students and housing organized in order to facilitate entry to the regular housing market for people with socially vulnerable situation even though the lease agreements for the homes contain constraints in land tenure and protection.



Support may be granted for dwellings that housed in private houses or apartment buildings.



section 4 Support may be provided only to homes organized by new construction, expansion or conversion of whole or part of the building that have not been used for housing during the past eight years.



paragraph 5 of a construction project, under which housing is arranged according to paragraph 4, be deemed to be commenced when the construction has begun. With the construction work covered by new construction and extension Foundation work and at rebuilding demolition or clearing work.



A construction project is considered completed when there is a final notice under 10 Cape. 34 section planning and building Act (2010:900) or an interim end slips under 10 Cape. section 36 the same law.



section 6 of the aid is calculated on the



1. living area, and 2. areas for joint activities, such as areas for the residents ' meals, socializing, hobbies and recreation.



section 7 when assessing issues of aid, the country is divided into the following regions:



1. The Stockholm region, which consists of the municipalities in the Stockholm region, except the FA-municipalities bordering municipalities outside the region,



2. region municipalities near Stockholm, consisting of the municipalities in the Stockholm FA region bordering municipalities outside the region,



3. The Gothenburg region, consisting of the municipalities in the Gothenburg FA-region,



4. The Malmö region, which consists of the municipalities of Malmö 's FA-region,



5. the region other municipalities with high and sustained population growth, which consists of the municipalities population increased annually in the past three to five years by a total of at least five percent,



6. the region's other large municipalities, consisting of the municipalities outside Stockholm, Gothenburg and Malmö 's FA-region that has more than 75 000 inhabitants and not included in any of the above regions, and



7. region of the rest of the country.



With FA-region refers to the Division of Sweden into functional analysis regions Agency for growth policy evaluations and analyses.



section 8 Assistance may be provided if



1. an application for aid has been submitted before the project is begun,



2. the project will be completed within two years from the day it started,



3. the project is designed to ensure reasonable accommodation costs by norm the rent per square metre of floor area per year including, where applicable, the share of such areas for joint activities referred to in paragraph 6 of the 2 at access shall not exceed (a)) 1 450 kronor in Stockholm,



b) 1 350 kronor in the region municipalities near Stockholm, Gothenburg and Malmö in the regions, in the region of other municipalities with high and sustained population growth, as well as other large municipalities in the region, outside of Stockholm, for housing for students, and



c) 1 300 kroons in the other cases,



4. the rental fee specified in 3, in the case of cooperative tenancy, including the value of the tenant's own contribution,

5. the project contributes towards a sustainable construction by building low energy use, equivalent to not more than 88 percent of what the 29 september 2016 follows specific rules on buildings energy use as Housing has announced with the support of 10. 3 § 7 planning and building regulation (2011:338), 6. the project includes a mix of apartment sizes, with at least one apartment with three or more rooms and a kitchen,



7. the work contributes to the training of new professionals in the building sector through active cooperation with relevant secondary schools and the public employment service as well as by receiving trainees in finished training,



8. the work takes a prime contractor responsibility that corresponds to collective agreements,



9. the person doing the work or producing construction elements are approved for F-tax or, in the case of foreign entrepreneurs or companies, shows off a certificate or some other document showing that the entrepreneur or the company in his home country through registration or otherwise undergoes similar control in terms of taxes and charges,



10. the project has been granted a building permit as a force of law, and

11. the building will meet the requirements for permanent housing arising from Chapter 8. the planning and building Act (2010:900).



First paragraph 6 shall not apply in the case of housing for students or housing organized in order to facilitate entry to the regular housing market for people with socially vulnerable situation or if the current build system does not permit the desired mix of apartment sizes.



If there are special reasons, the County Administrative Board in a particular case may decide to derogate from the first subparagraph, 2, 3, 6 and 7.



§ 9 Support may be provided if the beneficiary agrees that during the 15 years from the time a payment under section 17 of the decision has been taken



1. with regard to housing under 1 and 3, by agreement with the municipal housing service or otherwise ensure that the housing organized with the aid is conveyed according to open and transparent public


principles or, in the case of cooperative tenancy, in an open and transparent ticketing system,



2. set reasonable requirements on housing finance and the applicant did not apply other income requirements than that resulting from the regulations that have been issued by the Swedish authorities under section 29, 3. use the homes for those purposes and in accordance with the conditions that were required when the aid was granted,



4. do not leave the building or the buildings containing dwellings to someone who intends to use the homes for other purposes or in other terms than was assumed when the aid was granted,



5. in the case of a transfer, the transfer agreement indicating that the residences have been organised with assistance under this regulation and that they may not be used for any other purpose or be granted on terms that differ from this regulation or a decision has been issued pursuant to the regulation and to the buyer at a possible future assignment within the fifteen year period to enter the same information, and



6. ensure reasonable rents, the rents determined under Chapter 12. section 55 c land code and that rents for access does not exceed the rent specified in paragraph 3 and then do not increase more than the rents on average at the resort or, in the case of cooperative tenancy and, second, that the level of rent specified in the application for aid does not increase more than the rents on average at the resort, and that during the same period did not raise the bet made by the members.



If the homes are built with temporary permits, the time period referred to in the first subparagraph shall be equal to the length of the building permit instead.



section 10 Support shall not be granted to firms in difficulty as the expression is defined in section 20 of the European Commission's communication on guidelines on State aid for rescuing and restructuring of non-financial companies in difficulty.



The amount of aid



section 11 of the aid must be provided by 1. not more than 6 600 euros per square meter of living area in the Stockholm region, 2. not more than 5 300 kroons per square metre of floor area in the region of municipalities near Stockholm, Gothenburg and Malmö in the regions, in the region of municipalities with high and sustained population growth, as well as other large municipalities in the region, outside of Stockholm, for housing for students, and



3. a maximum of 3 800 dollars per square meter of living area in other cases.

For surfaces up to 35 square meters floor area per apartment provided maximum aid amount referred to in the first subparagraph. For surfaces over 35 square metres and up to and including 70 square meters floor area per apartment provided support with 50% of the amount of the aid referred to in the first subparagraph. For surfaces in addition provided no support.



section 12 of the areas for joint activities under section 6 2 provided support with 50 percent of the maximum amount of aid referred to in paragraph 11.



section 13, If a construction project involves an energy consumption equivalent to no more than 56 percent of what is required for the specific energy use september 29, 2016, the aid amounts under section 11 shall be increased by 75 percent.



section 14 of the support referred to in paragraphs 11 to 13 are provided as a support for investment in local infrastructure in accordance with chapter I and article 56 of Commission Regulation (EC) No 651/2014, with the additional restrictions imposed by this Ordinance or by the rules given on the basis of the regulation. Aid exceeding the equivalent of EUR 500 000 may be granted only on condition that the beneficiary agrees to publication of data on the aid referred to in article 9(1) of Commission Regulation (EC) No 651/2014.



Application for support



section 15 an application for assistance shall be made in writing and submitted to the County Board in the county where the property is located.



Decision support



section 16 of the County Board hears questions about support. A decision on aid shall contain details of the provisional amount of the aid and the date on which the construction project to be completed.



A decision on the aid may be combined with the other conditions required for the purpose of the aid to be met.



Payment of the aid



section 17 When a construction project is completed, the County Administrative Board, by special request, make a payment decision in which the final amount is determined.

Such an application shall be submitted to the County Board within six months after the project has been completed.



Aid shall be paid to the paying agency at the time of the decision of the County Administrative Board is registered in the land registry as legally qualified owner, tomträttshavare or owner of the building does not belong to the property owner.



section 18 of the provincial Government shall send a payment decision under section 17 of the first paragraph to the land registry Department for entry in the land register register part if that housing in the property have been organised under this regulation.

The registration authority shall notify the legal owner or tomträttshavaren that such a note has been made.



One such note may, on the enrolment authority on its own initiative or at the request of the legal owner or tomträttshavaren, removed 15 years from the time a payment decision under section 17 of the first paragraph has been taken. If housing organised with temporary permits, the note is removed when the building permit expired.



section 19 of the Housing Board will pay out the aid under this regulation.



section 20 of aid under this Regulation may not be paid to an undertaking which is subject to payment requirements due to a decision by the Commission declaring an aid illegal and incompatible with the internal market.



Supervision and disclosure



section 21 of the County Board shall monitor and evaluate the support and supervision of compliance with the conditions for the aid.



section 22 of those who have applied for or received aid shall, on request, provide the information necessary for monitoring and evaluation of aid.



The repayment obligation



section 23 of a beneficiary is obliged to refund if



1. a person who has applied for or received support by submitting false statements have caused that the aid granted improperly or with excessive amounts,



2. the aid for any other reason has been granted improperly or with excessive amount and the recipient should have known this,



3. the homes are used for other purposes or under conditions other than that provided for by this regulation or a decision given on the basis of the regulation, or



4. the conditions for support for another cause has not been followed.



For the purposes of the first subparagraph of paragraph 3, repayment of the part of the aid proportionally related to the time between the homes began to be used for other purposes


or under conditions other than that provided for by this regulation or a decision given under this regulation to fifteen year period under paragraph 9 or the period following the second paragraph of section 9.

This shall also apply if the beneficiary during the period have left the building or the buildings with dwellings for which aid has been granted and the new owner uses the homes for other purposes or under conditions other than that provided for by this regulation or a decision given on the basis of the regulation.



section 24 if a beneficiary is obliged to refund under section 23, the County Administrative Board may decide to fully or partially recover the aid.



A recovery decision shall be taken within a period of fifteen years from the date that a payment under section 17 of the decision has been taken.



section 25 if a beneficiary is not eligible for an amount of support and this will be paid back, interest shall be charged in accordance with the interest Act (1975:635). If there are special reasons, the interest obligation be reduced.



section 26 if a beneficiary is liable to repay or payable under this regulation, a requirement for repayment of aid and on interest rate counted against other payment of aid under the regulation.



Appeal



paragraph 27 of the County Board's decision pursuant to this Regulation may be appealed to Swedish authorities.



In 22 a of the Administrative Procedure Act (1986:223) there are provisions for appeal to the administrative court. Other decisions of the building and planning than the decision in contested cases under section 17, 20 or 26 May, however, not subject to appeal.



Specific tasks of the County Administrative Board and the Swedish authorities



section 28 in paragraph 12 (a) 1 Act (2013:388) on the application of the State aid rules of the European Union and in the 3 and 4 of the Regulation (2016:605) on the application of the State aid rules of the European Union provides for the disclosure and reporting. The County Board shall keep the records referred to in article 12 of Commission Regulation (EC) No 651/2014.



section 29 Housing Board may provide for the enforcement of this regulation.