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Regulation (2016:848) On State Support For The Organisation And Provision Of Housing For Older People

Original Language Title: Förordning (2016:848) om statligt stöd för att anordna och tillhandahålla bostäder för äldre personer

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/Entry into force: 2016-11-15/

Introductory provision



§ 1 the aim of the aid provided for in this regulation is to promote an increase in the number of homes for older people.



Support is provided in accordance with the Commission's decision 21/EU of 20 december 2011 on the application of article 106(2) of the Treaty on the functioning of the European Union on State aid in the form of public service compensation granted to certain undertakings entrusted with the operation of services of general economic interest.



The aid provided to a property owner, tomträttshavare or someone who intends to organise housing for non-free basis.



Expression of the regulation



paragraph 2 of this regulation, the following expression is used with the meanings indicated below:



1. New construction: the construction of a building or expansion involving new additions of residential apartments, including common areas, which are licensed with tenancy or cooperative tenancy.



2. Renovation: new investment in or adjacent to a building which, without being the construction or alteration of a residential apartment for several residential apartments, means



a) recently added properties of rental housing, b) improvements to rented accommodation, or



c) improvements to the areas for joint activities for the residents ' meals, socializing, hobbies and recreation related to shipbuilding and residential apartments as granted with tenancy or cooperative tenancy.



3. Customization: improvements to common areas, in or adjacent to a building granted with leasing, cooperative tenancy or condominium, to promote adult for older people through increased availability and security.



4. Rental housing for older people on the regular housing market: residential apartments and spaces for the residents ' meals, socializing, hobbies and recreation that promotes community and security. In or in connection with such residential apartments and spaces, there are staff on a daily basis that can support residents during certain specified hours or there is access to other public services. Residential apartments and areas granted with tenancy or cooperative tenancy and is intended for



(a)) a person who has reached the age of 65, b) spouses, cohabitees, or siblings where at least one has reached the age of 65 years, or c) the surviving spouse, domestic partner or sibling who at death cohabiting with the deceased in the apartment, if the death has occurred after the aid has been granted.



Conditions for support



paragraph 3 of the payments may, subject to availability of funds, to stimulate



1. new or redevelopment of rental housing that constitute such exceptional accommodation referred to in Chapter 5. paragraph 5 of the Social Services Act (2001:453), 2. new or redevelopment of rental housing for elderly people in the ordinary housing market, or



3. adaptation of the common areas in or adjacent to the building that are licensed with leasing, cooperative tenancy or condominium.



Support for conversion under point 2 may only be provided for alterations referred to in paragraph 2 (2) (a) and (c).



4 of a construction project is deemed to be commenced when the actual construction work has begun. At the new construction "means the Foundation works and at rebuilding demolition or clearing work.



A construction project is considered completed when the building Committee has decided on 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. If a notice is not required to be a construction project is considered completed when the actual measures are completed.



paragraph 5 of the aid is calculated on the



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



3. the share of the cost in terms of customization.



section 6 of the Aid may be granted under the conditions set out in paragraphs 7 to 10.



7 § Support may be provided if



1. the construction project to be completed within two years from the date of commencement, and



2. an application under section 13 has been submitted not later than six months after the project under section 4 has begun.



For projects involving building work subject to a building permit under Chapter 9. the planning and building Act (2010:900) exist and have been given the force of law.



Support shall not be granted for construction projects at the same time, other State aid to support housing construction.



If there are special reasons, the County Administrative Board in individual cases, waive the requirement referred to in the first subparagraph 1.



section 8 Aid shall not be granted to firms in difficulty as the term is defined in paragraph 20 of Commission notice on guidelines on State aid for rescuing and restructuring of non-financial companies in difficulty.



9 § the recipient of the aid referred to in paragraph 3 of the 1 and 2 are committed to for at least eight years from the time the aid paid out 1. lease the residential apartments and spaces that aid is intended for the purposes and under the conditions that were required when the aid was granted,



2. do not leave the buildings that contain residential apartments or areas for anyone intending to use them for different purposes or with conditions other than the terms that were required when the aid was granted, and



3. in the case of a transfer, the transfer agreement set to residential apartments and facilities have been organised with assistance under this regulation and that they may not be used for any other purpose or be granted with conditions which derogate from this regulation and to the buyer at a possible future assignment within the eight-year period to provide the same information.

Documentation and reporting



10 § whoever has applied for or received aid shall submit the information necessary for monitoring and evaluation of eligible measures. This includes providing the evidence necessary for Sweden to fulfil the obligations arising out of the Commission's decision 21/EU.



Building and planning to the last January, every two years, beginning in 2018, provide such information to the Government that may need to be reported to the European Commission according to article 9 of the Commission's decision.



Provincial governments should send information to the building and planning on the use and effects of the aid in relation to the purpose of the aid referred to in paragraph 1.



The amount of aid



11 § Support may be provided for



1. new construction in an amount of not more than 3 600 euros per square meter of living area, 2. rebuilding in an amount of not more than 3 200 euros per square meter of living area, 3. adaptation by an amount equal to not more than a quarter of the cost.



In the case of new construction or remodeling must be provided for a maximum of 35 square metres, however, support per dwelling and up to 15 kvadratmenter per dwelling in the case of areas for joint activities in the areas for the residents ' meals, socializing, hobbies and recreation.



In the case of shipbuilding and a residential apartment which can be used by two people provided support for a maximum of 50 square metres per dwelling and for a maximum of 20 square metres per dwelling in the case of areas for joint activities in the areas for the residents ' meals, socializing, hobbies and recreation.



In the case of adaptation provided support with a maximum of 200 000 per project.



In the case of new construction or renovation or adaptation of residential apartments and areas where there are staff on a daily basis that can support residents during certain specified hours, may also support is provided with a supplement equivalent to one-tenth of the aid referred to in 1 – 3.



section 12 of Aid as referred to in section 11 may not exceed the net cost including a reasonable profit for the organisation and provision of residential apartments and areas under the conditions provided for in this regulation, and shall be calculated in accordance with article 5 of Commission decision 21/EU.



Procedure in State aid cases



Application for support



paragraph 13 of the application for aid is submitted to the County Board in the county where the property referred to in the application are located.

The application shall be submitted to the County Board within six months after the construction project under section 4 has begun.



The application shall be made in accordance with the forms of housing Announces rules on.



Decision support



section 14 of the County Board decides on whether or not aid can be provided. A decision on aid shall contain details of the provisional amount of the aid and the date on which the project will 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 15, when a project is completed, the County Board shall decide on payout for special application. The decision shall set out the final size of the aid. The application shall be submitted to the County Board within six months after completion of the project or, if a project has been completed before the decision on the aid referred to in paragraph 14 has been taken, within two months from the date of the decision. The aid is paid only out of the project, when finished, meets the conditions that formed the basis for the decision.



A decision as referred to in the first subparagraph shall be paid to the paying agency at the time of the decision of the County Administrative Board, are registered as legally qualified owner or tomträttshavare or the owner of a building that does not belong to the property owner in the land registry.



section 16 of the County Administrative Board is to send a payment order to the land registry Department for entry in the land register register part if that housing in the property have been organised


with assistance under this regulation. The registration authority shall notify the owner or tomträttshavaren-in-training that a note has been made.



A note under the first paragraph may be taken away eight years from it that a decision on the disbursement of aid within the meaning of section 15 has been taken. The note may be deleted on the enrolment authority on its own initiative or at the request of the owner or in-training tomträttshavaren.



section 17 of the aid must 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.



Recovery of aid



section 18 of the provincial Government shall decide on the recovery of aid paid in whole or in part if 1. the who sought or received assistance through false statements or otherwise caused to the aid has been provided improperly or with excessive amounts,



2. the aid for any other reason provided incorrectly or with too high amount and the recipient reasonably should have known this,



3. the homes are used for different purposes or with conditions other than that resulting from the aid decision, or 4. the conditions of the aid have not been respected.



The County Board may suspend, in whole or in part a recovery decision if there are special reasons.



For the purposes of the first subparagraph of paragraph 3, the part of the aid be reimbursed proportionally related to the time from when the homes were used for different purposes or with conditions other than arising from decision support through that period in accordance with section 9. This shall also apply if the beneficiary during the period have left the buildings that support has been provided for, and the new owner uses the homes for other purposes or under conditions other than that resulting from the aid decision.



Article 19 if a beneficiary is not entitled to the amount of aid to be repaid, and this interest is levied in accordance with the interest Act (1975:635). Interest requirement may be reduced if there are special reasons.



Appeal



section 20 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 Administration's decision in the appeal case of not paying out aid under section 15 or section 17 shall not, however, be appealed.



Enforcement regulations



section 21 of the Swedish authorities may provide for the enforcement of this regulation.



Transitional provisions



2016:848



1. this Regulation shall enter into force on 15 november 2016.



2. the regulation also applied to the projects begun not earlier than 1 January 2016, if an application for the aid for the project has been submitted to the County Board at the latest by 1 January 2017.