Decree of the Federal Ministry of Finance, Ministry of Finance of the Czech Socialist Republic, Ministry of Finance of the Slovak Socialist Republic and President of the State Bank of Czechoslovak No. 1 / 1982 Coll.
Decree of the Federal Ministry of Finance, Ministry of Finance of the Czech Socialist Republic, Ministry of Finance of the Slovak Socialist Republic and Chairman of the Czechoslovak State Bank on financial, credit and other assistance to cooperative and individual housing construction
Valid
Effective from 15.01.1982
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1
DECLARATION
Federal Ministry of Finance, Ministry of Finance of the Czech Socialist Republic, Ministry of Finance of the Slovak Socialist Republic and President of the Czechoslovak State Bank
of 18 December 1981
on financial, credit and other assistance for cooperative and individual housing construction
Federal Ministry of Finance pursuant to § 391 (1) of the Civil Code No. 109 / 1964 Coll., as amended by Act No. 37 / 1971 Coll. and supplemented by Act No. 144 / 1975 Coll., § 508 (1) of the Civil Code No. 40 / 1964 Coll. and § 28 (d) and (e) of the Czech National Council Act No. 134 / 1970 Coll., on the Rules of the State Budget of the Czechoslovak Federation and on the Principles of the Budget of the State Budget of the Federation and Republics, Ministry of Finance of the Czech Socialist Republic pursuant to § 39 (2) of the Czech National Council No. 60 / 1971 Coll., on the Rules of the State Budget of the Slovak Socialist Republic, and § 508 (1) of the Civil Act No. 40 / 1964 Coll., Ministry of Finance of the Slovak Socialist Republic pursuant to § 39 (2) of the Slovak National Council of the Act No. 1970 (a), p.
SUBJECT MATTER AND SCOPE OF THE ADJUSTMENT
(1) This decree provides for the provision of financial, credit and other assistance to:
(a) housing construction by building housing cooperatives ("cooperative housing construction");
(b) individual housing construction by citizens ("individual housing construction");
(c) the modernisation of family homes carried out by the workers of the production organisations of agriculture and forestry (including school farms) and by the production organisations of industry and construction, as well as by the transport and service organisations that commute daily to work in Prague, Bratislava, Brno, Ostrava, Pilsen and Košice in such a way that the journey there and back by mass means of transport does not last more than 2,5 hours, not including the time of urban public transport ("modernisation").
(2) The Decree applies to cooperative housing construction initiated according to the registration in the building diary from 1 January 1984 and to individual housing construction and modernisation initiated on the basis of a final building permit issued on 1 January 1982.
(1) Cooperative housing construction for the purposes of this Decree means:
(a) building of an apartment house (1), which must have at least 2 living floors, a common staircase, at least 4 apartments all accessible from common corridors or subways and from common entrance;
(b) the setting up of flats by modification of non-residential premises, superstructures or harbours in the premises of socialist organisations;
(c) building modifications of buildings obtained from national property to the housing house [point (a)].
(2) Individual housing construction for the purposes of this Decree means:
(a) building of a family home (2) or a private-owned residential house; 3)
(b) a change in the construction of a family house which, without the use of existing living rooms, will be acquired a new separate apartment without losing the character of a family house;
(c) the change of construction of a building other than a residential building into a family house to be acquired by a new separate apartment;
(d) the setting up of flats by modification of non-residential premises, superstructures or harbours in private-owned dwellings.
(3) For the purposes of this decree, modernization shall mean the construction of houses of the family or, where applicable, the residential areas of the agricultural estate, owned or co-owned by the workers referred to in § 1 (1) (c), which will give rise to an apartment of category IV.4)
_
Conditions for providing assistance
Assistance under this decree with building housing cooperatives ("the cooperative ') is provided for construction included in approved complex housing schemes, 5) which is project prepared, contracted and licensed.
State contributions
Basic contribution
(1) The basic contribution shall be 11 100 CZK for each apartment without account being taken of its size and 1200 CZK for each m2 of actual area of use 6) of the house up to an area of 85 m2 for each apartment (hereinafter referred to as the "utility area ').
(2) If the cooperative sets up the housing as referred to in Article 2 (1) (b) or (c), the contribution referred to in paragraph 1 may not exceed 50% of the budgetary costs, increased in construction as referred to in Article 2 (1) (c), at the purchase price of the building.
Special allowances
(1) In addition to the basic contribution provided for in Article 4, a special contribution shall be granted for the construction of housing houses
(a) by 4 or by 9 to 12 residential floors (hereinafter referred to as "floors"), in an amount of 240 CZK per m2 of utility space,
(b) built in rural municipalities, in particular for agricultural or forestry workers or cities on land where, according to the assessment of the National Committee, multi-storey housing cannot be built, in the amount of
1. 470 Kčs per 1 m2 of utility space, if you go for 3-floor housing,
2.670 CZK per m2 of utility area, if it is two-storey housing houses.
(2) If, exceptionally, the national committee designates a cooperative to build a housing house of more than 12 floors, a special contribution, in addition to the basic contribution provided for in Section 4, shall be granted to the difference between the budgetary costs of the housing in that house and the costs of building comparable flats in a house of 8 floors; increased costs due to territorial effects (paragraph 4) shall not be taken into account when determining the difference.
(3) For the purpose of determining the specific contribution referred to in paragraphs 1 and 2, a floor (above and below ground) in which the area of the flats exceeds 50% of its total area shall be considered as a living floor.
(4) In order to compensate for the increased costs resulting from territorial influences (7), a specific contribution shall be granted in respect of the amount invoiced for this reason by the supplier's construction organisation and, where appropriate, of the proven increased costs of the construction carried out by self-help.
(5) Where the construction of cooperative flats is carried out in buildings meeting the conditions of the construction systems listed below (8) (hereinafter referred to as "the buildings'), a specific contribution shall be granted, in addition to the specific contribution referred to in the preceding paragraphs, for each m2 of the utility area:
(a) 100 Kčs, if these are flats in the BANKS-S buildings,
b) 150 CZK, if these are flats in VVU-ETA buildings.
(6) In addition, a special contribution shall be granted to cover the increased costs of building a housing house which have been caused by difficult conditions of incorporation, by the construction of specially adapted apartments for disabled persons or other influences which do not increase the standard of housing and do not call for the requirements of the cooperative. A special contribution to the exceptionally difficult conditions of incorporation shall be granted only for the costs of the lower structure, in excess of the proportion of the budgetary costs of the housing in question, attributable to these costs under normal conditions of establishment; The increased costs resulting from territorial effects shall not be taken into account.
(7) The basic technical equipment not included in the budget costs of the housing house, 9) which is acquired by the cooperative in connection with the construction of the housing house and which becomes its property (wells, septics, etc.) shall be granted a special contribution equal to the costs associated with its acquisition.
Provision of state contributions
(1) State contributions to cooperative housing are granted to the cooperative Regional National Committee (National Committee of the City of Prague, the National Committee of the Slovak Socialist Republic of Bratislava) or the designated National Committee (hereinafter referred to as the "National Committee") from an earmarked state subsidy.
(2) The contributions shall be decided by the national committee in administrative proceedings at the request of the cooperative, which the cooperative shall, as a rule, not later than 30 days before the planned start of construction. The contribution shall be transferred by the National Committee to the account of the State contribution to construction housing cooperatives at the relevant branch of the Czechoslovak State Bank (hereinafter the "Bank '). The Bank shall not transfer the contribution to the investment account of the cooperative until the own funds of the cooperative for construction have been exhausted, gradually.
(3) The amount of the special contributions granted pursuant to Article 5 (4), (6) and (7) shall be specified according to the actual costs after completion of the construction. The necessary supporting documents, in particular the original budget and the final invoice, including the necessary specification, shall be submitted by the cooperative to the national committee as a rule within 3 months of the adoption of the approval decision.
Special purpose investment loan for cooperative housing
Conditions and amount of credit
(1) The special-purpose investment loan for cooperative housing construction (hereinafter referred to as "the loan") is granted by the Bank on condition that the financing of the construction is secured by its own funds (members' shares in the money or, where appropriate, the value of the contracted personal or in-kind performance of the members of the cooperative), by an amount equal to at least 26% of the basic contribution granted under Paragraph 4.
(2) The Bank grants a loan up to the total cost of the construction of the non-covered housing contributions referred to in paragraphs 4 and 5 and the own funds of the cooperative referred to in paragraph 1, but up to a maximum of CZK 15 000 for each apartment without regard to its size and CZK 1000 for each m2 of commercial area. For this purpose, the total cost of construction shall include, in addition to the budgetary costs of the housing house, reduced by the cost of built-in non-residential equipment, as well as the cost of the project, the engineering and completion activities and pre-project preparation, provided that it is not provided free of charge in accordance with Article 9 (1) (d).
(3) The Bank may refuse the loan to the costs incurred by the non-economic solution or construction.
(4) For buildings where the contributions provided for in Articles 4 and 5, the credit referred to in paragraph 2 and the own funds of the cooperative referred to in paragraph 1 do not fully cover the total cost of construction, the own funds of the cooperative (s) shall be increased above the minimum amount referred to in paragraph 1 so that the total cost of construction is financially covered.
(5) The loan is granted with a maturity of up to 30 years at an interest rate of 1%.
Provision and repayment of credit
(1) The Bank provides a loan at the request of the cooperative and other documents submitted by the cooperative pursuant to Article 15 (2). The application for a loan shall be submitted by the cooperative with a decision of the National Committee in accordance with Article 6 (2) so that the loan may be authorised before construction begins. The credit agreement between the bank and the cooperative shall specify more detailed terms and conditions for the drawing and repayment of the loan.
(2) The cost of construction is borne by the loan only after the own funds of the cooperative (s) have been exhausted and the contributions granted to the cooperative pursuant to § 4 and 5. The cooperative shall be obliged to transfer the members' shares, or part thereof, which is not contractually guaranteed by the personal or in-kind performance of its members before the construction takes place into its investment fund account with the bank.
(3) The loan is repaid by the same half-yearly instalments including interest. The first half-yearly payment shall be payable no more than 2 years, for self-help construction no more than 3 years after the date of commencement of construction.
Other assistance for cooperative housing
Assistance to national committees
(1) National Committee
(a) surrender to the cooperative free of charge until permanent using11) the required building plot in a condition eligible for construction (e.g. deplaned crops and buildings);
(b) as an investor, it shall ensure the construction and payment of the special-purpose state subsidy for the construction of buildings of basic technical equipment for residential construction, including the connection of the cooperative's housing to the public network of communication, electricity, water, sewage, gas, water, etc.;
(c) does not require any compensation from the cooperative for the withdrawal of agricultural land from agricultural production; 12)
(d) in the case of concentrated construction, provide pre-project preparation for the cooperative free of charge.
(2) If the cooperative is ordered to equip the housing house with a light mark, permanent CO covers, hydrophone stations, or other equipment caused by general needs, the national committee shall pay the cooperative
(a) the cost of their acquisition by a special contribution pursuant to Article 5 (6);
(b) the costs of operating, maintaining and repairing them under non-subsidised means, including those installations the construction of which started or was carried out before 1 January 1982.
Assistance to socialist organisations in the work of self-help of the cooperative
(1) For the work carried out in the construction of housing houses by a cooperative, the Socialist Organisations (13) may, under the economic contract, delegate to cooperatives their machinery, production facilities or means of transport necessary for the construction of apartments or for the production of building materials and components for such construction to replace the corresponding proportion of depreciation, service wages, including the amount corresponding to the insurance sickness insurance (14) and the cost of fuel, energy, etc., provided that the cooperative does not provide itself. This assistance can only be provided by socialist organisations to cooperatives whose workers are members.
(2) Assistance under paragraph 1 may be provided by socialist organisations only in a way and to an extent that does not interfere with the performance of their planned tasks.
Construction of cooperative housing for stabilisation and recruitment of labour
One-off contribution from socialist organizations to cooperatives
(1) Socialistic organisation13) in the construction of cooperative dwellings designated by the State for the stabilisation and recruitment of labour (hereinafter referred to as "stabilising construction"), provide the cooperative with a one-off contribution of 3000 Kcs for each apartment intended for its workers. The obligation to pay this contribution arises on the date of the conclusion of the cooperation agreement on the allocation of cooperative housing to stabilise and recruit labour force 15) between the organisation and the cooperative.
(2) If, on a proposal from a socialist organisation, the cooperative assigns a vacant flat from a construction site for which a one-off or free-of-charge aid has not been granted to the cooperative in accordance with the regulations previously in force, 16) it shall grant a one-off contribution of CZK 1000 to the cooperative.
(3) One-off contributions are paid by state economic organisations and foreign trade organisations in the context of the other use of profits, budget organisations in the framework of the approved budget, 17) contribution organisations from the operating contribution granted to them from the relevant budget. 18)
Stabilisation contributions to the composition of membership shares in cooperatives of socialist organisations
(1) Socialistic organisations providing the activities referred to in paragraphs 2 to 4 may provide their staff with stabilising contributions to the composition of member shares in cooperatives. The stabilisation contributions may not exceed the number of flats for this purpose specified in the breakdown of the state plan within the total number of cooperative flats intended for recruitment and stabilisation of the workforce ("priority flats'). Stabilisation allowances (hereinafter referred to as" contributions') may be granted up to 100%, or 75%, or 50% of the minimum membership (Section 7 (1)).
(2) Up to a full minimum member share, contributions may be granted to workers and operating technicians immediately working on the extraction of fuels, radioactive raw materials, ores and non-ore raw materials underground (including construction, reconstruction and geological exploration).
(3) Up to 75% of the minimum Member State share, contributions may be granted to workers and operating technicians working for:
(a) in the surface extraction of coal, radioactive raw materials, ores from which metals can be industrially produced, and reserved minerals extracted by a mining process (19) (including construction, reconstruction and geological exploration);
(b) the construction and operation of nuclear power plants;
(c) the construction and reconstruction of long-distance networks (20) and the operation of bilge networks underground;
(d) in dangerous products, 21)
(e) essential operational activities of rail transport, 22)
(f) in selected activities with a high risk of professional harm to the metallurgical industry including engineering metallurgy and glass metallurgy, heavy chemistry, coking plants, gas plants, cement plants and limestone, ceramics, mineral fibres and processing of asbestos and magnesite, 23)
(g) investment in areas with insufficient construction capacity (construction of flats for construction organisations in such places), 24)
(h) in the agricultural sector (including school holdings) in mountain and submountain areas, as well as in selected production agricultural organisations lagging behind in the long term due to a shortage of skilled labour, as determined by a superior central authority.
(4) Up to 50% of the minimum membership may be granted:
(a) workers and operating technicians working:
1. in the production of nutrients and natural gas (including construction and geological exploration),
2. in the construction of underground gas storage tanks (including geological exploration),
3. in the treatment of coal, ores and reserved minerals extracted in a mining way, 19)
4. in selected production organisations established by the national target programmes, provided that the exchange rate of workers is reached at least 1,5 or is demonstrated by a specific binding programme to achieve it by the end of 1985 at the latest;
5. in selected organisations with highly efficient export production25) engineering, electrical, woodworking, glass, ceramics and porcelain industry, textile, assembly, leather, polygraphic, medical and pharmaceutical industries with good sales prospects and long-term sales growth.
6. in selected professions, external assembly of organizations of federal ministries of metallurgy and heavy engineering and electrical engineering,
7. on agricultural organisations (including school holdings) outside the organisations referred to in paragraph 3 (h),
(b) selected staff of organisations with particularly difficult long-term conditions for the security of labour, individually selected by the competent central authority in agreement with the Federal Ministry of Finance, the State Planning Commission and the Federal Ministry of Labour and Social Affairs; for organisations managed by the authorities of the Republic, the selection shall also take place after consultation with the Ministry of Finance, the Ministry of Labour and Social Affairs and the Planning Commission of the Republic.
(5) The competent central authorities, in cooperation with the competent trade unions, shall determine the organisations which may grant contributions (hereinafter referred to as "selected organisations"). These authorities may also define in more detail the specific professions of workers and operating technicians for which priority apartments are primarily designated.
(6) Where a priority apartment is allocated to a worker not included in the priority group of workers in an organisation with a priority activity, the organisation may grant a contribution only up to the amount of:
(a) 50% of the minimum Member State share if it is an organisation with a priority activity referred to in paragraph 2 or 3;
(b) 40% of the minimum Member State share, if it is an organisation with a priority activity referred to in paragraph 4.
For organisations in which, in addition to the priority activities referred to in paragraph 2 or 3, the priority activities referred to in paragraph 4 are also carried out, the contribution shall be carried out in accordance with point (b) of this paragraph.
(7) Contributions may be granted by the selected organisations, after prior agreement of the racing committee ROH26), only to workers who have not received non-refundable financial assistance for the composition of a member's share of the cooperative building or acquisition or, where appropriate, the modernisation of the home (personal) or a one-off contribution to the replacement housing arrangements. It is not decisive whether such aid was granted under this decree, other regulations or previously applicable rules.
(8) The contributions are provided by the selected organisations on condition that the worker undertakes to work continuously with them and uses the cooperative apartment as a member of the cooperative
(a) for a period of 15 years if the contribution has been granted in accordance with paragraph 2;
(b) for a period of 12 years if the contribution has been granted in accordance with paragraph 3;
(c) for a period of 10 years, if the allowance has been granted in accordance with paragraph 4 or paragraph 6, as well as with paragraph 2 or paragraph 3, but only for a worker who, for health reasons, cannot work in a given profession for more than 10 years.
The period of the stabilisation commitment shall be calculated from the date on which the stabilisation contribution contract was concluded.
(9) If the worker of the selected organisation to whom the contribution has been granted releases a priority flat from the stabilising construction and his right to use the latter ceases to exist, that organisation may grant a full amount, or 75% or 50% of the residual value of the minimum member share, to the next member of the priority group to which the cooperative may, on request, grant the latter. Similarly, selected organisations may proceed when their worker (or former worker) releases a cooperative apartment, the construction of which started before 1 January 1982, provided that, under the rules in force at the time of construction, 27) a stabilisation loan (contribution) could be granted for the composition of the membership. In this case, a priority group worker may be granted a contribution to the amount corresponding to the residual value (or a percentage of the specified part) of the minimum member share calculated in accordance with the rules in force at the time the construction of the cooperative housing begins.
(10) The contribution shall be provided by the selected organisation on the basis of a written contract in which the worker undertakes to repay the contribution if he fails to comply with one of the conditions (paragraph 8) under which the contribution was granted. The organisation shall monitor compliance with the terms of the contract and, in the event of a breach, require reimbursement of the contribution. The refund shall be made by the organisation into a special account of the competent Ministry of Finance from which the contribution was drawn. 28)
(11) The repayment of the contribution shall not be required before the termination of the contractual period of the stabilisation commitment if:
(a) a worker dies or becomes wholly disabled as a result of an accident at work or occupational disease not caused by him;
(b) a worker becomes permanently unfit for work as a result of the performance of that work, in the case of an occupational disease or a threat to that disease, or for an expired exposure period, or an uncaused accident at work, or any other disease, arising from or significantly deteriorating from the effects of the working environment.
In other lucrative social cases, the organisation may waive the refund of the contribution in agreement with the ROH Racing Committee only with the agreement of the directly superior body.
(12) In the event that the worker is transferred to another organisation as a result of organisational changes, no refund shall be required if, in addition to the contract, the worker undertakes to fulfil and fulfils the outstanding period of the stabilisation commitment with the organisation to which he has transferred. If a worker moves to another organisation in the public interest, the agreement with the ROH racing committee and with the agreement of the central authority of the superior organisation which provided the contribution may be treated mutatis mutandis.
(13) Contributions shall be granted from the special-purpose subsidy to members' shares in the cooperative stabilisation housing construction contained in the State budgets of the Federation of the Republic. The reimbursement procedure shall provide for specific guidance. 28)
Backup of membership shares
(1) In stabilising construction intended for recruitment workers who are not known before the construction of the housing house, they shall make up the members' shares for these workers in the cooperative
(a) organisations which create a building fund from the resources of that fund;
(b) organisations which do not create a construction fund from non-investment funds, 18)
not later than 30 days before the planned start of construction.
(2) In the event of a lack of funds to finance investments, the bank may grant a bridging investment loan to the organisation that creates the construction fund.
(3) The cooperative shall be obliged to return the advance payment on the membership shares to the organisation no later than one month from the date on which the staff of the designated organisation paid up the membership shares.
(4) If the organisation does not propose to the cooperative a further allocation of the apartment until the deadline within which the cooperative is obliged to pay the member's share of the former user, the organisation shall apply mutatis mutandis in accordance with paragraph 1.
Loans from state savings banks
A loan with a maturity of up to 10 years at an interest rate of 2,7% may be granted to a member of the cooperative on the composition of a member's share of the cooperative's flat.
Bank control
(1) The Bank carries out the financing of cooperative housing and carries out a random economic control of the construction and management of the cooperative. 29)
(2) The cooperative submits to the Bank financing documents (30), where appropriate, additional supporting documents requested by the Bank.
INDIVIDUAL BUILDING
Contributions
Conditions for granting contributions
The contribution to individual housing under this decree may only be granted to the builder under the conditions that:
(a) the construction has been properly authorized (31) and is carried out in accordance with the concept of long-term development of the settlement, 32)
(b) the construction meets the conditions laid down in the technical regulations and a separate apartment will be furnished for at least 3 persons, 1)
(c) no approval decision has yet been given for the construction;
(d) the builder has not yet received non-refundable financial assistance for the composition of a member's share of the cooperative building apartment or for the acquisition or, where appropriate, modernisation of the family home (privately owned apartment) or a one-off contribution to the replacement housing measure; However, it is not decisive whether such aid has been granted under this Decree, other regulations or previously applicable rules.
Stabilisation contributions to socialist workers
(1) Workers of socialist organisation13) (hereinafter referred to as "the organisation") may be granted a contribution of up to CZK 25 000 for individual housing construction in order to stabilise.
(2) The contribution referred to in paragraph 1 may be increased:
(a) up to 20 000 CZK, if it is a worker of a production organisation for the extraction of fuels, ores, radioactive raw materials and dedicated minerals extracted in a mining way, 19) for the production of concentrates containing radioactive elements, for the construction and operation of nuclear power stations, for a rail worker or for a worker of an agricultural production organisation (including a school farm) in mountain and submountain areas or for an agricultural production organisation lagging behind the lack of qualified labour, as determined by a superior central authority;
(b) up to 10 000 Kčs, if the worker of the manufacturing organisation of the sector 33) basic metallurgical production, processing and refining of fuels, ores and reserved minerals, 19) production of gas, chemical and rubber-based industries, engineering, electrical and metal-working industries, construction materials, wood-working industries, paper and cellulose industries, glass, ceramics and porcelain, textile, confectionery, leather, polygraphic, food and food industry, freezer, plant and tobacco production (including sewerage), production of industrial feed, construction, conformation, forestry, forestry, energy industry, transport and agriculture [excluding the organisations referred to in (a)], or by teachers and schoolmakers of schools and factory plants in the rural community, if in the municipality of the municipality of the municipality of the municipality of its production;
(c) up to 10 000 CZK, where construction is carried out in the form of group houses satisfying the technical conditions laid down by the Ministry of Construction and Technique (34) or in the form of an apartment for personal ownership;
(d) up to 10 000 Kčs if the construction is carried out on land with heavy base conditions (sloping, sown, etc.) 35) or on land obtained by demolition of old non-compliant objects.
The increases referred to in points (a) or (b) may be added to the increases referred to in points (c) and (d) if the conditions laid down are met.
(3) The condition for granting the contribution referred to in paragraphs 1 and 2 shall be that the worker undertakes in the contract (Paragraph 18 (1)):
(a) carry out the construction in accordance with the applicable building permit and work continuously in the organisation 10 years after the conclusion of the contract; workers who, in view of the age limit laid down for their entitlement to an old-age pension, are not eligible to fulfil this stabilising obligation may be granted a contribution under those conditions if they undertake to work continuously for at least 5 years from the date of conclusion of the contract in the organisation before the establishment of entitlement to an old-age pension;
(b) do not transfer the house (flat) for a period of 10 years after the conclusion of the contract to another person and use it for permanent residence;
(c) to carry out construction at the place of work or, where appropriate, at the place where daily commute to work by mass means of transport so that the journey there and back does not take more than 2,5 hours, not including urban public transport time; the central authorities may determine the categories of staff for whom this condition may be waived.
(4) Where several building builders jointly implement the construction of a family house with several apartments, the contribution referred to in paragraphs 1 and 2 may be granted to each of them; the number of contributions shall not exceed the number of flats built. Only one allowance may be granted to spouses.
(5) In order to promote the accelerated completion of individual housing construction, the Regional National Committee (National Committee of the City of Prague, National Committee of the Slovak Socialist Republic of Bratislava) responsible for the site of construction may provide that the upper limit of the stabilisation contribution referred to in paragraph 1 in its area of competence is 21 000 Kcs. In this case, upon completion of the construction, a contribution of 4000 CZK per flat will be paid to the builders if the construction was carried out in accordance with a valid building permit and the approval decision was issued within 36 months of the date of issue of the building permit. The contribution of 4000 CZK will be paid by the state savings bank on the basis of confirmation from the National Committee, which will be presented to it by the builder. This contribution is used to cover any loan granted to him by the savings bank for construction (Section 21). If such a loan has not been granted, the savings bank shall pay this contribution to the builder.
Contract granting a stabilisation contribution
(1) The contribution referred to in Article 17 (1) and (2) shall be granted on the basis of a written contract concluded by the organisation with its worker in agreement with the ROH racing committee and the district national committee responsible for the construction site. The contract form shall be issued to the builder by the branch of the state savings bank.
(2) The contract shall be signed by its statutory authority or by its representative. 36) The contract shall be submitted by the organisation to the district national committee referred to in paragraph 1, which shall confirm it and send it to the State Savings Bank responsible for the place of construction (hereinafter referred to as "the State Savings Bank '); if the contract does not comply with the agreement referred to in paragraph 1, the national committee shall return the contract to the organisation.
(3) The organisation shall undertake, in the worker's contract, to repay the stabilisation allowance in the event that the worker fails to comply with one of the conditions (Paragraph 17 (3)) of the contract agreed. The organisation shall monitor compliance with the terms of the contract and, in the event of breach, request the refund of the contribution without delay. The refund shall be made by the organisation to the state budget via the state savings bank.
(4) The repayment of the contribution shall not be required before the termination of the contractual period of the stabilisation commitment if:
(a) a worker dies or becomes wholly disabled as a result of an accident at work or occupational disease not caused by him;
(b) the worker becomes permanently unfit for work as a result of his or her work, due to his or her medical condition, for an occupational disease or a threat to that disease, or for an expired exposure period, or for an uncaused accident at work, or any other disease, arising from or significantly deteriorating from the work environment.
(5) In other lucrative social cases, in agreement with the ROH Racing Committee and the District National Committee responsible for the place of construction before the end of the contractual period of the stabilisation commitment, the contribution may be waived only with the agreement of the directly superior body.
(6) In the event that the worker moves from an organisation to another organisation as a result of an organisational change, no refund shall be required if the worker undertakes to fulfil the outstanding period of the stabilization commitment with the organisation to which he has transferred to the contract in addition to the contract; if the worker moves to another organisation in the public interest, it may be treated by analogy with the agreement of the ROH racing committee and the central authority of the superior organisation which provided the contribution.
Contributions to other citizens
(1) Citizens engaged in an occupation in which they do not enter into an employment relationship or an employment relationship, workers who, by reason of their age, do not fulfil the conditions for conclusion of a contract under Article 17 with a stabilising obligation of not even 5 years and pensioners may be granted a contribution of the amount laid down in Article 17 (1) and (2) (c) and (d) on the basis of a contract concluded with them by the district national committee responsible for the place of construction. The condition is that a citizen
(a) the construction is carried out in accordance with a valid building permit; and
(b) it shall not transfer the house (flat) within 10 years of the conclusion of the contract to grant a contribution to another person and shall use it for permanent residence for that period.
The contract form shall be issued to the builder by the branch of the state savings bank. The contract shall be sent by the District National Committee to the State Savings Bank.
(2) Paragraphs 17 (4) and (5) and 18 (3) apply mutatis mutandis.
(3) In lucrative social cases, the refund may be waived only with the agreement of the Regional National Committee.
Reimbursement and use of construction allowance
(1) On the basis of a contract concluded and submitted pursuant to § 18 or 19, the State savings bank shall pay a contribution to the non-interest-free account of the builder, which shall be set up without a citizen's order.
(2) The contributions shall be paid from the special-purpose subsidy for individual housing contained in the State budgets of the Republics. The sums paid for the interest-free accounts of the builders will be settled by the state savings bank with the relevant Ministry of Finance on the basis of the special-purpose subsidy.
(3) The funds in the interest-free account can only be used by the builder to cover the costs associated with the construction. The State Savings Bank shall proceed with the mobilisation of these funds in a similar manner to the payments it provides from housing loans.
(4) In the event that, following the approval decision, part of the funds in the non-interest-free account of the builder will not be used up, it can only be used to cover the loan granted by the State savings bank pursuant to § 21. Unused funds shall be returned by the State Savings Bank to the State budget of the Republic concerned. This provision does not concern the use of the contribution of 4000 CZK pursuant to § 17 (5) which, if it cannot be used for the payment of the loan, will be paid by the savings bank to the builder.
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Regulation Information
| Citation | Decree of the Federal Ministry of Finance, Ministry of Finance of the Czech Socialist Republic, Ministry of Finance of the Slovak Socialist Republic and President of the State Bank of Czechoslovak No. 1 / 1982 Coll., on financial, credit and other assistance cooperative and individual housing construction |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.01.1982 |
|---|---|
| Effective from | 15.01.1982 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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