Government Decree No. 1 / 2021 Coll.
Government regulation on the conditions for the use of funds by the State Fund for Investment Support in the form of a loan granted to modernise or acquire dwellings
Valid
Effective from 15.01.2021
1
GOVERNMENT REGULATION
of 21 December 2020
on the terms and conditions for the use of funds by the State Investment Support Fund in the form of a loan granted for the modernisation or acquisition of dwellings
The Government orders pursuant to Section 9 of Act No. 211 / 2000 Coll., on the State Fund for Investment Support, as amended by Act No. 61 / 2005 Coll. and Act No. 113 / 2020 Coll.:
Subject matter
This Regulation regulates the conditions for the use of funds from the State Investment Support Fund ("the Fund ') in the form of a loan granted for modernisation or acquisition of dwellings (" the loan').
Definition of terms
For the purposes of this Regulation:
(a) housing
1. an apartment, the dwelling being a set of rooms or 1 living room, where appropriate, which, by its constructively technical arrangement and equipment, meet the requirements for permanent housing and are intended for this purpose of use;
2. a family house in which more than half of the floor area complies with the requirements of permanent family housing and is intended for that purpose; the family house may have a maximum of 3 separate apartments, a maximum of 2 above-ground and 1 underground floor and attic; or
3. cooperative interest in the housing cooperative, which is associated with the right to rent the cooperative flat to the recipient,
(b) by modernising the housing housing housing as referred to in (a) (1) or (2) or connecting the family house to public networks of technical equipment;
(c) construction
1. new building of the family house, or
2. change of construction or part thereof into a dwelling;
(d) the acquisition of a residence
1. housing construction,
2. purchase of dwellings; or
3. purchase of a real estate item, including a dwelling.
Conditions for granting credit
(1) Credit for modernisation or acquisition of dwellings may be granted to an applicant who:
(a) live in a marriage or registered partnership in which at least one of the spouses or registered partners has not reached the age of 40 at the date of submission of the application for credit; or
(b) does not live in a marriage or registered partnership, has not reached the age of 40 at the date of submission of the application for credit and is permanently looking after a child who has not reached the date of submission of the application for credit of 15 years.
(2) The loan may be granted,
(a) if the applicant demonstrates the ability to repay the loan,
(b) if the credit is adequately secured, at least up to its outstanding amount; and
(c) if, on the date on which the application for credit is submitted, the applicant has not registered a arrears payment
1. with the authorities of the Financial Administration of the Czech Republic and the authorities of the Customs Administration of the Czech Republic, with the exception of the arrears for which it is permitted to wait his payment or to distribute his payment on instalments,
2. insurance premiums and periodic penalty payments for public health insurance; and
3. on social security premiums and periodic penalty payments and contributions to national employment policy, with the exception of arrears for which repayment has been granted in instalments and is not late in repayment of payments.
(3) The loan cannot be granted
(a) repeatedly to the same applicant or to another applicant who lives in the household with the recipient of the credit, except for the adult child of the applicant, or the sibling of the applicant;
(b) an applicant to whom funds have been provided under:
1. Government Decree No. 97 / 2002 Coll., on the use of the resources of the State Housing Development Fund in the form of a loan to cover part of the costs associated with the construction of an apartment by persons under 36 years of age, as amended,
2. Government Decree No. 616 / 2004 Coll., on the use of the resources of the State Housing Development Fund in the form of a loan to cover part of the costs associated with the construction or acquisition of an apartment by certain persons under 36 years of age, as amended,
3. Government Decree No. 28 / 2006 Coll., on the conditions for the use of the funds of the State Housing Development Fund in the form of a loan to cover part of the costs associated with the modernisation of the apartment by certain persons under 36 years of age, as amended,
4. Government Decree No. 100 / 2016 Coll., on the use of the resources of the State Housing Development Fund in the form of loans for the acquisition of dwellings by persons under 36 years of age caring for a child under 6; or
5. Government Decree No. 136 / 2018 Coll., on the conditions for the use of the funds of the State Housing Development Fund in the form of a loan granted for modernisation or acquisition of dwellings,
(c) an applicant whose spouse or registered partner has been provided with funds under the Government Regulation referred to in (b);
(d) where the funds of the loan should be used for repayments of another loan.
(4) The modernisation credit may be granted to the applicant who is the owner or co-owner of the modernised dwelling at the time of the application for credit.
(5) A loan for the acquisition of dwellings cannot be granted to an applicant who is at the time of the application for credit
(a) the owner or co-owner of the dwelling; or
b) a member of the housing cooperative and also a tenant of the cooperative apartment.
(6) A loan for the acquisition of a residence cannot be granted to an applicant whose spouse or registered partner is at the time of the application for credit
(a) the owner or co-owner of the dwelling; or
b) a member of the housing cooperative and also a tenant of the cooperative apartment.
(7) The loan cannot be granted for the construction of dwellings pursuant to § 2 (a) (2) located in the flood area. This does not apply if the dwelling is insurer to the flood and it is at the same time given a consensual opinion by the water authority with any restrictive conditions for construction.
(8) If the beneficiary of the loan uses or uses part of the dwelling for business purposes, the aid under this Regulation shall be limited in accordance with the rules governing the granting of small-scale aid under the directly applicable European Union1).
Application for credit
(1) A written application for credit is submitted by the applicant to the Fund; credit applications shall be dealt with in the order in which they were received by the Fund.
(2) The application for credit contains:
(a) the name and, where applicable, the name, surname, address of residence and date of birth of the applicant;
(b) the name and, where appropriate, the name, surname and date of birth of the spouse or registered partner, if the applicant lives in a marriage or registered partnership;
(c) the name and, where applicable, the name, surname and date of birth of the minor whom the applicant takes care of in the case of the applicant in accordance with Article 3 (1) (b);
(d) the amount of the loan requested, the proposed collateral and the purpose of the use of the loan.
(3) The application for credit shall be accompanied by:
(a) project documentation processed by an authorised person under another legislation, provided that the project documentation is required by another legislation (m2) for the acquisition of the dwelling by construction or modernisation of the dwelling;
(b) a purchase contract or contract for a future purchase contract, if it goes to purchase a loan for the acquisition of a dwelling,
(c) a document proving the applicant's ownership of the dwelling if the application for a loan is for the modernisation of the dwelling;
(d) an item budget, if it is for an application to grant a loan for the modernisation of dwellings or the acquisition of dwellings by construction;
(e) documents proving the amount of the applicant's income and, if he lives in a marriage or registered partnership, documents proving the amount of his spouse's or his registered partner's income;
(f) proof that the applicant does not have to register a supplement at the date of application
1. with the authorities of the Financial Administration of the Czech Republic and the authorities of the Customs Administration of the Czech Republic, with the exception of the arrears for which it is permitted to wait his payment or to distribute his payment on instalments,
2. on insurance premiums and periodic penalty payments for public health insurance and on insurance premiums and periodic penalty payments for social security and the contribution to national employment policy, with the exception of arrears for which repayment has been granted in instalments, and is not late for repayment of payments;
(g) the statement by the competent authority of the water authority that the dwellings referred to in Article 2 (a) (2) acquired by construction are not located in the flood area or, if the dwelling is situated in the flood area, the consent of the water authority to any restrictions on the conditions for construction;
(h) in the case of a request for a loan for the acquisition of a dwelling, a declaration by the applicant that the applicant, or his spouse or registered partner, is not, at the time of the application for a loan, the owner or co-owner of the dwelling or a member of the housing cooperative, who is also the tenant of the cooperative flat in that housing cooperative,
(i) permit of construction under the building law; and
(j) a construction contract concluded with the contractor of the construction, unless the applicant himself carries out the construction.
(4) If the application for credit is incomplete, the Fund shall invite the applicant within 30 days of the date of receipt of the request for credit to complete it within a reasonable period set by the Fund. If the applicant fails to complete the required data within the time limit, the Fund shall not grant the loan.
(5) The Fund may invite the applicant to substantiate the additional supporting documents needed to assess the purpose of the loan and the applicant's ability to repay the loan or to demonstrate compliance with the conditions for granting the loan. If the applicant fails to complete the required data within a reasonable period set by the Fund, the Fund shall not grant the loan.
Credit amount and interest rate
(1) The amount of the loan is:
(a) at least 50 000 CZK and not more than 750 000 CZK to modernise the accommodation;
b) not more than CZK 3,500,000 for the acquisition of a family house
1. construction, but not more than 90% of the actual construction costs;
2. purchase, but not more than 90% of the price agreed or the price customary under the Law on the valuation of assets, if less than the price agreed, including the price of the land,
c) no more than CZK 3 000 000 for the acquisition of the dwelling will buy the apartment or cooperative interest in the housing cooperative, but no more than 90% of the price agreed or the price of the usual apartment or cooperative interest in the housing cooperative under the law on the valuation of assets, if less than the price agreed.
(2) The interest rate is fixed at the level of the basic rate of the European Union applicable to the Czech Republic on the date of entry into force of the credit agreement minus 3 percentage points, but not less than 1% and not more than 3% per year. The interest rate is fixed for 5 years. After 5 years, a new rate of interest shall be fixed at the level of the basic rate of the European Union applicable to the Czech Republic for the first day of the new fixation period, reduced by 3 percentage points, but not less than 1% and not more than 3% per year.
(3) If the period of 5 years for which the interest rate is fixed in accordance with paragraph 2 expires at the time of the interruption of the repayment of the principal referred to in Paragraph 8 (4) or (5), the new period for which the interest shall be fixed in accordance with paragraph 2 shall begin to run on the day following the end of the interruption of the principal. In that case, the new interest rate shall be set at the level of the European Union standard rate applicable to the Czech Republic for the first day of the new fixation period, reduced by 3 percentage points, but not less than 1% and not more than 3% per year.
(4) The remuneration of the spent part of the loan begins on the date on which the loan is drawn up.
Conclusion of the credit agreement
If the conditions for granting the loan are met, the Fund shall submit to the applicant an invitation to conclude a credit agreement if it has the funds to grant the loan. If, for reasons other than those of the applicant, a credit agreement is not concluded within 1 year of receiving the Fund's call for a credit agreement, the Fund shall not grant the loan.
Conditions for borrowing
(1) The modernisation loan may be drawn on the basis of documents submitted in one or more steps. The drawing must be completed within 1 year of the date of conclusion of the credit agreement.
(2) A loan for the acquisition of housing by construction can be drawn on the basis of documents submitted in one or more steps. The credit shall start within 1 year of the date of conclusion of the credit agreement and end no later than 3 years after the date of conclusion of the credit agreement. The construction of the family home must be completed within 3 years of the date of conclusion of the credit agreement, unless this period is extended during the repayment of the loan at the request of the beneficiary of the Fund.
(3) The purchase-purchase loan may be drawn on a one-off basis. The credit shall start within 1 year of the date of conclusion of the credit agreement. The beneficiary shall provide evidence demonstrating the effective use of the credit within 1 year of the date of conclusion of the credit agreement.
Credit maturity
(1) The loan is repaid monthly by repayment of principal and interest and can be repaid early at any time.
(2) The maturity of the loan must be agreed so that the repayment period does not exceed:
(a) 10 years after the date of conclusion of the credit agreement for the modernisation of dwellings;
(b) 30 years from the date of conclusion of the credit agreement for the acquisition of the dwelling.
(3) At the request of the beneficiary, the Fund will allow the start of the repayment of the principal for up to 6 months. This shall be without prejudice to the maximum maturity referred to in paragraph 2.
(4) The Fund shall, at the request of the beneficiary, allow the payment of the principal to be interrupted for up to 2 years on account of the birth, adoption, detention, custody or foster care of the child, provided that the beneficiary is permanently nurturing the child. The total maturity of the loan shall subsequently be extended by the period for which the interruption of the principal payment was permitted, while meeting the conditions set out in paragraph 7.
(5) At the request of the beneficiary, the Fund may also allow the payment of principal to be interrupted due to the loss of employment for more than 3 months, illness lasting more than 3 months or the death of a member of the household. For these reasons, the total period of interruption of the principal payment may not exceed 2 years. The total maturity of the loan shall subsequently be extended by the period for which the interruption of the principal payment was permitted, while meeting the conditions set out in paragraph 7.
(6) The agreed interest rate shall be halved during the period of interruption of the principal and the beneficiary shall be obliged to pay only interest on the total outstanding principal amount. The interest rate shall be fixed throughout the period of interruption of the principal payment.
(7) The repayment period of the loan is extended by the period for which the interruption of the repayment of the principal was authorised. The total maturity of the loan, including the extension of the principal, may not exceed:
(a) 12 years after the date of conclusion of the credit agreement for the modernisation of dwellings;
(b) 35 years from the date of conclusion of the credit agreement for the acquisition of the dwelling.
(8) If the loan is granted for the acquisition of a dwelling, the Fund shall, at the request of the beneficiary, reduce the amount of CZK 30 000 for each such child, up to and including the amount of the principal outstanding on the date on which the application is submitted, on a permanent basis, if the beneficiary has, from the date of conclusion of the credit agreement until the date of termination of the payment. The amount corresponding to the reduction of the outstanding principal balance shall be considered as a subsidy under Section 3 (1) (a) of the State Investment Support Fund Act and, in the case of acquisition of dwellings under Section 2 (a) (3), as a subsidy under Section 3 (1) (f) of the State Investment Support Fund Act.
Other conditions for granting credit
(1) During the repayment of the credit, the beneficiary may not transfer the ownership of the dwelling to another person.
(2) The residence for which the credit has been used to acquire or modernise must serve as the residence of the beneficiary or members of his household during the repayment period. The residence condition may not be fulfilled if the modernised dwelling cannot be used during the upgrading due to its technical condition. This derogation shall apply for a maximum period of 1 year from the date on which the credit is drawn.
(3) If ownership of the dwelling is transferred at a time when the loan is not repaid, and
(a) the residence serves as the residence of a minor child who has been permanently cared for by the deceased and is permanently cared for by the transferee until his maturity;
(b) the transferee is a minor child who has been permanently cared for by the deceased and the undertaking is taken over by the person who is permanently caring for him; or
(c) the transferee is the spouse or registered partner of the deceased;
the transferee or the person who is permanently caring for the child and assumes the obligation shall be considered to fulfil the conditions for granting the credit referred to in Article 3.
(4) If the transfer of ownership of the dwelling takes place at a time when the loan is not repaid to a transferee other than that referred to in paragraph 3, and that person does not meet the conditions for granting the loan under Paragraph 3, the interest rate shall be increased by 0,5 percentage points on the date of the transfer of ownership of the residence.
(5) During the repayment of the loan for the acquisition of dwellings pursuant to § 2 (a) (2), insurance of such dwellings covering the least natural disasters shall be agreed.
(6) The condition of sufficient collateral for the credit provided for in Article 3 (2) (b) must be fulfilled throughout the repayment period.
(7) The rules and conditions referred to in paragraphs 1, 2, 4, 5 and 6 shall be negotiated in a credit agreement. If the applicant does not agree, the loan cannot be granted.
Instant repayment of the loan
(1) The Fund may require the immediate repayment of the loan and not pay the outstanding part of the loan,
(a) if it has been established that the applicant has supplied incorrect information on the basis of which the credit agreement was concluded or has infringed any of the conditions laid down in Article 7;
(b) if the beneficiary, the acquirer or the person who took over the repayment obligation is late in paying at least 2 monthly instalments of the loan at the agreed amount and does not pay the amounts due within 30 days of receipt of the written notice,
(c) if the beneficiary, the acquirer or the person who took over the repayment obligation is at least three times late in the 12 consecutive months, or
(d) if he has found that any of the conditions laid down in Article 9 (1), (2), (5) and (6) have been infringed.
(2) In assessing the possibility of requiring the immediate repayment of the loan referred to in paragraph 1, the Fund may not require the immediate repayment of the loan, in particular if the beneficiary has used the funds obtained by transferring ownership to the dwelling for the acquisition of another dwelling and meets the conditions laid down in Article 9 (2) in respect of the newly acquired dwelling.
(3) For the reasons referred to in paragraph 1, the Fund may withdraw from the credit agreement.
(4) The possibility of requiring the immediate repayment of the loan and not paying the outstanding part of the loan referred to in paragraph 1, and the possibility of withdrawing from the credit agreement referred to in paragraph 3, shall be agreed by the Fund with the applicant for the grant of the loan at all times in the credit agreement. If the applicant does not agree, the loan cannot be granted.
Transitional provisions
(1) Contracts concluded by the State Fund for Investment Support shall be treated as contracts concluded by the State Fund for the Development of Housing under:
(a) Government Decree No. 97 / 2002 Coll., on the use of the resources of the State Housing Development Fund in the form of a loan to cover part of the costs associated with the construction of an apartment by persons under 36 years of age, as amended;
(b) Government Decree No. 616 / 2004 Coll., on the use of the resources of the State Housing Development Fund in the form of a loan to cover part of the costs associated with the construction or acquisition of an apartment by certain persons under 36 years of age, as amended;
(c) Government Decree No. 28 / 2006 Coll., on the conditions for the use of the funds of the State Housing Development Fund in the form of a loan to cover part of the costs associated with the modernisation of the apartment by certain persons under 36 years of age, as amended;
(d) Government Decree No. 100 / 2016 Coll., on the use of the resources of the State Housing Development Fund in the form of loans for the acquisition of dwellings by persons under 36 years of age caring for a child under the age of 6; and
(e) Government Decree No. 136 / 2018 Coll., on the conditions for the use of the funds of the State Housing Development Fund in the form of a loan granted for modernisation or acquisition of dwellings.
(2) Legal relationships arising under Government Regulation No. 136 / 2018 Coll., as effective before the date of entry into force of this Regulation and the rights and obligations arising therefrom, are governed by Government Regulation No. 136 / 2018 Coll., as effective before the date of entry into force of this Regulation.
(3) Where a credit agreement has been concluded pursuant to Government Regulation No. 136 / 2018 Coll., as effective before the date of entry into force of this Regulation, the conditions for determining the amount of interest for the period of the interruption of the repayment of the principal referred to in § 7 (6) of the Government Regulation No. 136 / 2018 Coll., as effective before the date of entry into force of this Regulation, in the event of the interruption of the repayment of the principal occurring at 1 January 2021, are governed by this Regulation. If the repayment of the principal has been interrupted before 1 January 2021 and the interruption continues on 1 January 2021, the Fund may, at the request of the beneficiary, adjust the amount of interest from the date on which the application was made until the payment of the principal has been interrupted in order to comply with this Regulation, but may first adjust the interest from 1 January 2021.
(4) Applications for credit submitted pursuant to Government Regulation No. 136 / 2018 Coll., as effective before the date of entry into force of this Regulation, shall be assessed under this Regulation.
Repeal
Government Decree No. 136 / 2018 Coll., on the conditions for the use of the funds of the State Housing Development Fund in the form of a loan granted for modernisation or acquisition of dwellings, is hereby repealed.
Efficacy
This Regulation shall enter into force on 15 January 2021.
Prime Minister:
Ing. Babiš v. r.
Minister for Local Development:
Ing. Dostalová v. r.
1) Commission Regulation (EU) No 1407 / 2013 of 18 December 2013 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid, as amended.
2) Act No. 183 / 2006 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Government Decree No. 1 / 2021 Coll., on the Terms and Conditions of Use of Funds of the State Fund for Investment Promotion in the form of a loan granted to modernise or acquire dwellings |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 07.01.2021 |
|---|---|
| Effective from | 15.01.2021 |
| Effective until | - |
| Status | Valid |
Public Contracts 5
Smlouva o zapojení školního zařízení do obecního systému svozu gastroodpadu č. GS000076
Hotelová škola, Praha 10, Vršovická 43
Pražské služby, a.s.
16.12.2022
Notifications
Notifications
Smlouva č. 162000570 o poskytnutí úvěru z prostředků SFPI podle NV č. 1/2021 Sb.
Státní fond podpory investic
Vít Zadina, DiS.
1 391 500 CZK
29.04.2022
Smlouva o poskytnutí úvěru č. 110000370 dle NV č. 1/2021 Sb.na modernizaci obydlí ve výši jistiny 60...
Státní fond podpory investic
Daniela Tilcerová
760 035 CZK
20.10.2021
Notifications
Smlouva o poskytnutí úvěru č. 110000191 dle NV 1/2021 Sb. na modernizaci nebo pořízení obydlí v plat...
Státní fond podpory investic
Lenka Gregorová
18 523 CZK
16.06.2021
Zástavní smlouva č. 110000191 uzavřena ke smlouvě o úvěru č. 110000191
Státní fond podpory investic
Lenka Gregorová
520 000 CZK
16.06.2021
Source:
Hlídač státu
(CC BY 3.0 CZ)
The regulation text is for informational purposes only.
Comments 0