Decree of the Central Office for National Committees No 10 / 1962 Coll.
Decree of the Central Office of National Committees implementing the Housing Management Act
Valid
Effective from 31.01.1962
10
Order
Central Office for National Committees
of 22 January 1962
implementing the Housing Management Act
In agreement with the participating central authorities (authorities) pursuant to § 90 of Act No. 67 / 1956 Coll., on Housing Management, as amended by Act No. 147 / 1961 Coll. (hereinafter referred to as "the Act '), the Central Office of National Committees provides:
Basic provisions
(1) National Committees are responsible for the management of flats in their territorial districts. They divide flats from state housing according to the needs of the development of the national economy and ensure the correct use of the housing fund. In doing so, they note that healthy housing is one of the living conditions of each individual and thus a fundamental component of the living standards of the urban and rural population.
(2) The tasks associated with the management of flats are carried out by the national committees with a wide participation and under their constant control. They work closely with the Revolutionary Trade Union Movement, in particular in the compilation and approval of waiting lists, both in assessing the importance of the job of the applicant for the apartment, as well as his housing needs and the possibility of obtaining the apartment by his own means and his own work. In their work they use the comments of the Civil Committees and cooperate with them and other assets in the fair distribution of the housing space.
(1) National Committees manage flats from state housing construction in such a way that state housing construction in particular
1. Supports the development of sectors and plants whose operation is conditional on the resettlement of permanent labour in the vicinity of workplaces;
2. provide accommodation for workers of the necessary services;
3. Providing accommodation to families of lower income categories, especially families with multiple children, in places with increased labour needs for basic industries.
(2) After the comments of the local national committees and the opinion of the district trade union council, the regional national committees determine how many flats from the new state construction will be used for the accommodation of workers of those enterprises and establishments whose operation is conditional on the resettlement of permanent labour into the vicinity of workplaces. At the same time, it determines how many flats in individual municipalities (housing sites) will be used to accommodate workers of the necessary services.
(3) The number of flats from new state buildings for the most important enterprises and establishments or for other purposes is determined, if they consider it necessary, by the Regional National Committees after consultation with the Regional Trade Council or directly by the Government.
Reporting obligation
(K § 2 of the Act)
(1) The owner of the house (home administration or other permanent user) is obliged to report the following apartments to the local national committee: *)
1. an apartment which is obtained by new construction, annex, superstructure, reconstruction or adaptation;
2. an apartment which is not used at all or where its user does not live or where he only sometimes lives;
3. an apartment which has been terminated by the final termination of the contract of use (e.g. by the termination of the lease contract) or which has otherwise been released (e.g. the owner of the house has cleaned out his own house) or has been abandoned by his user;
4. an apartment whose user died;
5. the apartment to which the tenant to whom the apartment was allocated did not move within 15 days of the date of the lease, nor did he start to modify it until the same time;
6. an apartment not exchanged by its user to whom the local national committee was assigned to exchange by the deadline;
7. an apartment illegally used.
(2) The owner of the house in whose house there are company apartments, military apartments or interior dwellings shall also communicate to the organisation, the Chief of Staff (hereinafter referred to as "Chief") or the Regional Administration of the Ministry of Interior (hereinafter referred to as "Regional Administration."
(3) A user who has two apartments or an oversized apartment is obliged to report this to the local national committee and if it is a company apartment, military apartment or an apartment of the Ministry of Interior, including an organisation, chief or regional administration. If its apartments are located in different municipalities, they will report them to local national committees in these municipalities. Announcement is also required if the second apartment has the user's wife (husband) or his mate (species).
(4) The apartments must be declared within 8 days of the occurrence of the facts giving rise to the obligation to declare or the owner of the house has known about these facts if they could not have been known to him in due care at the time they arose.
(1) If the owner of the house or the user of the apartment has failed to comply with the reporting obligation, or if their details are insufficient, or if they are in doubt, the national committee shall, where necessary, establish the necessary facts by local investigation.
(2) In the investigation, both the owner of the house and the user of the apartment are obliged to allow the persons entrusted by the national committee the necessary access to the house and the apartment.
(3) The investigation may only be carried out in the presence of a user of an apartment or of a mature member of his family who lives in his apartment. It may be possible to find out only the facts necessary for measures under the housing regulations.
Entry of tenderers in the list
(K § 3 to 6 of the Act)
(1) The basic condition for local national committees to be able to conduct housing policy correctly is a good overview of the housing situation in the municipality. This is also the case with duly maintained lists of apartment applicants.
(2) The local national committee lists persons who do not have their own apartment in the municipality or who live in their own apartment, who are disabled or unfit or who have to be cleaned out because the owner of the house has an executive title against them to clean it out, and who are applying for an apartment in the municipality.
(1) A local national committee in a municipality which has more than 5000 inhabitants or is the seat of a district national committee or designated by a district national committee only records on the list of tenderers who do not have their own apartments in the municipality if they are permanently employed in the municipality.
(2) Candidates who work permanently in the municipality referred to in paragraph 1 may be entered in the list of tenderers either in that municipality or in a smaller municipality which is connected to it and constitutes a single economic area or which is associated with it by appropriate means of transport.
(3) Persons who work permanently in the municipality shall also be counted against persons whose employment is limited in time under special rules.
(4) For persons who, due to the nature of their work, change their place of work (in particular because they are broadcast on construction, assembly, installation, repair, maintenance and other works), the municipality in which they are permanently employed, the municipality of their previous place of residence or the municipality in which the plant (establishment or centre) is located, of which they are workers, is considered to be a municipality of permanent residence.
(1) An apartment that is disabled is an apartment which the construction office, after consulting the county hygienist, has recognised as unfit for living for its technical defects which are harmful to health.
(2) An apartment which, due to its health or severe physical or sensory defects of the user or another member of his household, is not suitable for health care, according to the opinion of the county health care service, is harmful to their health (e.g. an apartment on a high floor in a house without a lift for heart disease, etc.).
(3) The concept of non-suitable dwellings also includes overcrowded dwellings. The apartment is considered to be overcrowded if it falls from the aggregate floor area of the living room to the occupant of the apartment and to any other member of his household less than 8 m2, or if it is not possible in the apartment to provide a separate room to his user or another member of his household, although according to the opinion of the county hygienist due to his or her medical condition or severe physical or sensory defects.
Conditions for placing candidates on the waiting list
(Sections 9 and 12 of the Act)
(1) Apartments are allocated according to waiting lists, which are compiled for a short, limited period of time, usually for a quarter or half year. Apart from the waiting list, the flat cannot be allocated, except in the cases referred to in paragraphs 2 and 3 of Section 18 of the Act.
(2) On the local list, the local national committee shall include candidates on the local list who, depending on the urgency of the housing needs and taking into account the importance of their work, are considered for the assignment of the apartment in the next period of time. The number of candidates placed on the list must correspond to the number of flats estimated to be allocated in this period. A candidate who was entered on the waiting list for the previous period but who could not be assigned an apartment at the time and who in the meantime had not changed the facts applicable to the waiting list.
(3) The urgency of housing needs shall be assessed according to the conditions of residence of the applicant, members of his household who are to live with him in the common household and, as far as possible, to obtain the apartment by their own means and by their own work (cooperative and individual housing). In assessing whether a candidate can obtain an apartment by his own means, the income of the tenderer and members of his household who move with him to a new apartment shall be considered. In doing so, account shall be taken of the property and social circumstances of the applicant and of the members of his household. In assessing whether a candidate can obtain his own work in the construction or establishment of an apartment, he shall also rely on the possibilities and working capacity of the applicant and members of his household.
(4) The importance of the applicant's work shall be assessed on the basis of the importance of his employment and the needs of the national economy, in particular in terms of the needs of those sectors and establishments whose operation and development are conditional on the resettlement of permanent labour into the vicinity of their workplace.
(5) The local national committee shall decide on the inclusion of candidates on the local list in such a way that, depending on the urgency of the housing needs, the apartments are actually the most needed candidates. It will therefore take into account candidates who do not have the opportunity to buy an apartment by their own means and by their own work for entry on the local list. In particular, those applicants who live in non-residential or non-residential dwellings commute to employment from a remote residence on the grounds that they cannot obtain the corresponding employment or for the same reason live separated from their families. In all cases, priority shall be given to applicants with minor children. In the context of this assessment of the conditions of the applicant's residence, account shall be taken, for each applicant, of his or her health status and of the health status of members of his or her household, with increased regard to persons affected by tuberculosis. The applicant's need is more urgent if the conditions of his or her residence are the result of a threat or deterioration of his or her health or the health of members of his or her household, in particular minor children, according to the opinion of the county hygienist. If multiple applicants have an equally urgent need for their housing, they shall determine the importance of their work on the local list.
(6) The Organisation, Chief, the Regional Administration will list candidates on the list who, depending on the importance of their work (services) and the urgency of the housing needs, are considered for the assignment of the apartment in the near future. Otherwise, the provisions of the preceding paragraphs shall apply mutatis mutandis.
Housing matters of major scientific, artistic and public actors
(For § 18 (3) No 2 and § 81 of the Act)
(1) In assessing the housing needs of important scientific and artistic workers and responsible public officials, local national committees shall also take account of the fact that the area of the apartment corresponds to the nature and social importance of their work; This applies in particular to the allocation of apartments under § 18 and 19 of the Act and to decisions under § 52 of the Act. Scientific and artistic staff are based on the opinion of the Czechoslovak Academy of Sciences, the Panel of Scientists at the Central Committee of the Union of Employees of Education and Culture or the relevant Copyright Association, or other senior organisations.
(2) In view of the state interest, the apartment can be allocated outside the waiting list
1. representatives and employees of representative offices of foreign states and persons referred to in § 85 No 2 of the Act;
2. the members of the Government, the members of the National Assembly and the Slovak National Council, the Presidents of the Central Authorities and the Presidents of the Regional National Committees, as well as persons assimilated to them;
3. leading artists who go to smaller industrial municipalities and villages and to whom the competent organisation issues a certificate of artistic qualifications.
Apartment in family house
(K § 27 No 6 of the Act)
The National Committees are helping to allow the owner of the house, who has requested the release of the apartment in the house, or his married (married) child, to move into the family house that is rented. To this end, the local national committees shall, as far as possible, allocate replacement apartments to tenants in family houses or ensure that they are included in cooperative or individual housing. They also actively help to carry out shifts between owners of and tenants of family homes.
(1) An apartment in a family home shall not be subject to the allocation right of the local national committee if the owner declares the home to the local national committee at the same time as the announcement of the vacant apartment or within 8 days of the date of the enforceable removal order, that he wishes to move into the apartment himself or that he will accommodate his married (married) child or, if not, the municipality referred to in Article 6 (1), his parents. If, within 15 days, none of the above persons moves to the apartment in the house for no serious reason or starts to adjust the apartment, the local national committee may assign the apartment. The 15-day period shall be calculated from the date on which the owner of the house notified the local national committee of his decision, if he had already been vacated at that time, otherwise since his removal.
(2) If a family home is co-owned by several persons, the right to move into a vacated apartment in a house or to accommodate their married (married) child or parents may be used by each of the co-owners according to mutual agreement. It is for the courts to resolve disputes between joint owners which may exercise that right.
(3) The allocation right of the local national committee also does not apply to a single living room (part of the apartment) in a family house in the countryside, if the owner of the house to the local national committee, at the same time as the announcement of the apartment in the cottage (paragraph 1), announces that the room will be used by himself or a member of his family for its recovery or for the treatment of the garden. However, the owner of the family home or a member of his family should live in the municipality referred to in § 6 (1) and be a municipality other than the one in which the house is situated.
(4) The individual living room (part of the apartment) in the family home is excluded from the allocation right of the local national committee only if it is so separated from the apartment to be allocated that the tenant of the apartment will not be disturbed in its usual use (e.g. the room is in the attic or has a entrance directly from the common corridor) or if it is so adjusted.
(5) If the family house is co-owned by several persons, all co-owners are entitled to use only one room.
Swaps of flats
(K § 32 and 34 of the Act)
(1) To make more efficient use of the housing space in the municipality, the local national committee helps to exchange flats *) among citizens and gives them the right to be admitted. It shall ensure that the shifts of the apartments are carried out in particular where this is necessary due to the health of the user of the apartment, the overcapacity of the apartment, the payment of the local fee from the apartment or the shortening of the distance from the workplace. If the apartments to be exchanged are in different municipalities, the local national committees in these municipalities are admitted to their exchange.
(2) The local national committee shall refuse entry to the exchange, unless it is demonstrated by the users of the apartments that they have also agreed to accommodate persons who live in the apartments to be exchanged, alongside the user of the apartment and members of his household. *)
(3) The local national committee shall not be authorised to exchange a home apartment, * *) unless the user of that apartment proves that the person with whom he has agreed to an exchange has made a valid contract with the owner of the home or that the owner of the house agrees to an exchange under other conditions.
(4) For the exchange of a company's apartment (including an apartment built in a company's residential building from the company's own free funds and other resources that can be used for this purpose under the applicable regulations) or an apartment of the Ministry of Interior in the home administration house gives the agreement of the organisation in agreement with the race committee of the Revolutionary Trade Union Movement or the regional administration.
Cleaning of the apartment
(K § 60 and 64 of the Act)
(1) If, within the prescribed time limit, the user of the apartment does not clean up an apartment which is obliged to vacate the enforceable order and does not hand over the vacancy to the owner of the house, the vacancy may be carried out by administrative or judicial execution.
(2) Administrative execution by clearing the apartment shall be carried out by the local national committee, unless the district national committee has reserved its performance.
(3) If the execution of an enforceable removal order cannot be ensured by an administrative execution, the local national committee may submit to the district court an application for a permit for a judicial execution by removal. In this case, it shall also submit to the court a certificate of the replacement apartment (accommodation) if it is to be allocated (provided). The certificate shall be issued by a local national committee within whose perimeter the apartment to be cleared is; However, if there is a replacement apartment (accommodation) in another municipality, prior agreement of the local national committee of that municipality is required. The certificate shall also indicate whether the replacement apartment is cleared. If not cleared, it shall indicate the date on which it will be. The local national committee shall inform the court without delay if it is exceptionally necessary to amend the date for serious reasons, indicating the new date of removal of the apartment.
(4) The replacement apartment shall be deemed to have been secured if it has been allocated by the local national committee under the conditions of § 18 or § 19 of the Act to the person whose apartment is to be cleared and the decision to allocate the apartment has become enforceable.
(1) Replacement accommodation means the rental of an apartment with one living room or room in a lounge or providing the possibility of living as a lodger in an furnished or unfurnished part of another user's apartment.
(2) The shelter is a room suitable for living in which the person removed may temporarily, until they have a proper accommodation, sleep in (e.g. a guest room in a hotel or a hostel or a shared bedroom in a dormitory). The expenses of the shelter shall be borne by the person removed.
Removal costs
(K § 65 of the Act)
The local national committee may, where justified, replace the user of the apartment which is obliged to vacate it at the request of the local national committee.
1. the cost of transporting residential equipment and uppers of the user of the apartment and members of his household;
2. the cost of adequate insurance of transported objects against losses and damage during transport;
3. the cost of simple painting of the replacement apartment and of the medically necessary disinfection of the apartment if the apartment has already been used;
4. other necessary incidental costs incurred by the removal (for minor installation and other craft work) up to 400, - Kčs;
5. fare, subsistence and dormitory users of the apartment and its household, if there is a replacement apartment in another municipality, according to the rules on reimbursement of travel, moving and other expenses.
Maintenance and extension of the apartment space
(K § 66, 67 and 68 of the Act)
(1) The local national committee may agree to connect part of the apartment to the neighbouring apartment. The consent shall, as a general rule, be granted if the apartment to which part of the other apartment is to be connected is not suitable for the user. An apartment part of which is connected to another apartment must be maintained as a separate housing unit. The necessary building changes must be made from both flats into built-in apartments with their own accessories. The local national committee may agree to merge an administratively divided apartment if one part of the apartment is released and the other part is occupied by a family for which it is not suitable for health.
(2) The agreement of the local national committee referred to in paragraph 1 shall not replace the authorisation of the construction office if it is required under the applicable rules for such measures.
(3) The provisions of paragraph 2 shall apply mutatis mutandis if the local national committee agrees to use flats or parts thereof for purposes other than housing.
(1) The local national committee shall endeavour to ensure that apartments used for purposes other than housing are gradually returned to their original purpose.
(2) An enforceable decision of the building office is required to establish apartments from rooms which are intended or used for purposes other than housing and for the division of flats.
(3) If the organisation does not carry out the building changes and works referred to in paragraph 2 in order to obtain apartments for its workers or the applicant for an apartment itself, the costs associated with this modification of houses in socialist ownership shall be borne by the local national committee of budgetary resources; This also applies to houses which are in the national administration of home administrations.
(4) For houses which are privately or privately owned, these costs are borne by the owner of the house, provided that the building changes and work are to his sole or most advantage. Otherwise, these costs, if they cannot be reimbursed from the house's proceeds, shall be reimbursed in accordance with special rules. *)
Living rooms and living quarters
(K § 76, 78 and 79 of the Act)
(1) A directly illuminated and directly ventilated room with a floor area of at least 8 m2, which can be directly or sufficiently heated indirectly due to its internal layout and equipment, is considered to be a living area of at least 8 m2. In doubt whether the room can be inhabited all year round, the building office will decide.
(2) The room is directly lit and directly ventilated if it leads its windows or glass doors directly into the open space; This condition is fulfilled even if windows or glass doors lead to a free area through the hovel.
(3) Under the conditions laid down in the preceding paragraphs, living rooms and kitchens with a floor area of more than 12 m2 and halls shall be considered as living rooms and kitchens; However, an individual living room is not considered as a kitchen if it is a separate apartment.
(4) The living rooms are not secondary rooms (e.g. halls and bathrooms), otherwise they may have met the conditions set out in the preceding paragraphs.
(5) When determining the floor area of each living room, the whole floor area shall be calculated; the area occupied by the stoves or other heating bodies, as well as the area of the windows, shall be counted in this area; the area of niche and window or door concessions shall be counted only if they are at least 1,20 m wide, 2,00 m high and 0,30 m deep. No account shall be taken of the surface occupied by furniture built into the wall. If the living room has a bevelled ceiling, its floor area is calculated by only four fifths. In the case of residential kitchens (paragraph 3), their floor area shall be counted only for a part by which the area exceeds 12 m2.
(1) The house is considered residential within the meaning of the housing management rules if the total floor area of all the rooms in the house accounts for at least two-thirds of the flats, including apartments and parts of flats used for purposes other than housing, as well as adjacent rooms (accessories) belonging to the apartments.
(2) In determining this ratio of floor areas, no account shall be taken of spaces accessible to all residents of the house and other persons (e.g. staircases and corridors), common adjacent rooms and adjacent spaces (e.g. common laundry rooms and drying rooms as well as soils and cellars), rooms intended for agricultural production or adjacent buildings set up on the building site (e.g. garages, agricultural buildings, small establishments, woodwork and stalls).
Jurisdiction in the case of corporate, military and interior housing
(K § 80 of the Act)
(1) Business apartments, military apartments and apartments of the Ministry of Interior do not cease to exist if the house has been handed over to the administration of the home. in such cases, the law of the party to the legal proceedings in rental matters shall be preserved by the competent organisation, chief or regional administration. In particular, the organisation, chief or regional authority shall have the right to request the court to give notice if the staff member of the organisation, a member of the Ministry of the Interior or an occupational soldier has ceased his employment relationship.
(2) The scope, according to the housing management regulations, for the Regional Administration of the Ministry of the Interior or for other bodies of the Ministry of Interior or for the Ministry designated by them, is exercised by the Ministry of Interior in the capital of Prague.
Family members
(K § 83 of the Act)
(1) A member of the family of the user of the apartment means his wife (husband), his relative in a direct generation (grandparents, old parents, children, grandchildren, grandchildren) and his siblings. The relative ratio is equal to the learning ratio.
(2) In determining the number of members of the family, the child to be born shall also be considered if there is medical evidence of pregnancy.
(3) The members of the family of the occupant of the apartment are not persons with him who are married.
Household members
(K § 84 of the Act)
(1) A user of an apartment or any other member of his household shall not cease to be members of the household if, for serious reasons, in particular for the performance of a military obligation, for participation in a job part-time job, for study at a school or for medical reasons, he has been away from his place of residence for a longer period but temporarily.
(2) The mere declaration of permanent residence (residence) under the rules on the reporting of the population does not in itself constitute household status.
(3) The lodgers, even if they are consumed by the user of the apartment, are not members of his household.
Service of decisions
(K § 20, 23, 35, 40 and 43 of the Act)
(1) A decision on housing matters shall be given in writing by the local national committee and served on the parties, i.e.:
when the apartment is allocated to the person to whom it is assigned and to the owner of the house;
when the lease is cancelled to the tenant and owner of the house;
when deciding on the application for the change of apartments to the users of the apartments that have agreed to the exchange and the owners of the houses in which the apartments to be exchanged are to be replaced;
when deciding on the application for admission to sub-lease to the user of the apartment and the lodger;
when issuing an order to clear the apartment to the user of the apartment against which the order is directed and to the owner of the house.
(2) If the decision concerns a company's apartment or an apartment of the Ministry of Interior or a military apartment in the home administration's house, the decision must be delivered not only to the home administration, but also to the organisation, regional administration or chief.
Participation of the local national committee in judicial proceedings on protected rent matters
(1) In the proceedings concerning the lessor's application to give notice of a protected lease or to cancel the lease without notice, the court shall give the local national committee the opportunity to comment before a decision on the matter (§ 389 (2) of the Civil Code).
(2) The task of the local national committee is to express the lessor's proposal in terms of local housing conditions and, where appropriate, other circumstances, in particular the family and economic circumstances of the lessor and the lessee, if the court so requests. In its observations on these matters, the local national committee must not rely solely on the fact that it will be obliged by a positive judgment to provide a replacement apartment for the tenant. It shall take into account the reasons for which the lessor seeks to be admitted to testify or cancel the lease without notice.
(3) Paragraph 13 (3) and (4) of Section 13 applies to the confirmation by the local national committee of the replacement apartment (accommodation) for the purpose of judicial execution by the removal of the apartment on the basis of a proposal from the recovering owner of the house.
Final provisions
The provisions on the management of flats - with the exception of the provisions on the local charge on such flats (Sections 69 (2) and 70 (2) of the Act) - do not apply to flats used for purposes other than housing. These apartments are managed by the National Committees pursuant to Act No. 111 / 1950 Coll., on the Management of Certain Rooms, and Government Decree No. 52 / 1955 Coll.
Decree No 57 / 1957 of the Ú. l., which issues implementing regulations for the Housing Management Act, is hereby repealed.
This decree shall take effect on the day of its publication.
Head
Central Office for National Committees:
As v r
*) An apartment means a room or a set of rooms which, according to the decision of the building office, are intended for living and can serve as separate housing units for this purpose, even if there are no adjacent rooms or kitchens; the apartment is therefore also a studio, as well as rooms in the open rooms.
*) The exchange of flats means the contract agreed between the users of the apartments to exchange them. The exchange of apartments is not, however, if the user wants to exchange his apartment for another, which is subject to the reporting obligation of the owner of the house. For more than one shift, each exchange of flats shall be considered as a separate shift.
*) By allowing the exchange of flats the existing legal conditions in terms of the use of the exchanged flats end and the current lease conditions also cease. The lease of an apartment or part of an apartment shall be understood as a contract by a tenant to leave his apartment or part of it to another person for consideration (rental) in order to use it temporarily.
* *) Home apartment means an apartment whose use is required by the owner of the house to provide the landlord with cash remuneration for the performance of the home work.
*) § 7 of Act No. 87 / 1959 Coll., on the Construction Regulations, § 10 to 12 of Decree No. 144 / 1959 Ú. l., implementing the Act on the Construction Regulations; Section 4 of Act No. 71 / 1959 Coll., on measures relating to certain private property, Sections 7 and 8 of the Order of the Ministries of Finance and Justice No. 236 / 1959 Ú. l., on measures relating to certain private property.
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Regulation Information
| Citation | Decree of the Central Office of National Committees No. 10 / 1962 Coll., implementing the Housing Management Act |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.01.1962 |
|---|---|
| Effective from | 31.01.1962 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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