Government Regulation No. 100 / 2016 Coll.
Government regulation on the use of State Housing Development Funds in loans for the acquisition of dwellings by persons under 36 years of age caring for a child under the age of 6
Valid
Effective from 21.04.2016
100
GOVERNMENT REGULATION
of 9 March 2016
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
The Government orders pursuant to § 9 of Act No. 211 / 2000 Coll., on the State Housing Development Fund and on the amendment of Act No. 171 / 1991 Coll., on the Jurisdiction of the Bodies of the Czech Republic on Transfers of State Property to Other Persons and on the National Property Fund of the Czech Republic, as amended, as amended by Act No. 61 / 2005 Coll.:
Subject matter
This Regulation regulates the conditions for the use of the State Housing Development Fund ("the Fund ') in the form of loans granted to persons under 36 years of age who are childcare under the age of 6.
Definition of terms
For the purposes of this Regulation:
(a) housing (1) or family house,
(b) the acquisition of dwellings
1. the construction of a new building of a family house, the building, superstructure or extension of an apartment or the change of another building or part of it to a dwelling ("construction");
2. purchase of dwellings or transfer of a cooperative interest with which the right to rent a cooperative flat is linked in the housing cooperative.
Conditions for granting credit
(1) A loan for the acquisition of dwellings (hereinafter referred to as "the loan") may be granted to the applicant who:
(a) not more than 36 years of age at the date of application for credit;
(b) permanently care for a child who does not complete at the date on which the application for a loan is submitted at the age of 6 years; and
(c) is neither the owner of the dwelling nor the tenant of the cooperative's flat at the time of the application for credit.
(2) The loan may be granted,
(a) if it is adequately secured,
(b) if, on the date on which the application for a loan is submitted, the applicant is not registered with the tax authorities of the Czech Republic and the customs authorities of the Czech Republic, with the exception of a non-payment, which is allowed to wait his payment or the distribution of his payment on instalments, he is not registered with a non-payment on insurance and social security and pension payments and a contribution to the state employment policy, except for a non-payment for which repayment has been granted in instalments, and is not in default; and
(c) if the applicant has not been in bankruptcy for 3 years prior to the application for a loan, if he is not in bankruptcy on the date on which the application for a loan is submitted or is not in danger of bankruptcy, if the applicant is not in a position to execute the decision, if he is not in criminal proceedings against the applicant and has not been convicted for an economic offence or offence against property.
(3) The occupied dwelling must not be in the flood area.
(4) The credit may not be granted repeatedly to the same applicant or to another applicant who lives in the household with the recipient of the credit.
(5) If the beneficiary uses part of the dwelling for economic activity, the aid consisting of granting the loan is limited in accordance with the rules for granting small-scale aid under the directly applicable European Union Regulation (2).
(6) A loan under this Regulation may not be granted to an applicant to whom funds have been granted under Government Regulation 97 / 2002 Coll., on 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 construction of an apartment by persons under 36 years of age, as amended, or Government Regulation 616 / 2004 Coll., on 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 construction or acquisition of an apartment by certain persons under 36 years of age, as amended.
Credit application
(1) Written loan applications are submitted to the Fund and are dealt with in the order in which they were received.
(2) The application for credit contains:
(a) the name, address and date of birth of the applicant;
(b) the name and date of birth of the minor child cared for by the applicant;
(c) the judgment of the court in which the child is entrusted under (b) to the care of the applicant if the applicant is not the parent of the child;
(d) the amount of the loan requested and the purpose of the use of the loan;
(e) project documentation processed by a natural person under another legislation3) in respect of acquisitions pursuant to § 2 (b) (1);
(f) a contract on a future purchase contract in respect of the acquisition of dwellings,
(g) documents proving the amount of the applicant's income;
(h) a statement by the applicant that, on the date on which the application is submitted, the arrears are not registered with the authorities of the Czech Financial Administration and the customs authorities of the Czech Republic, except for the arrears, which are allowed to wait his payment or the distribution of his payment on instalments, he is not registered with the arrears on the insurance and pension insurance and he is not registered with the arrears on the social security and the contribution to the state employment policy, except for the arrears for which repayment has been granted, and he is not late in payment of payments;
(i) a statement by the applicant that he is not in bankruptcy or is not in danger of bankruptcy and is not subject to enforcement, is not subject to criminal proceedings and has not been convicted for an economic offence or offence against property on the date of the application for credit; and
(j) a statement by the competent authority of the water authority that the occupied dwelling is not located in the flood area.
(3) After prior examination of the application for a loan for the acquisition of dwellings pursuant to § 2 (b) (1) at the request of the Fund, the applicant shall demonstrate:
(a) the final building permit or public contract for the execution of the construction, the certified inspector's certificate notified to the competent building office or the agreement to carry out the notified construction; and
(b) a construction contract concluded with the contractor of the construction, unless the applicant himself carries out the construction.
(4) If the request for a loan is incomplete, the Fund shall invite the applicant within 30 days of receipt of the request for a loan 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.
Interest rate and loan amount
(1) The interest rate may be negotiated as fixed for a maximum period of 5 years and fixed at the level of the basic reference rate of the European Union plus at least 1 percentage point and no more than 2 percentage points.
(2) The remuneration of the spent part of the loan begins on the date on which the loan is drawn up.
(3) The loan is granted up to a maximum of 50% of the actual cost of construction or up to a maximum of 50% of the price agreed or the price determined under the Asset Valuation Act if it is lower than the price agreed.
(4) The sum of the amount of the loan granted under this Regulation and the credit granted by another person for the acquisition of the same residence shall not exceed 90% of the actual cost of construction or 90% of the price agreed or the price determined under the Asset Valuation Act, if less than the price agreed.
(5) Where a bank loan has been granted for the acquisition of the same dwelling, the estimated price underlying the bank loan may be used for the purposes of determining the maximum amount of the loan referred to in paragraphs 3 and 4 instead of the price determined under the Asset Valuation Act.
(6) The loan is provided at least CZK 50,000 and no more than CZK 600,000.
Conditions for borrowing
(1) If the conditions for granting the credit are met and the applicant demonstrates the ability to repay the loan, the Fund shall submit to the applicant a draft credit agreement if it has the means to grant the loan.
(2) If, for reasons other than those of the applicant, a credit agreement is not concluded at the latest two months after receipt of the Fund's call for a credit agreement, the loan will not be granted.
(3) The loan referred to in § 2 (b) (1) will be granted with:
(a) provide, within 3 years of the conclusion of the credit agreement by the beneficiary at the latest, documents proving the effective use of the credit; and
(b) the beneficiary returns the outstanding balance of the loan to the Fund at the request of the Fund without delay.
(4) The loan referred to in Article 2 (b) (2) will be granted on a one-off basis,
(a) no later than 1 year after the conclusion of the credit agreement of the beneficiary, provide proof of the effective use of the credit; and
(b) the beneficiary returns the outstanding balance of the loan to the Fund at the request of the Fund without delay.
(5) Credit drawing
(a) pursuant to Paragraph 2 (b) (1), it must be initiated within 1 year of the conclusion of the credit agreement and is possible within 3 years of the conclusion of the credit agreement;
(b) under Paragraph 2 (b) (2), within 1 year of the 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. The maturity of the loan must be agreed in such a way that the repayment period does not exceed 15 years after the conclusion of the credit agreement.
(2) At the request of the beneficiary, the Fund will allow the repayment of the principal for up to a period of up to 6 months, the maximum maturity referred to in paragraph 1 being unchanged.
(3) At the request of the beneficiary, the Fund will allow the payment of principal due to birth, adoption, detention, custody or custody of the child for up to 2 years.
(4) The Fund may also, at the request of the beneficiary, authorise the interruption of the principal 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; the total period of interruption of the principal payment for these reasons shall not exceed 2 years.
(5) For the period of interruption of the repayment of the principal, the interest rate shall be half the rate fixed in accordance with Paragraph 5 (1).
(6) The repayment period of the loan is extended by the period for which the interruption of the repayment of the principal was authorised overall. The total maturity of the loan, including the extension of the principal, shall not exceed 21 years.
Other terms and conditions for repayment
(1) In the case of the acquisition of housing by construction, the construction must be completed in such a way that the approval takes place no later than 3 years after the conclusion of the credit agreement, unless this period is extended during the repayment of the loan at the request of the beneficiary by the Fund.
(2) During the repayment of the credit, the beneficiary may not transfer the ownership of the dwelling or cooperative interest in the housing cooperative to another person.
(3) The residence for which the credit has been used for the acquisition must, during the repayment of the credit, serve as the residence of the beneficiary and as the residence of the minor child who is permanently cared for by the beneficiary until his maturity. For serious reasons, the Fund may forgive the condition that the residence serves as the residence of the child.
(4) If ownership of the residence or cooperative interest in the housing cooperative is transferred at a time when the loan is not paid off, the Fund may accept the acceptance of the commitment to repay the loan by the acquirer if the residence serves as the residence of the minor child for whom the acquirer is permanently looking after, until his maturity, or by another person if the acquirer is a minor child for whom he is permanently caring.
(5) For the period of repayment of the loan, housing insurance must be agreed.
(6) The condition of sufficient collateral for the credit provided for in Article 3 (2) (a) must be fulfilled throughout the repayment period.
(7) The Fund may require the immediate repayment of the loan and not pay the outstanding part of the loan,
(a) if he finds that the applicant has provided incorrect information on the basis of which the credit agreement was concluded or has infringed the conditions set out in Article 6 (3) or (4);
(b) if the payee or the acquirer who took over the repayment obligation referred to in paragraph 4 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; or
(c) establish that the conditions laid down in paragraphs 1 to 6 have been infringed.
(8) In assessing the possibility of requiring the immediate repayment of a loan for breach of the conditions referred to in paragraph 2 or 3, the Fund need not require the immediate repayment of the loan, in particular if the beneficiary has used the funds obtained by transferring ownership of the residence or cooperative interest in the cooperative to acquire another residence and meets the conditions laid down in paragraphs 2 and 3 in relation to the newly acquired residence.
Transitional provisions
(1) Legal relations arising under Government Regulation No 97 / 2002 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 97 / 2002 Coll., as effective before the date of entry into force of this Regulation.
(2) Legal relations arising under Government Regulation No 249 / 2002 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 249 / 2002 Coll., as effective before the date of entry into force of this Regulation.
(3) Legal relations arising under Government Regulation No. 616 / 2004 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. 616 / 2004 Coll., as effective before the date of entry into force of this Regulation.
Repeal
They shall be deleted:
1. Government Decree No. 97 / 2002 Coll., on 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 construction of an apartment by persons under 36 years of age.
2. Government Decree No. 665 / 2004 Coll., amending Government Decree No. 97 / 2002 Coll., on 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 construction of an apartment by persons under 36 years of age.
3. Government Decree No. 249 / 2002 Coll., on the conditions for the provision of mortgage credit contributions to persons under 36 years of age.
4. Government Decree No. 32 / 2004 Coll., amending Government Decree No. 249 / 2002 Coll., on the conditions for granting mortgage credit contributions to persons under 36 years of age.
5. 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.
6. Government Decree No. 360 / 2006 Coll., amending Government Decree No. 616 / 2004 Coll., on 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 construction or acquisition of an apartment by certain persons under 36 years of age.
7. Government Decree No. 427 / 2006 Coll., amending Government Decree No. 616 / 2004 Coll., on 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 construction or acquisition of an apartment by certain persons under 36 years of age, as amended by Government Decree No. 360 / 2006 Coll.
8. Part Two and Fourth Government Regulations No. 98 / 2007 Coll., amending some government regulations on the use of State Housing Development Funds.
Efficacy
This Regulation shall enter into force on the 15th day following its publication.
Prime Minister:
Sobotka v. r.
Minister for Local Development:
Ing. Šlechtová v. r.
1) § 3 of Decree No. 268 / 2009 Coll., on Technical Requirements for Buildings, as amended by Decree No. 20 / 2012 Coll.
2) 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.
3) Act No. 360 / 1992 Coll., on the pursuit of the profession of authorized architects and the pursuit of the profession of authorized engineers and technicians active in construction, as amended.
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Regulation Information
| Citation | 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 years of age |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 06.04.2016 |
|---|---|
| Effective from | 21.04.2016 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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