Government Decree No. 104 / 2003 Coll.
Government Regulation on the use of State Housing Development Funds in the form of grants to cover part of the costs of building apartments for individuals affected by floods in 2002
Valid
Regulation
Effective from 11.04.2003
104
GOVERNMENT REGULATION
of 19 March 2003
on the use of the resources of the State Housing Development Fund in the form of a grant to cover part of the costs of building apartments for natural persons affected by floods in 2002
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 authorities of the Czech Republic in the case of transfers of state property to other persons and on the National Property Fund of the Czech Republic, as amended, to implement § 3 (1) (c) of this Act:
Subject matter
This Regulation lays down the scope and conditions for the granting and use of subsidies granted to municipalities by the State Housing Development Fund ("the Fund ') to support the construction of rental apartments for natural persons affected by floods in 2002.
Definition of terms
This Regulation shall mean:
(a) a rental apartment designed to satisfy the housing needs of natural persons by renting an apartment, if the apartment is in an apartment house, 1) or in a family house, 2)
(b) construction of rental apartments
1. construction of a residential house (1) or a family home (2) with rental apartments,
2. a change in the construction of a new rental apartment from premises serving purposes other than housing; or
3. superstructure or extension if they create a new apartment,
(c) a natural person affected by a flood natural person who, at the date of the announcement of the emergency state (3), was a tenant of the apartment as a result of the floods in 2002, or who used it for other legal reasons, or was the owner of the family home (2) of the house (1) or an apartment owned under a special legislation, (4) in which he lived permanently and on which a final decision on the removal of the building was issued, (5) or which was destroyed in connection with the flood or in the context of rescue operations, (6)
(d) the municipality affected, the municipality in whose territory the emergency state was declared (3) as a result of the floods in 2002;
(e) the purchase price of the flat, the price established under special legislation (7) on the valuation of the property.
Conditions for granting and using the subsidy
The subsidy may be granted to a municipality in whose territory the construction of rental apartments is carried out for the ownership or co-ownership of the municipality for natural persons affected by floods, provided that the construction of rental apartments is started by the end of 2003 at the latest and that the following conditions are met:
(a) the municipality has a final territorial decision, if required for the proposed construction, (8) if it has not been abandoned by the construction office;
(b) the land on which the construction of the rental apartments will be carried out is owned by the municipality or the State if the land is under the management of the Land Fund of the Czech Republic;
(c) the building, 10) in which the rental apartments are created, must be:
1. owned by the municipality,
2. in the joint ownership of a municipality and a legal person not established for business purposes, (11) where the municipality is building rental apartments under a contract for the association, the joint ownership of the municipality must be at least 51%; or
3. in the joint ownership of the municipality and the housing cooperative set up to meet the housing needs of the members of the cooperative by building rental apartments, where the municipality is building rental apartments under the contract for the association, the joint ownership of the municipality must be at least 51%;
(d) the contractor of the building is selected in accordance with the specific public procurement law, 12)
e) for a construction whose total investment costs exceed CZK 20 000 000, the contractor of the building has a system of quality management in accordance with the Czech state standard, 13)
(f) the construction complies with the specific heat consumption requirements laid down in the specific legislation, 14)
(g) the approval decision for construction shall become final within 3 years of the date of conclusion of the grant contract.
(1) The condition under which the subsidy is granted is that the municipality:
(a) shall not transfer, for a period of 20 years from the date of the acquisition of legal power, the housebuilding ownership decision, (1) the family home (2) or (4) their co-ownership interest in another person;
(b) does not change the use of the rental apartment for purposes other than housing for a period of 20 years from the date of the acquisition of the legal power of the approval decision and remains the rental apartment for that period;
(c) does not provide rent on the rental apartment for which the subsidy was granted above the cost of the flat and the monthly coefficient of 0,00333; the rent thus determined may be adjusted by the municipality on 1 July each year, but not earlier than 12 months, by the rate of inflation expressed as an increase in the average index of consumer prices for the 12 months of the last calendar year against the average of 12 months of the last calendar year and published by the Czech Statistical Office,
(d) no later than 6 months after the date of acquisition of the legal power of the approval decision, he shall conclude a lease contract for the apartment for which the subsidy has been granted only with a natural person affected by the flood, unless he has requested to grant a loan from the Fund under special legislation. 15)
(2) At least 10 years after the date of acquisition of the legal power of the approval decision, the municipality may request the Fund to amend the grant contract in writing. The Fund shall conclude an agreement with the municipality amending the contract according to which the municipality will no longer be bound by the conditions for granting the subsidy referred to in points (a) to (c) of paragraph 1, only if it is demonstrated that the period indicated in the first sentence has expired. At the request of the Fund, the municipality shall document a copy of the grant contract.
Amount of subsidy
The grant can be provided up to CZK 600,000 for the construction of one rental apartment.
Procedure for granting the subsidy
(1) The subsidy may be granted to the municipality on the basis of a written request submitted to the Fund or to the Ministry of Regional Development under the Financial Assistance Scheme for the construction of rental apartments for citizens affected by floods in 2002, if the application submitted under the scheme has not been granted.
(2) The municipality attaches to the written application
(a) a final territorial decision, if required for the proposed construction, (8) if the construction office has not abandoned its issue;
(b) if there is a change in the construction or extension and superstructure, an extract from the property register of ownership of the housing house (1) or the family home (2) in which the construction of rental apartments is carried out;
(c) an extract from the property register of ownership of the land on which the construction of rental apartments is to be carried out;
(d) a document from the competent building office of the number of flats in the municipality to which a final decision on the removal of the building has been taken as a result of the flood, 5) or which have been destroyed in the context of floods or in the context of rescue work; 6)
(e) a statement by the municipality that, at the date of submission of the subsidy application, it has no commitments beyond its maturity in relation to the State budget and the State funds.
(3) If a municipality that has not been affected by the floods requests a subsidy, it attaches a written agreement with the affected municipality that the apartments for which the aid is to be granted will be provided to individuals affected by the floods.
(4) If the application is not complete, the Fund shall, within 30 days of the date of receipt of the request, invite the municipality to supplement it within the prescribed time limit.
(5) Furthermore, the municipality will deliver the Fund
(a) the contracting authority's decision to select the most appropriate tender, 12)
(b) a building permit indicating the date on which it became legally competent;
(c) a work contract with the contractor of the construction,
(d) proof that the contractor of the construction has an established quality management system in accordance with the Czech State standard, 13) if necessary according to § 3 (e);
(e) proof of how the construction of rental apartments is financed;
(f) the contract for the association, where the municipality is building rental apartments in an association with a legal person not established for business purposes, (11) or an apartment cooperative established for the purpose of ensuring the construction of rental apartments intended to meet the housing needs of members of the cooperative,
(g) upon completion of the construction of the approval decision, indicating the date on which the decision became final.
The Fund may, on a case-by-case basis, give special consideration on the basis of a written reasoned and substantiated request from the municipality.
(a) to extend the period laid down in Article 3 (g) but not more than 2 years;
(b) authorise the conclusion of a lease contract with a natural person who has not been affected by the flood, provided that the municipality no longer registers any other candidates for the conclusion of a lease agreement from among natural persons affected by the flood;
(c) authorise the conclusion of a lease contract with a natural person affected by a flood who has applied for a loan from the Fund under a special legislation, 15) but has withdrawn that application and no credit agreement has been concluded with that person at the date of withdrawal;
(d) authorise the replacement of the document of the competent building office referred to in Article 6 (2) (d) on the destruction of the apartment by another document from the competent authority of the state, which will make it clear that, as a result of the floods, the function of permanent residence cannot be restored in the apartment.
Control and penalties
Specific legislation shall apply in order to check compliance with the conditions for granting and applying the subsidy provided for in this Regulation and the application of penalties for unauthorised use or retention. 16)
This Regulation shall enter into force on the day of its publication.
Prime Minister:
PhDr. Špidla v. r.
Minister for Local Development:
Mgr.
1) § 3 (b) of Decree No. 137 / 1998 Coll., on general technical requirements for construction.
2) § 3 (c) of Decree No. 137 / 1998 Coll.
3) Act No. 240 / 2000 Coll., on crisis management and amending certain laws (Crisis Act), as amended by Act No. 320 / 2002 Coll.
4) Act No. 72 / 1994 Coll., which regulates certain joint ownership relations with buildings and certain ownership relations with flats and non-residential premises and complements certain laws (the Housing Act), as amended by Act No. 273 / 1994 Coll., the Constitutional Court found published under No. 280 / 1996 Coll., Act No. 97 / 1999 Coll., Act No. 103 / 2000 Coll., Act No. 229 / 2001 Coll., Act No. 451 / 2001 Coll. and Act No. 320 / 2002 Coll.
5) Sections 88 (1) (a), 88 (4) and 91 of Act No. 50 / 1976 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended by Act No. 83 / 1998 Coll.
6) Article 19 of Act No. 239 / 2000 Coll., on the Integrated Rescue System and on the amendment of certain laws. § 137a of Act No. 50 / 1976 Coll., as amended by Act No. 422 / 2002 Coll.
7) Paragraph 2 (3) (a) of Act No 151 / 1997 Coll., on the valuation of assets and on the amendment of certain laws (Law on the valuation of assets).
8) Paragraph 32 (1) of Act No. 50 / 1976 Coll., as amended by Act No. 83 / 1998 Coll.
9) Article 137a (3) (b) of Act No. 50 / 1976 Coll., as amended by Act No. 422 / 2002 Coll.
10) § 3 (a) of Decree No. 137 / 1998 Coll.
11) Paragraph 2 (1) of the Commercial Code. § 46 (2) (a) of Act No. 128 / 2000 Coll., on Municipality (municipal establishment), as amended by Act No. 313 / 2002 Coll.
12) Act No. 199 / 1994 Coll., on public procurement, as amended by Act No. 148 / 1996 Coll., Act No. 93 / 1998 Coll., Act No. 28 / 2000 Coll., Act No. 256 / 2000 Coll., Act No. 39 / 2001 Coll., Act No. 142 / 2001 Coll., Act No. 130 / 2002 Coll., Act No. 211 / 2002 Coll., Act No. 278 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 424 / 2002 Coll. and Act No. 517 / 2002 Coll.
13) EN ISO 9002.
14) Decree No. 291 / 2001 Coll., laying down details of the efficiency of the use of energy in heat consumption in buildings.
15) Government Decree No 396 / 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 natural persons affected by floods in 2002, as amended by Government Decree No 446 / 2002 Coll.
16) Article 44 of Act No. 218 / 2000 Coll., on Budgetary Rules and on the Amendment of Certain Related Acts (Budgetary Rules), as amended by Act No. 187 / 2001 Coll. and Act No. 320 / 2001 Coll. Act No. 320 / 2001 Coll., on financial control in public administration and amending certain laws (Act on Financial Control), as amended by Act No. 309 / 2002 Coll. and Act No. 320 / 2002 Coll.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Government Decree No. 104 / 2003 Coll., on the use of the resources of the State Housing Development Fund in the form of a grant to cover part of the costs associated with the construction of apartments for individuals affected by floods in 2002 |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 11.04.2003 |
|---|---|
| Effective from | 11.04.2003 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0