Act No. 104 / 2015 Coll.
Act amending Act No. 67 / 2013 Coll., amending certain issues relating to the provision of services related to the use of flats and non-residential spaces in a house with apartments, and Act No. 458 / 2000 Coll., on the Terms and Conditions of Business and on the Performance of Government Administration in the Energy Sector and on the Amendment of Certain Laws (Energy Act), as amended
Valid
Law
Effective from 01.01.2016
Text versions:
01.01.2016
04.05.2015
104
THE LAW
of 10 April 2015
amending Act No. 67 / 2013 Coll., adjusting certain issues relating to the provision of services related to the use of apartments and non-residential spaces in a house with apartments, and Act No. 458 / 2000 Coll., on the Terms and Conditions of Business and on the Performance of Government Administration in the Energy Sector and on the amendment of certain laws (Energy Act), as amended
Parliament has decided on this law of the Czech Republic:
Amendment to Act No. 67 / 2013 Coll.
Act No 67 / 2013 Coll., adjusting certain issues relating to the provision of services related to the use of flats and non-residential spaces in a house with flats, is amended as follows:
1. in Article 2 (a) (2) and (b) (2), "ownership of flats" is replaced by "co-ownership."
2.
Breakdown of heating and co-preparation costs for the house
(1) The costs of heating in the absence of an obligation to install specified meters under the law on metrology or equipment for the distribution of heating costs, and the costs of joint preparation of hot water for a house from water-meters to hot water under another legislation, shall be accounted for on the basis of the arrangements of the service provider with all tenants in the house, on the basis of cooperative housing arrangements with all tenants in the house, who are also members of the cooperative, in the Community by the arrangement of all owners of the units. In the absence of an agreement, the heating costs and the joint preparation of hot water shall be accounted for in accordance with another legislation governing the details for the breakdown of heat supply costs and the joint preparation of hot water in the house. A change in the method of accounting for heating costs and the joint preparation of hot water for the house is always possible after the end of the accounting period.
(2) Where, by another legislation, the obligation to install specified meters is laid down in the Metrology Act or the installation for the distribution of heating costs and the cost of joint hot water preparation for a house from water-meters for hot water, the heating costs in the unit of account shall be allocated over the accounting period to the component of the basic and consumption. The essential component is divided between the recipients of the service according to the ratio of the size of the countable floor area of the apartment or non-residential space to the total countable floor area of the apartments and non-residential areas in the unit of account. The consumption component is distributed among the recipients of the services in proportion to the size of the themes of the determined meters according to the Metrology Act or the installation for the distribution of heating costs using corrections and calculation methods, taking into account the different demands of heated rooms for the supply of heat energy given by their location.
(3) The differences in the heating costs per square metre of the countable floor area shall not exceed, for the recipient of the service with measurements or the installation for the distribution of the heating costs in the unit of account, the values determined as the lower and upper limits compared to the average of the unit of account in the given settlement period. In the event of exceeding permissible differences, an adjustment to the calculation method shall be made. If the beneficiary of the services does not allow the installation of specified meters under the Metrology Act or the installation of heating costs, or through a repeated demonstrable warning, does not allow them to be deducted or unduly affect them, the consumer component of the services shall, in the given settlement period, be equal to or greater than three times the average value of the consumption component of the costs per square metre of the eligible floor area of the unit of account.
(4) The costs of joint preparation of hot water for the unit of account for the settlement period consisting of the costs of heat energy consumed for the heating of water and the costs of water consumed shall be divided into basic and consumer components. The essential component is divided between the recipients of services according to the ratio of the floor area of the apartment or the non-residential space to the total floor area of the apartments and non-residential spaces in the unit of account. The consumption component shall be distributed among the recipients of the services on a pro rata basis according to the themes of the water meters for hot water installed in the service recipients. If the recipient of services does not allow the installation of hot water meters or, through a repeated, demonstrable warning, does not allow them to be read or unduly influenced by them, the consumer cost component for that service recipient shall be three times the average value of the cost element per square metre of the floor area of the unit. ';
footnote 2 is deleted.
3. In Paragraph 8 (2), the word "documents' is replaced by" supporting documents'.
4. Paragraph 13, including the title, reads:
Fines for late payment of non-cash benefits
(1) Where the service provider or the service provider fails to comply with its obligation under this law, in particular if the service provider fails to comply with the obligation to notify the change in the number of persons, or if the service provider fails to provide a timely bill or fails to comply with the obligation relating to the right of the service provider to consult the billing documents and the obligations relating to the settlement of objections, it shall pay the other party a fine unless the fulfilment of the obligations within the prescribed time limit would be unfair to demand or the failure of the time limit is due to the fault of the other party.
(2) The amount of the fine shall be agreed by the service provider with at least a two-thirds majority of the tenants in the house, or decided upon by the cooperative or the community. The agreed amount of the fine may not exceed CZK 50 for each day of delay. If there is no arrangement with the tenants or decision of the cooperative or community, the fine shall be CZK 50 for each day of delay. "
5. After Paragraph 14, the following Section 14a is inserted:
Authorisation provisions
The Ministry of Regional Development provides by decree
(a) the extent of the amount of the basic and the consumption component for the breakdown of the heating costs and the costs of the joint preparation of hot water for the house, their distribution among the recipients of the service, the values determined as lower and upper limits compared to the average of the unit of account during the accounting period, the definition of terms and other requirements for the breakdown of costs;
(b) the elements which the service provider must provide in the accounting of the heating costs and the costs of joint heat water preparation for the house. ';
Transitional provisions
1. The breakdown and billing of service costs for the settlement period that began before the date of entry into force of this Act shall be carried out in accordance with Act No. 67 / 2013 Coll., as effective before the date of entry into force of this Act.
2. The right to payment of a fine or a late payment fee resulting from a breach of the obligation laid down by Act No. 67 / 2013 Coll., as effective before the date of entry into force of this Act, which took place before the date of entry into force of this Act shall be governed by Act No. 67 / 2013 Coll., as effective before the date of entry into force of this Act.
Amendment of the Energy Act
In Section 98a of Act No. 458 / 2000 Coll., on the Terms and Conditions of Business and on the Enforcement of State Administration in the Energy Sector and on the Amendment of Certain Laws (Energy Act), as amended by Act No. 158 / 2009 Coll., Act No. 211 / 2011 Coll., Act No. 165 / 2012 Coll. and Act No. 90 / 2014 Coll., paragraph 3 is deleted.
EFFECTIVE
This Act shall enter into force on 1 January 2016.
Hamlet v. r.
Zeman v. r.
Sobotka v. r.
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Regulation Information
| Citation | Act No. 104 / 2015 Coll., amending Act No. 67 / 2013 Coll., adjusting certain issues relating to the provision of services related to the use of flats and non-residential spaces in a house with apartments, and Act No. 458 / 2000 Coll., on the Terms and Conditions of Business and on the Performance of Public Administration in the Energy Sector and on the amendment of certain laws (Energy Act), as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 04.05.2015 |
|---|---|
| Effective from | 01.01.2016 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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