Act No. 110 / 1950 Coll.
Law on the organisation of residential property and on the Housing Fund
Valid
Effective from 26.07.1950
Contents
§ 1.
HLAVA I.
§ 2.
§ 3.
§ 4.
§ 5.
§ 6.
HLAVA II.
Část I.
§ 7.
§ 8.
§ 9.
§ 10.
§ 11.
Část II.
§ 12.
Oddíl I.
§ 13.
§ 14.
§ 15.
§ 16.
Oddíl II.
§ 17.
§ 18.
§ 19.
§ 20.
§ 21.
§ 22.
§ 23.
§ 24.
§ 25.
§ 26.
§ 27.
§ 28.
§ 29.
HLAVA III.
§ 30.
§ 31.
§ 32.
§ 33.
§ 34.
§ 35.
§ 36.
HLAVA IV.
§ 37.
§ 38.
§ 39.
§ 40.
§ 41.
§ 42.
§ 43.
§ 44.
§ 45.
§ 46.
Zobrazeno prvních 200 z celkem 223 ustanovení tohoto předpisu.
Zobrazit celý předpis →
Pro stažení celého znění použijte tlačítko Stáhnout výše.
110.
Law
of 12 July 1950
on the organisation of residential property and the Housing Fund.
The National Assembly of the Czechoslovak Republic decided on the following Act:
Initial provision.
The state ensures that the housing level of the working people is steadily increasing. It therefore organises effectively the management of housing assets of national and residential housing associations and provides financial services related to housing assets of national and municipal enterprises (hereinafter referred to as "enterprises') and single agricultural cooperatives (hereinafter referred to as" agricultural cooperatives').
ORGANISATIONS OF THE GOVERNMENT MANAGEMENT
Housing property.
Residential property under this Act means real estate which serves exclusively or mainly residential purposes, as well as its components and accessories.
Organisation of national housing property.
In agreement with the Ministry of Labour and Social Welfare, the Ministry of Labour and Social Welfare may transfer, in whole or in part, the management of residential property managed by the State directly by its central authorities, public undertakings or national committees to an undertaking or the management of residential property entrusted to a company in whole or in part to another undertaking.
Organisation of residential property of housing associations.
(1) In agreement with the Ministry of Labour and Social Welfare, the Ministry of Labour and Social Welfare may abolish individual housing associations and transfer their assets to the State and entrust them to the administration of an undertaking, or transfer them in whole or in part to some of the generally beneficial housing cooperatives ("housing cooperatives").
(2) The property rights of members (members) of the repealed associations under the statutes (social contract) shall be settled by the State or by the housing cooperative on the property of the repealed association.
(3) Paragraph 1 shall not apply to housing cooperatives whose members may only be members of the armed corps and their families under their statutes.
(1) If the Ministry of Labour and Social Welfare abolishes the housing association which is a cooperative and transfers its property entirely to another housing cooperative, the members of the repealed cooperative will become members of the acquiring cooperative on the date of registration of the cancellation in the corporate (social, corporate) register. Members may, however, terminate such membership within a month; If they do so, they are looked upon as if they had not acquired membership in the acquiring cooperative. In order to satisfy the rights and fulfil the obligations, members of the deleted cooperative shall be considered as if they had withdrawn from it on the date of registration of the cancellation in the company register.
(2) These measures are not covered by Government Regulation No 259 / 1939 Coll., concerning the merger and transfer of the establishments of the profitable and economic communities, as amended, is changing and complementary.
Library records.
The entries in land (public) books relating to the transfer of real estate and library rights pursuant to Articles 3 and 4 (1) shall be carried out by the court, as decided by the Ministry of Labour and Social Welfare on the basis of a proposal from the company or housing cooperative concerned.
FINANCIAL SERVICES.
Housing fund.
Establishment of the Housing Fund.
In order to provide a financial service related to the housing assets of national and housing assets of agricultural cooperatives, the Housing Fund (hereinafter referred to as the Fund) is established as a separate legal entity.
(1) The Ministry of Labour and Social Welfare, in agreement with the Ministry of Finance and the Ministry of Finance, may:
1. Eliminate from the scope of the Fund certain parts of the national housing assets;
2. to extend the Fund's scope to residential property by organising and institutions of national importance and individual housing cooperatives;
3. allow the Fund to finance housing investments by individual central authorities of the State, state enterprises and national committees.
(2) For housing cooperatives, the Ministry of Labour and Social Welfare may, in agreement with the Ministry of Finance, authorise the Fund to finance their housing investments without extending its scope under paragraph 1 (2), while at the same time determining the method of financing it.
Reimbursement of expenditure of the Fund.
(1) Expenditure in accordance with the budget approved by the Ministry of Labour and Social Welfare in agreement with the Ministry of Finance is covered by the Income Fund, which consists of:
1. income from equity;
2. the amounts imposed on him by this Act (§ 15 (1), § 16, § 19 (2), § 28 (3) and § 38), in the case of specific provisions;
3rd budget allocation.
(2) If this revenue is not sufficient to cover expenditure, the Fund shall provide itself with the necessary funds in a manner and under conditions to be determined by the Minister for Finance in agreement with the Minister for Labour and Social Welfare.
(3) The surplus of the Fund goes to the Treasury.
Fund management.
(1) The Management of the Fund shall be led by a committee whose chairman, deputy and seven other members are appointed and dismissed by the Minister for Labour and Social Welfare in agreement with the Minister for Finance.
(2) The Fund's administrative, accounting and treasury work is provided by the Investment Bank, a national undertaking, under a special contract with the Fund approved by the Minister for Labour and Social Welfare in agreement with the Minister for Finance.
Supervision of the Fund.
The Fund shall be subject to the Ministry of Labour and Social Welfare. The Ministry shall supervise its activities in agreement with the Ministry of Finance.
The content of the financial service.
The definition of concept.
The financial service depends on the financial management of the housing assets of enterprises and agricultural cooperatives and on the allocation of funds to them for the acquisition of housing investments.
Financial security of housing management.
Separate housing management.
(1) Undertakings and agricultural cooperatives manage the property separately from their other assets.
(2) To that end, undertakings and agricultural cooperatives shall separate from the value of their capital assets a part equal to the value of the residential property and the value of their assets an operational part equal to the value of the claims referred to in paragraphs 3 and 24 of Article 2 and 3, and shall report the sum of those amounts separately in the statement as housing assets (housing fund). This wealth is not subject to the provisions of Act No. 104 / 1950 Coll., on the Financing of National and Municipal Enterprises.
(3) If a State with residential property directly manages it, the competent central authority, the state firm or the national committee shall set up a separate accounting agency which shall be adequately covered by the provisions of this Company Act.
Debt encumbrance.
(1) The Fund shall enter into the position of the debtor on the date determined by the Ministry of Finance in an agreement with the Ministry of Labour and Social Welfare by means of a decree in the relevant official document, in the place of the debtor, in all obligations of an investment nature which burden the housing of undertakings and agricultural cooperatives.
(2) The Ministry of Finance, in agreement with the Ministry of Labour and Social Welfare and the Ministry of Social Affairs, may decide that the Fund should take over, in the place of the debtor, obligations other than those transferred under paragraph 1. Such takeover shall not require the creditor's acceptance.
(3) In agreement with the Ministry of Labour and Social Welfare, the terms and conditions of remuneration and amortisation of commitments which have been transferred to the Fund or which have been taken over by the Fund may be adjusted by decrees in the relevant official document. These commitments may also be repaid to the Fund under the conditions laid down by the Ministry of Finance in an agreement with the Ministry of Labour and Social Welfare by decree on the relevant official list; The Minister of Finance is hereby authorised to issue the sovereign debt required for that purpose.
Surplus payment and deficit payment.
(1) The results of the management of residential property of undertakings and agricultural cooperatives are for the benefit or benefit of the Fund.
(2) The Fund is not allocated to amounts by which the actual costs are lower than those laid down by the budget. On the other hand, the Fund does not pay the amounts by which the expenditure laid down by the budget has been exceeded or cover the difference between the lower revenue foreseen in the budget and the higher costs laid down in the budget, which results from the rent on residential property being collected by an amount lower than the normal amount or not being collected at all. These amounts, which are not paid by the Fund, shall be subject to the results of the entire farm or agricultural cooperative management.
(3) The Ministry of Labour and Social Welfare, in agreement with the Ministry of Finance and the Ministry of Finance, may, on a case-by-case basis, grant derogations from the provisions of paragraph 2.
Investment write-offs.
Undertakings and agricultural cooperatives shall pay to the Fund amounts equal to the depreciation of residential property as well as amounts equivalent to the residual accounting price of the excluded residential property.
Funding for residential investments.
Investors.
The Fund shall finance housing investments by undertakings and agricultural cooperatives ("investors'); However, investments by national undertakings shall be financed only if they are intended exclusively for the benefit of the employees of the undertaking.
Housing investments.
(1) Housing investment means the construction of apartments and the restoration of residential buildings destroyed or damaged in connection with war events or hostile occupation, after a natural disaster, as well as repairs of an investment nature which increase the original cost of housing or prolong its fitness.
(2) Housing investments can only be made within the limits of a single economic plan.
How to finance housing investments.
(1) The Fund finances residential investment by conferring on investors the funds needed to pay the purchase price, unless the investor pays by its own means. In doing so, houses with one apartment designed to be the personal property of individuals (hereinafter referred to as "family houses') shall be considered as the investor's own funds by means of which he contributed to the purchase price of the individual for whom the house is intended.
(2) The funds entrusted by the Fund to investors increase their housing assets. However, if an investor is responsible to the owner of the house for a claim on the market price of the house or on the salary of the house for its construction or renewal (Sections 23 (3) and 24 (2) and (3)), the housing assets are reduced by the repayment of that claim and the investor must therefore pay to the Fund an amount equal to the amortisation payments; interest on that claim (Paragraph 25 (2)) must also be paid to the Fund.
Construction of family houses.
(1) The Fund also finances the construction of family houses if they are built by:
1. a national enterprise of a key field for persons who have entered and undertaken to remain permanently employed in that enterprise; in so doing, part of the houses, but not more than one third, may be reserved for those who are already employed in the undertaking and whose apartments have become submerged ineligible for housing or who live with their parents, even though they have established their own household marriage and other persons who will release their safe and suitable apartments for the employees of the undertaking;
2. a national enterprise of a key branch, as well as another enterprise or agricultural cooperative, for individuals who have been specifically responsible for the construction of a state and who, if an investor is a national enterprise, are its employees or, if an investor is an agricultural cooperative, are its members.
(2) The Ministry of Labour and Social Welfare may, on a case-by-case basis, grant derogations from the provisions of paragraph 1.
Restore family homes.
(1) The Fund finances the renewal of family homes destroyed or damaged in connection with war events or hostile occupation, following a natural disaster, if undertakings or agricultural cooperatives are restoring them to persons of national reliability, which, if the investor is a national undertaking, are its employees or, if the investor is an agricultural cooperative, are its members.
(2) Paragraph 20 (2) applies mutatis mutandis to the restoration of family homes.
Construction and restoration of family homes on individual land.
(1) Undertakings and agricultural cooperatives may build or rebuild family houses on the land of the individuals for which they are intended. The agreement of the Parties shall apply to the conditions of construction or renewal.
(2) If no agreement is reached on the renewal of the family home, the conditions for renewal shall be determined by the construction office. Its decision shall give rise to a legal relationship between the investor and the owner of the land, to which the general rules on the work contract apply mutatis mutandis. In the proceedings before the construction authorities, the investor has the position of a builder.
Sale (surrender) of family homes to personal property.
(1) Family houses are sold by investors, after completion of the construction, to the personal ownership of individuals at a market price equal to the cost, reduced by an amount equal to the depreciation of investments.
(2) If the purchaser of the house is an employee of a national enterprise of a key branch referred to in § 20 (1) No 1, the market price for the housing assets of the company shall be reduced by a third of the cost.
(3) The price of the purchase price shall be credited to the market price account, reduced after the case referred to in paragraph 2, when selling the house, to the price of the funds by which the acquirer contributed to the payment of the purchase price; the remainder is the investor's claim on the owner of the house.
(1) Family homes built or restored on the land of the individuals for which they are intended shall be surrendered by investors upon completion of the construction or renewal to the owners of the land.
(2) For the construction or renewal of the family home, the investor shall be entitled to an asset for the owner of the house, which shall be equal to the cost less the price of the funds by which the owner contributed to its payment.
(3) If the owner of the family home is an employee of a national enterprise of a key branch referred to in § 20 (1) No 1, the investor's claim for the construction of the house shall be equal to the cost of the purchase price, reduced in particular to the cost of the company's housing assets by a third of that price and then the price of the means by which the owner contributed to its payment.
Repayment and remuneration of investors' claims.
(1) Owners of family homes are obliged to liquidate investors' claims.
(2) If it is to restore the family home, its owner is obliged to pay interest on the investor's claim. However, this remuneration may be waived in cases of special consideration, in particular where the owner of the house has been specifically responsible for the construction of the State.
(3) The amount of the repayment and interest and, if waived, the remuneration of the investor's claim shall be decided by the Regional National Committees within the limits of the fixed interest rates, taking into account the income and family ratios of the owners of the family houses.
If the owner of the family home is an employee of a national enterprise of a key branch referred to in § 20 (1) No 1, the investor shall waive the remainder of his claim equivalent to another third of the purchase price if the owner of the house has fulfilled the other conditions of the market contract. However, this advantage applies only to the first homeowner and his heir, if they are his wife or children.
Prohibition of theft and trafficking.
(1) A family house must not be disposed of or committed without the investor's permission until its claim has been repaid (§ 26). This prohibition of disposal and encumbrance shall be inserted in the land (public) books for a house in the investor's benefit upon his proposal.
(2) This provision shall apply mutatis mutandis to the construction and renewal of family houses on the land of the individuals for whom the houses are intended, with the exception that the prohibition on the disposal and disposal has been in effect since the agreement of the parties on the conditions of construction or renewal or the legal relationship between the investor and the owner of the land under the decision of the building office (§ 22 (2)).
The right to buy family homes.
(1) If the owner of the family home is an employee of a national enterprise of a key branch referred to in § 20 (1) No 1, the investor shall be entitled to redeem the houses if the owner leaves his job without an important reason against the provisions of the market contract.
(2) In exercising that right, the owner of the investor shall return the family house in a state consistent with the care of the proper operator and pay him compensation for its use, equal to the sum of the monthly payments calculated from the cost of the house minus the price of the funds by which the owner contributed to its payment; the sum of the monthly payments paid on the investor's claim on the market price of the house or on the salary for its construction shall be credited to that account. The investor returns to the owner of the house the price of the funds by which he contributed to the purchase price of the house and pays it, if the house was built on the owner's land, the price of the land determined in accordance with the price regulations applicable to the expropriation. If the owner has improved the house with his own cargo or has made an extraordinary cost to preserve it, he shall be entitled to compensation as a legitimate holder; However, he is obliged to make good the damage if his guilt or accident for which he is responsible has deteriorated the substance of the house.
(3) The investor must take the Fund's amortisation from the third purchase price by which the market price or its claim for building a house has been reduced. In the same way, the Fund must carry out an amount equal to the compensation it received from the owner. On the other hand, the fund will pay him the amount needed to make up for the house owner.
Deciding on applications to finance housing investments.
(1) Applications for the financing of housing investments are decided by the Regional National Committees under the guidelines of the Ministry of Labour and Social Welfare issued in agreement with the Ministry of Finance and Technology. The Regional National Committee may amend, supplement or withdraw its decision within a month of the date of its issue for important reasons.
(2) According to the decisions of the Regional National Committees, the Fund will release the necessary funds through the Investment Bank, a national enterprise which also carries out the financial control of investors.
CONSTRUCTION OF BEARING AND FAMILY PROCESSING FROM THE PERIOD OF THE DOUBLE ECONOMIC PLAN.
Settlement of aid for housing and restoration from a two-year economic plan.
It is also for the Fund to settle, under the provisions of this Title, aid for the construction of flats and the restoration of residential buildings where such construction or restoration was part of a two-year economic plan.
Changes in legal regulations.
(1) The Fund becomes a State-owned carrier of rights and obligations under Act No. 41 / 1947 Coll., on State aid for residential buildings, or, as regards the renewal of residential buildings, under Act No. 86 / 1946 Coll., on construction renewal, as amended by Act No. 115 / 1947 Coll., as well as pursuant to § 19 of the Ordinance of the Board of Authors No. 128 / 1945 Coll. SNR, on the construction of towns and municipalities in Slovakia.
(2) The provisions on State aid in the form of a State contribution under the laws referred to in paragraph 1 shall be amended by the Fund contributing to the owner of the house to cover the cost of the house linked to the maximum amount by which these costs are higher than the rent (rental value) determined in accordance with price regulations.
Aid granted before the publication of the law.
Paragraph 31 also applies to aid granted under Act No. 41 / 1947 Coll. or under Act No. 86 / 1946 Coll. as amended by Act No. 115 / 1947 Coll., before the Decree.
Construction of flats and restoration of residential buildings of businesses and agricultural cooperatives.
The construction of flats and the restoration of residential buildings, which was part of a two-year economic plan and for which no aid was granted until the publication of this law under Act No. 41 / 1947 Coll. or Act No. 86 / 1946 Coll. as amended by Act No. 115 / 1947 Coll., finances the Fund in accordance with the provisions of Title II (§ § 17 to 29), if the investor is an undertaking or an agricultural cooperative.
Construction of flats and restoration of residential buildings of other investors.
(1) If the investor of the construction of flats or the restoration of residential buildings referred to in § 33 is a person other than an undertaking or an agricultural cooperative, the Fund may grant aid under Act No. 41 / 1947 Coll. or Act No. 86 / 1946 Coll. as amended by Act No. 115 / 1947 Coll., but only if the investor is an apartment cooperative or a family house. In doing so, the grant may be granted only in cases of special consideration, in particular where the owner of the house was specifically responsible for the construction of the State.
(2) Applications for support are decided by the Regional National Committees under the guidelines of the Ministry of Labour and Social Welfare issued in agreement with the Ministry of Finance and Technology.
Restoration of residential buildings initiated before the declaration of the law.
(1) Paragraphs 33 and 34 apply mutatis mutandis to the renewal of residential buildings, which started from 1 January 1949 until the publication of this Act.
(2) The aid provided for in Article 19 of Regulation No 128 / 1945 Coll. SNR can only be granted for the restoration of family houses, if it was started before the publication of this law and if the houses are intended for persons of state reliability.
Transfers of unfinished construction of waste constructors.
The Regional National Committee may require construction workers who do not continue properly in the construction of flats or in the restoration of residential houses to transfer the unfinished construction to the State or to the agricultural or housing cooperative within the prescribed time limit. If the builder does not comply with this order within 30 days of the decision of the Regional National Committee having acquired legal authority, the construction will be acquired according to the provisions of § § 8 to 12 of Government Decree No. 296 / 1948 Coll., on construction measures in the period of the five-year plan, and under § 20 of Act No. 280 / 1949 Coll., on the planning and construction of municipalities as soon as they become effective.
COMMON AND FINAL PROVISIONS
Cancellation of the State Housing Fund.
(1) The State Housing Fund established by Act No 98 / 1919 Coll. Its real estate, together with all the rights and obligations attached to it, is transferred to the State and its other rights and obligations to the Fund.
(2) The entries in the land (public) books relating to the transfer of real estate and library rights referred to in paragraph 1 shall be made by the court, with reference to this law on a proposal from the Ministry of Labour and Social Welfare.
The right to compensation on account of aid granted for the construction of residential houses.
The Fund shall enter into the right of compensation to the State due to aid granted for the construction of residential housing.
Excluding the powers of agents in implementing the recovery financed by the Fund.
The scope of the agents (principal agents) for renewal pursuant to Act No. 86 / 1946 Coll. as amended by Act No. 115 / 1947 Coll. does not apply to the renewal of residential buildings with which it will be started after the publication of the Act and which will be financed by the Fund.
Charging relief.
The requests of investors for financing residential investments and their annexes, as well as the submissions made by the Fund, shall be exempt from the fees.
(1) Legal acts, documents and official acts, if necessary for the measures provided for in Sections 3 to 6 and 14, shall be exempt from taxes, levies and charges; in the case of real estate transfers, no municipal levy on the increase in the value of real estate is prescribed or collected.
(2) The instrument of contract referred to in Article 10 (2) shall also be exempted from the fees.
(1) Transfers to the State or to the agricultural or housing cooperatives referred to in Article 36 of unfinished building of liqueur builders, as well as transfers of family houses whose construction or renewal has been financed by the Fund, to the individuals for whom the houses are intended, shall be exempt from the fees. The same exemption is for the investor to transfer the family home on account of its purchase pursuant to § 28.
(2) The legal acts and instruments relating to the sale of a third of the purchase price pursuant to Articles 23 (2) and 24 (3) and the remission of the remainder of the investor's claim under Article 26 are exempt from taxes and charges.
All legal acts, documents and official acts relating to the financing of residential investments or investor claims for owners of family homes shall also be exempt from the fees.
Implementing regulations.
The Government shall, by regulation, lay down detailed rules for the implementation of this Act and shall also provide for the settlement of the rights and obligations of the repealed associations, the representation of the Fund, its organisation, management and management, as well as the manner and conditions of the formation of residential property, operational credit measures, payment and control of the management of residential property.
Repeal of existing regulations.
(1) Repeal (applicability)
1. the provisions of Sections 2, 4 to 11 and 13 to 19 of Law No 242 / 1910 on the establishment of a housing fund;
2. Regulation No 166 / 1911 on the establishment of housing committees;
3. Law No 243 / 1911 on tax and tax relief for public-service construction associations;
4. Law No 244 / 1911 on State aid for housing, as amended by Law No 197 / 1913.
5. the Decree of the Ministry of Public Works, in agreement with the Ministry of Finance No 28 / 1912, declaring new Statutes of the State Housing Fund for Small Houses and the Statutes published by it, with the exception of the provisions concerning the guarantee of the Fund and the general utility of construction associations;
Contents
§ 1.
HLAVA I.
§ 2.
§ 3.
§ 4.
§ 5.
§ 6.
HLAVA II.
Část I.
§ 7.
§ 8.
§ 9.
§ 10.
§ 11.
Část II.
§ 12.
Oddíl I.
§ 13.
§ 14.
§ 15.
§ 16.
Oddíl II.
§ 17.
§ 18.
§ 19.
§ 20.
§ 21.
§ 22.
§ 23.
§ 24.
§ 25.
§ 26.
§ 27.
§ 28.
§ 29.
HLAVA III.
§ 30.
§ 31.
§ 32.
§ 33.
§ 34.
§ 35.
§ 36.
HLAVA IV.
§ 37.
§ 38.
§ 39.
§ 40.
§ 41.
§ 42.
§ 43.
§ 44.
§ 45.
§ 46.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 110 / 1950 Coll., on the organisation of residential property and on the Housing Fund |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 26.07.1950 |
|---|---|
| Effective from | 26.07.1950 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0