Government Decree No. 112 / 2019 Coll.
Government regulation on the conditions for the use of State Fund funds to promote investment in the acquisition of social and affordable apartments and social, mixed and affordable houses
Valid
Regulation
Effective from 30.04.2019
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112
GOVERNMENT REGULATION
of 15 April 2019
on the conditions for the use of State Fund funds to promote investment in the acquisition of social and affordable apartments and social, mixed and affordable houses
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 lays down the conditions for the use of funds from the State Investment Support Fund ("the Fund ') in the form of a subsidy or loan to cover part of the costs associated with the construction, modernisation or purchase of social or affordable apartments or social, mixed or affordable houses under Article 3 (1) (a) and (c) of the State Investment Support Fund Act.
Definition of terms
For the purposes of this Regulation:
(a) eligible households co-operating with low income and non-compliant housing;
(b) a joint household of a community of natural persons who live and jointly cover the costs of their needs; a joint household may be a single natural person,
(c) low income deductible income under the Lifelong and Existing Minority Law of all members of the co-economy, which shall not exceed:
1. one-man household 0,6times the gross average monthly wage;
2. a household of two 0,8 times the gross average monthly wage;
3. a three-person household 0,9 times the gross average monthly wage;
4. households of four with gross average monthly wages,
5. more than four households, 1.2 times the gross average monthly wage;
(d) the gross average monthly salary of the average gross monthly nominal wage for the converted number of employees in the national economy achieved according to the published data of the Czech Statistical Office for the last calendar year, if the rental contract to the social flat is concluded between 1 July and 31 December, or for the previous calendar year, if the lease contract to the social flat is concluded between 1 January and 30 June;
(e) non-compliant dwellings not complying with the specific requirements of a member of a co-operating household resulting from its health restriction, housing of co-resident households on premises not intended for permanent residence, poor quality apartment or overpopulated apartment under the conditions set out in the Annex to this Regulation;
(f) a social apartment owned by a municipality or a voluntary association of municipalities with at least basic equipment intended for the hire of an eligible household which cannot ensure satisfactory housing on the market, obtained with aid under this Regulation, with a floor area of at least 23 m2 and not exceeding 120 m2;
(g) an apartment available for rent owned by a municipality or a voluntary association of municipalities, purchased with support under this Regulation, which is not a social apartment, or an apartment in an accessible or mixed house which is not a social apartment, and whose floor area is at least 23 m2 and does not exceed 120 m2;
(h) a social house with exclusively social apartments, comprising at least 4 and not more than 12 social apartments and, in the case of a house with at least 6 social apartments, also a room for a person providing domestic services or a social worker and a separate room with toilet and sink;
(i) an affordable house apartment house with exclusively accessible apartments;
j) a mixed house apartment house with exclusively social and affordable apartments, in which there is at least 20% of the total number of flats in the house and at least 1 apartment available, if in the mixed house
1. more than 12 flats, social flats may be up to a maximum of 12 flats and 20% of the remaining number of flats in a mixed house, and
2. at least 12 social apartments must be equipped with a room for the person providing the home service or social worker and a separate room with toilet and sink,
(k) the acquisition of construction, modernisation or purchase;
(l) construction
1. new building of a social, mixed or accessible house,
2. the construction of premises intended for purposes other than housing, resulting in a social, mixed, accessible house or social or accessible apartment;
3. a superstructure or extension which creates a social or accessible apartment; or
4. the construction of a residential or family house which is not suitable for living and is created by a social, mixed or accessible house;
(m) by modernising the construction or maintenance of an apartment building which is not used on the date of application for legal reasons for housing, leading to a technical evaluation of the construction of that house, which will create a social, mixed or accessible house;
(n) aid for grants or loans;
(o) the floor area of the flat, the sum of all flat areas of the floors of each room and of the spaces used exclusively with them;
(p) an accessible apartment, social or accessible,
1. the walls of the bathroom and toilet allow the anchoring of auxiliary handles in different positions with a load capacity of at least 150 kg;
2. the bathroom and toilet doors open outwards and
3. the layout and construction solution allows access to the entrance areas of the apartment, bathroom and toilet, food preparation areas and at least one living room in one level with a height difference of not more than 20 mm,
q) basic equipment toilet, sink, shower or bathtub, kitchen and stove or hob,
(r) an apartment or family house which is not eligible for housing or a family house where the incapacity for housing is documented by an assessment of the person who has been authorised under the Act on the pursuit of the profession of authorized architects and the pursuit of the profession of authorised engineers and technicians active in construction;
(s) home services of services provided in social or mixed houses to ensure hygiene and safety requirements and maintain the quality and operation of social housing; and
(t) social work social advice under the Social Services Act leading to the maintenance of housing in a social apartment or the acquisition of housing on the market according to the individual needs of an eligible household.
Aid applicant
(1) The funds of the Fund may be used and aid may be granted only if the aid applicant is a municipality or a voluntary association of municipalities; for the capital city of Prague, the urban part of the capital of Prague may also be the aid applicant and for the territorial subdivided statutory cities the urban district or urban part may also be the aid applicant if they are entitled to do so.
(2) Aid may be granted only on condition that:
(a) does not have a arrears due in respect of the state budget, the state funds or the budget of the local authority and does not have a arrears due in respect of insurance premiums and periodic penalty payments in respect of public health insurance;
(b) is not in bankruptcy or liquidation;
(c) is not a firm in difficulty under the directly applicable European Union State aid Regulation (1); and
(d) is not, where it applies for a loan, an undertaking to which a recovery order has been issued following a decision of the European Commission (2).
(3) The applicant shall demonstrate compliance with the conditions laid down in paragraph 2 by means of an honest declaration, except for the absence of a arrears due in respect of the state budget, which shall be evidenced by the confirmation of the body of the Financial Administration of the Czech Republic and of the Customs Administration of the Czech Republic, which are not more than 30 days old on the date of submission.
Objective of aid
(1) Funds of the Fund may be used and the grant granted for acquisition
(a) a social home;
(b) parts of a mixed house corresponding to the ratio of the floor area of social housing to the floor area of all the flats in the house; or
(c) social housing.
(2) Funds of the Fund may be used and credit granted for acquisition
(a) an accessible house;
(b) parts of a mixed house corresponding to the ratio of the floor area of the available flats to the floor area of all the flats in the house; or
(c) the apartment available.
(3) A subsidy with a loan or a subsidy without a loan granted by the Fund may be used for the acquisition of a mixed house.
Additional conditions for granting the aid
(1) The condition for granting the aid is that the applicant:
(a) submit an aid application to the Fund; the application must contain the particulars and annexes referred to in Section 10;
(b) has a processed investment project approved by the competent authority of the applicant; and
(c) conclude an aid contract with the Fund.
(2) The condition for the use of the Fund's funds is that the applicant complies with the conditions for the implementation and evaluation of the investment plan and the conditions for drawing and using the aid and repayment of the loan.
(3) The subsidy may be granted if the applicant is entrusted with the operation of a service of general economic interest in providing housing in a social flat.
(4) The loan may be granted if it is adequately secured for the benefit of the Fund until at least its outstanding amount and the applicant demonstrates the ability to repay the loan.
The funds of the Support Fund referred to in Article 4 may be used only on condition that they are granted in accordance with the European Union rules on the acquisition of:
(a) social housing, social house or social housing in a mixed house as compensation for the obligation of a service of general economic interest to certain undertakings entrusted with the operation of services of general economic interest in the field of social housing pursuant to the directly applicable regulation of the European Union governing small-scale aid granted to undertakings providing services of general economic interest (3) or under a decision of the European Commission governing State aid in the form of public service compensation granted to certain undertakings entrusted with the provision of services of general economic interest (4); or
(b) the available flat, the available house or the available flats in the mixed house as small-scale support or as investment aid for local infrastructure under the directly applicable European Union State aid Regulation (5).
(1) Aid may be granted only on condition that:
(a) the municipality which is the applicant or whose urban part or district is the applicant, or the voluntary association of the municipality which is the applicant, is the owner of the land on which the building with social or affordable flats will be constructed or modernised;
(b) the building in which social or accessible apartments are to be acquired is exclusively owned by the municipality which is the applicant or by the municipality or by the town or district of which is the applicant, or by a voluntary union of municipalities which is the applicant;
(c) the land referred to in (a) and the construction referred to in (b) does not bear a substantive burden which would prevent the use of social or accessible flats, execution, security transfer or lien, with the exception of a lien for the benefit of the Fund or the State;
(d) the land in which the building or the land on which the building with social or affordable flats is to be built is not in the flood area, or the real estate is liable to insure against the flood, and the Water Authority for that land has issued a favourable opinion with any restrictions on the construction conditions;
(e) the implementation of an investment project financed under this Regulation shall not be subject to support from European Structural and Investment Funds or to State or State Fund budget support, with the exception of the Fund; and
(f) the applicant shall have the funds to finance the investment project.
(2) Aid may be granted only if the aid applicant undertakes to comply with the following conditions:
(a) a social flat shall serve as a housing for an eligible household during the service of general economic interest, but for at least 20 years;
(b) the available apartment will be used for rental for the period of repayment of the loan but for at least 20 years;
(c) ensure, for at least the period referred to in (a), the availability of social work in social homes and mixed houses with more than 12 social housing units and social housing units;
(d) it shall not transfer, for the period during which social or affordable dwellings serve the purpose referred to in (a) or (b), the right of ownership to a social flat, an accessible apartment, a social house, a mixed house or an accessible house to another person and shall not burden them with a lien for the benefit of a third party, with the exception of the lien of a State or State Fund, if the Fund has given its prior consent; and
(e) the social flat, the accessible apartment, the social house, the mixed house or the accessible house shall insure at the latest on the date of transmission of the documentation for the final assessment of the investment plan or the date of conclusion of the purchase contract by insuring such immovable property for the period during which the social or accessible apartments are to serve the purpose referred to in (a) or (b), at least against natural disasters and the immovable property in the flood area, in the event of flooding; the insurance must be arranged in such a way that, in the event of an insurance claim, the damage suffered is at least equal to the amount of the aid granted and its payment to the Fund must be agreed.
(3) Aid may be granted only if the aid applicant undertakes to comply with the conditions for the conclusion of rental contracts for social and affordable dwellings and the rules on their rental and, in the case of the lease of affordable apartments purchased with credit under this Regulation, determines and publishes in advance the criteria for the selection of the tenant of the available apartment; the criteria shall not include evidence of the minimum required income or property.
(1) In order to grant aid for construction or modernisation, the following additional conditions must be met:
(a) the applicant shall provide project documentation of the construction if required under the construction law;
(b) the new building must be equipped with a barrier-free entrance to the house and lift and all apartments on the first above-ground floor must meet the requirements for an accessible apartment; the new building of an apartment building of 4 or more above ground floors shall be equipped with an elevator and all its apartments purchased with support under this Regulation shall meet the requirements for an accessible apartment,
(c) in the case of building modifications to a residential or family house unfit for living, the applicant shall provide an assessment in accordance with § 2 (r); and
(d) in the case of modernisation, the immovable property in question may not be used on the date on which the application is lodged on the basis of a legal basis for housing.
(2) A maximum of 12 social apartments may be supported under one application if the extension or extension is intended to give rise to a social flat with the aid provided for in Article 4 (1) (c).
(3) In order to provide support for modernisation, the budget costs of the investment project must be at least CZK 500,000.
(1) Paragraph 7 (1) (b) and (c) shall not apply to the purchase of a social or affordable apartment. A social or accessible apartment shall not be subject to a material burden which would prevent the use of the social or accessible apartment, execution, right-of-way transfer or lien, except for a lien for the benefit of the Fund or the State.
(2) When buying a social apartment with the support of § 4 (1) (c), the most social housing can be purchased as the sum of 12 apartments and 20% of the remaining number of apartments in the house.
(3) If at least 12 social apartments are purchased in the house, the grant for the purchase of social apartments can be granted only on condition that:
(a) the house shall be equipped, if technically possible, with a room for the person providing the home service or the social worker and a toilet and sink room; and
(b) where the applicant's share of the common parts of the house exceeds 50% due to the ownership of social housing in the house, the applicant shall ensure the provision of home services in the house in connection with the ownership of social housing.
Aid application
(1) The aid application shall be submitted by the applicant within the time limits and in the manner laid down by the Fund. The subsidy application shall also include the amount of the subsidy requested and the loan application for the amount requested and the repayment period of the loan and the proposed loan guarantee.
(2) The applicant shall accompany the aid application:
(a) an investment project approved by the competent authority of the applicant;
(b) proof of ownership of the immovable property; This does not apply in the case of purchase purchased,
(c) the statement of the competent authority of the water authority that the land on which the social or accessible apartment or social, mixed or accessible house is to be acquired is not situated in the flood territory or the consensual binding opinion of the water authority with any restrictive conditions for construction;
(d) proof of insurance or of the insurer of immovable property to the extent provided for in Article 7 (2) (e);
(e) in the case of an application for a subsidy, a statement of the application for a service of general economic interest for the provision of housing in a social flat;
(f) a declaration of honour by the applicant for small-scale aid, if required under the public aid scheme (6);
(g) in the case of a loan application, documents proving its ability to repay the loan; and
(h) other documents required by the Fund in the invitation.
(3) The aid application shall be accompanied by:
(a) construction or modernisation of a certificate of application for a building permit, a certificate of submission of a draft public contract for the construction of a building office, a notification of a building project to the competent building office authorised by the inspector, accompanied by a certificate of an authorised inspector, a certificate of submission of the declaration of construction or an affidavit of the applicant, that the building modifications do not require authorisation or notification;
(b) the construction of a residential or family house not eligible for housing assessment pursuant to § 2 (r); and
(c) the modernisation of the applicant's affidavit that the immovable property is not used on the date on which the application is lodged on the basis of legal grounds for residence.
(4) In the case of aid for the acquisition of a mixed house with a loan subsidy pursuant to Article 4 (3), the applicant shall submit a subsidy application and a loan application at the same time. Documents which are identical to both the subsidy application and the loan application shall be accompanied by the applicant only once, namely the subsidy application.
Investment intention
(1) The investment plan shall always include:
(a) the form of the aid referred to in Article 2 (n) and the purpose of the aid referred to in Article 4;
(b) the timing of the preparation and implementation of the investment project and its location;
(c) the budgetary costs, the justification for their amount and the method of financing the acquisition, including the expected amount of aid; and
(d) a description of the operation of the immovable property acquired and its financial security.
(2) The investment plan also includes:
(a) purchase of a description of the technical condition of the houses and apartments and of the floor features of the individual floors of the house, indicating all the social or accessible flats planned, including the area of the floor area of the individual flats;
(b) modernisation of a description of the current state of the house or apartment, including its photo-documentation, a description of the planned modernization, the envisaged budget and the ground floor features of each floor of the house, indicating all social or accessible flats including the area of the floor area of each apartment;
(c) construction of a comprehensive technical report, a coordination situation of the construction, or any other situation drawing required in the framework of the management carried out at the construction office, or a cadastral map with the encapsulating of the building, the ground floor with the designation of all social or accessible flats, with the indication of accessible flats, drawings of cuts and views (architectural construction solutions), the envisaged building budget, the expected timetable for the construction, and the description and photo of the real estate, if part of the investment project of buying real estate for construction,
(d) the acquisition of a social flat, a social house or a mixed house, as referred to in Article 4 (1), a justification for the need for social housing to operate a service of general economic interest, an estimate of the number of eligible households and an assessment that the investment project will lead to an improvement of the social situation in the municipality and not to the spatial exclusion of persons;
(e) the purchase of a social flat pursuant to Article 4 (1) (c) of an assessment that the investment project will lead to an improvement in the operating and social situation in the house; and
(f) the acquisition of an accessible apartment, an accessible house or a mixed house pursuant to Article 4 (2) of the justification for the need for local infrastructure, which is necessary to improve the business and consumer environment.
Eligible costs
(1) The eligible costs are only the costs effectively incurred for the acquisition of a house or apartment pursuant to Section 4, which are necessary for the realisation of the investment project and which are evidenced by the relevant tax document by the applicant.
(2) Eligible costs must be incurred following the submission of an application for aid; This is not the case in the case of the construction of a social flat, a social house and a mixed house with a subsidy without a loan pursuant to § 4 (1) and (3), where the cost of the real estate was also eligible if it was paid up to 1 year before the date of application.
(3) The eligible costs are the construction or modernisation costs of:
(a) the purchase of a building plot;
(b) construction site facilities;
(c) land treatment and works;
(d) the material and its transport;
(e) demolition work including landfill,
(f) construction and technical supervision;
(g) revisions and tests;
(h) basic equipment costs; and
(i) value added tax, with the exception of that part of the value added tax, for which the municipality as the payer is entitled to deduct the tax under the Value Added Tax Act.
(4) The eligible costs are also in social and mixed houses and, when buying at least 12 social apartments in the house, the cost of purchasing a room for a person providing domestic services or for a social worker, and the purchase of a separate room with a toilet and sink, and, in the case of a social apartment, a mixed house and a social home, the cost of technical equipment to reduce the consumption of energy and water of the household, oven, diffuser and built-in appliances or built-in furniture, if they are part of an investment project.
(5) In the case of the purchase of the real estate, the price agreed and the price customary under the Asset Valuation Act is compared. The eligible cost is the lower of these prices; the applicant is obliged to provide proof of their amount.
(6) Where the investment project involves the disposal of the original construction, the eligible cost shall be 30% of the costs of the disposal of the construction.
Eligible costs are not in particular costs
(a) for the processing of opinions and estimates;
(b) project documentation,
(c) related to the preparation of an aid application;
(d) to purchase real estate if the municipality has transferred it to another person in the last 10 years before the date of application;
(e) debts contracted or legally transferred in connection with the immovable property purchased; and
(f) garages, commercial premises and other premises whose use is unrelated to housing.
Eligible costs shall be determined either by budget heading or by proportion of the floor area of social housing to the floor area of all apartments in the house or accessible apartments to the floor area of all apartments in the house. Where the acquisition of premises referred to in Article 13 (f) is also part of the investment project, the eligible costs shall be determined either by budget heading or by proportion of the floor areas of social or accessible flats to the sum of the floor areas of apartments and premises referred to in Article 13 (f).
Aid contract
(1) For the grant of aid, the applicant must submit to the Fund at the latest before the conclusion of the grant contract
(a) a final decision or other act of the building office or an effective public contract, if required under the construction law for the purpose of the aid;
(b) for the purchase of a real estate purchase contract and a price assessment customary under the Asset Valuation Act;
(c) in the case of construction or modernisation, a contract to ensure that the investment project is implemented with the contractor; and
(d) in the case of a subsidy application, proof of the entrustment of a service of general economic interest in the provision of housing in a social flat, which contains the elements laid down in the decision of the European Commission on State aid in the form of public service compensation granted to certain undertakings entrusted with the operation of services of general economic interest (4) or in the context of a directly applicable European Union provision governing small-scale aid to undertakings providing services of general economic interest (3); and
(e) the attestations and declarations of honour referred to in Article 3 (3).
(2) The grant contract always includes the conditions under which the aid is granted and the conditions to be followed subsequently. The credit agreement shall include the borrowing, repayment and collateral arrangements and penalties arrangements.
Amount of subsidy, amount of credit and interest rates
(1) The subsidy may be granted up to the total eligible costs of the investment project, but up to the amount determined as a product of the total number of m2 of floor area of social housing; and
(a) the average cost of building per square metre of the commercial area of the apartment in residential buildings published by the Czech Statistical Office for the last published year preceding the year of application for purchase or new construction;
(b) the average cost of building per square metre of the commercial area of the apartment in the superstructures, built-in buildings and access to the housing houses published by the Czech Statistical Office for the last published year preceding the year of application for construction pursuant to § 2 (l) (2), (3) or (4); or
(c) half of the average cost of construction per m2 of the utility area of the apartment in the housing houses published by the Czech Statistical Office during the last published year preceding the year of application for modernisation.
(2) The loan may be granted up to the total eligible costs of the investment project.
(3) The interest rate is fixed at the level of the basic rate of the European Union applicable to the Czech Republic on the date of conclusion of the contract, less 0,5 percentage points, but at least 1% per year. The interest rate is fixed throughout the repayment period. The interest on the spent part of the loan shall begin on the date on which the loan is drawn.
Conditions for drawing up and using aid and repayment of credit
(1) The drawing-up of the aid should take place within 1 year of the entry into force of the aid contract.
(2) The aid may be used only for eligible costs and drawn only on the basis of the documents submitted, either in one or in turn, in accordance with the procedure laid down in the grant contract.
(3) From the date of entry into force of the contract granting the aid and throughout the construction of the social, mixed or accessible house or social or affordable apartment
(a) the built-up structure must be insured on condition that insurance benefits are paid to the Fund;
(b) the land or the built-in structure may not be transferred to a third party; and
(c) the built-up construction shall not be subject to a lien for the benefit of a third party, except for the lien for the benefit of the Fund or the State.
(4) The repayment period may be set at a maximum of 30 years.
(5) The loan is repaid by regular monthly instalments involving the repayment of principal and interest.
Conditions for the implementation and evaluation of an investment project
(1) The acquisition must be completed and the social or accessible apartment or social, mixed or accessible house must be eligible for use within the time limit laid down in the grant contract. The construction must be completed and the social or accessible apartment or social, mixed or accessible house resulting from the construction must be eligible for use no later than 5 years and, in the case of modernisation, no later than 3 years after the date of entry into force of the aid contract.
(2) The applicant shall demonstrate to the Fund the completion of the investment project by means of a transfer protocol proving the transfer of the work without defects preventing the use of the work. In the case of a purchase, the applicant shall provide proof of the completion of the investment project by an extract from the cadastral of the property which attests to its ownership of the real estate.
(3) The applicant will deliver to the Fund within the time limit laid down in the aid contract a final assessment of the investment project, which contains, in particular, an overview of the use of funds for the investment project.
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Regulation Information
| Citation | Government Decree No. 112 / 2019 Coll., on the Terms and Conditions of Use of Funds of the State Fund for the Promotion of Investment for the Acquisition of Social and Available Apartments and Social, Mixed and Available Houses |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 24.04.2019 |
|---|---|
| Effective from | 30.04.2019 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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