Decree of the Federal Ministry of Finance, Ministry of Finance of the Czech Socialist Republic and Ministry of Finance of the Slovak Socialist Republic No. 121 / 1980 Coll.
Decree of the Federal Ministry of Finance, the Ministry of Finance of the Czech Socialist Republic and the Ministry of Finance of the Slovak Socialist Republic on financial assistance in the transfer of group family homes from cooperative to personal property
Valid
Effective from 01.10.1980
121
DECLARATION
Federal Ministry of Finance, Ministry of Finance of the Czech Socialist Republic and Ministry of Finance of the Slovak Socialist Republic
of 6 August 1980
on financial assistance for the transfer of cooperative family houses into personal ownership
The Federal Ministry of Finance pursuant to Article 391 (1) of the Economic Code No. 109 / 1964 Coll., as amended by Act No. 37 / 1971 Coll., and supplemented by Act No. 144 / 1975 Coll., § 28 (d) and (e) of the Act No. 134 / 1970 Coll., on the State Budget Rules of the Czechoslovak Federation and on the Principles of the Government Budget of the Federation and Republics, and § 508 (1) of the Civil Code No. 40 / 1964 Coll., and the Ministry of Finance of the Czech Socialist Republic pursuant to § 39 (2) of the Act No. 60 / 1971 Coll., on the State Budget Rules of the Czech Socialist Republic and Article 508 (1 of the Civil Act No. 40 / 1964 Coll., and the Ministry of Finance of the Slovak Socialist Republic pursuant to § 39 (a) of the Slovak National Council of the Slovak National Council of the Slovak National Council No. 32 / 1971 Coll.
Subject matter and scope of the adjustment
(1) This decree regulates financial assistance for transfers of group family houses (1) from the ownership of housing cooperatives ("cooperative") to the personal ownership of their users.
(2) For the purposes of this decree, family houses, including their related garages and technical equipment, built by cooperatives after 1 January 1969 on the basis of derogations from the relevant regulations (2) (hereinafter referred to as "houses'), are family houses.
Conditions for financial assistance
(1) Financial assistance under other provisions of this Order (Sections 3 to 5) may be granted only if the conditions set out in paragraphs 2 to 6 are met.
(2) The houses will transfer cooperatives to the personal ownership of their users and, where appropriate, to the co-ownership of users and members of their households under a contract approved by the relevant housing cooperative association (3) and registered by the state notaries.
(3) If several houses form a group that has common accessories (e.g. well, septic tank, central heating boiler), the transfer of all houses forming such a group shall take place simultaneously.
(4) The house price is determined by the cooperative in accordance with the applicable rules at the cost of the cost less wear. 4) To pay the price, the acquirer shall be credited
(a) the residual value of the member holding;
(b) the contribution provided for in Article 3 (1) or Article 4 (1), where it has been granted,
(c) the amount by which the paid-up bank loan, the unused funds in the fund for the financing of maintenance and investment and the amortisation of a member's share exceed the wear of the transferred house by which its purchase price has been reduced for the purposes of the transfer.
(5) The buyer of the house shall demonstrate to the cooperative, at the latest until the registration of the real estate transfer contract, that he has paid the purchase price or that he has promised the State savings bank that the purchase price will be paid to the cooperative from the loan provided within 50 days of the registration of the real estate transfer contract.
(6) The Cooperative will reimburse the National Committee with a State contribution (or a special contribution), reduced by contributions granted to the acquirer pursuant to Articles 3 (1) and 4 (1) respectively, and the Czechoslovak branch of the State Bank will pay the outstanding part of the loan within 60 days of the registration of the real estate transfer contract. The contributions are returned to the national committee that provided them to the construction cooperative. If the contribution has been granted by another authority, the cooperative shall return it to the district national committee responsible for the place of construction.
Stabilisation contributions to socialist workers
(1) Socialistic organisation5) may, in the interests of stabilization, provide their workers with a contribution of up to 40 000 CZK to transfer a cooperative family home to personal ownership. The contribution is granted by way of netting for the purchase price of the house [Paragraph 2 (4) (b)].
(2) In the case of multiple-dwelling houses acquired in co-ownership, the allowance provided for in paragraph 1 may be granted for each flat if the co-acquirer (s) are not married.
(3) The condition for granting the contribution referred to in paragraphs 1 and 2 shall be that the worker undertakes in the contract (paragraph 7):
(a) remain in employment for 10 years from the conclusion of the contract. Workers who, in view of the age limit laid down for entitlement to an old-age pension, are not eligible to fulfil this stabilisation obligation may be granted a contribution under those conditions if they undertake to remain in employment for at least 5 years from the conclusion of the contract;
(b) do not transfer the house to another person for a period of 10 years from the registration of the transfer contract by the State notaries and for that period use it for permanent residence;
(c) demonstrate to the organisation within 60 days of the registration of the real estate transfer contract by the state notaries that the house has acquired the personal ownership (co-ownership) and paid the purchase price;
(d) to repay the stabilisation allowance if it fails to comply with one of the conditions laid down in this Decree.
(4) In the case of the acquisition of a co-ownership house (Paragraph 2 (2)), it is a condition that a co-owner takes over the commitments referred to in paragraph 3 for each apartment to which the contribution is granted.
(5) The contribution referred to in paragraphs 1 and 2 may be granted only if the acquirer has not received, or has recovered, non-refundable financial assistance for the composition of a member's stake in a cooperative or individual housing construction.
(6) If the acquirer of the house has received a deductible loan in respect of the composition of the member's share of the house in the transferred house with the condition of residence in the cooperative apartment for a specified period of time, that condition shall be deemed to be filled by residence in the house acquired by the acquirer from the cooperative to the personal ownership.
(7) The contribution referred to in paragraphs 1 and 2 shall be granted on the basis of a written contract concluded by the organisation with its worker, the homeowner, in agreement with the ROH racing committee and the district national committee responsible for the construction site.
(8) The contract for the transfer of the cooperative house into personal property shall state that the contribution to the acquirer shall be included in the payment of the purchase price.
(9) The organisation shall monitor compliance with the terms of the contract and, in the event of a breach of the terms of the contract, request the refund of the contribution without delay. The refund shall be made by the organisation to the state budget of the Republic responsible for the place of construction.
(10) Reimbursement of the organisation's contribution shall not be required if, before the expiry of the contract period, the worker has died or has become wholly disabled, or if, as a result of an accident or occupational disease, he is unable to fulfil his obligations under the contract and the employment contract is terminated; This also applies if the worker has cancelled his employment because of a serious threat to his health (Section 54 (1) of the Labour Code).
(11) In the event that the worker goes to another organisation before the expiry of the contract period as a result of organisational changes, for reasons of public interest or for other obvious reasons, the organisation may, with the agreement of the ROH Racing Committee, the District National Committee responsible for the place of construction and the Central Authority's superior, waive the repayment of the contribution or part thereof.
Contributions to other citizens
(1) The county national committees responsible for the place of construction may make a contribution to the transfer of the cooperative family home to personal ownership of up to 30 000 Kts to the citizens of the profession in which they do not enter into employment, to workers who, by reason of their age, do not fulfil the conditions for the conclusion of a contract under Article 3 with a stabilising obligation of not even 5 years and pensioners. The contribution shall be granted on the basis of a written contract, by way of netting, for the purchase price of the house [Paragraph 2 (4) (b)].
(2) The grant provided for in paragraph 1 shall be subject to the condition that, for a period of 5 years following the registration of a transfer contract by a public notary, the transferee does not transfer the house to another person and will use it for permanent residence during that period. Paragraph 3 (2) (c), (d), (4), (5), (6), (8) and (9) shall apply mutatis mutandis.
(3) In clear cases, the refund may be waived only with the agreement of the relevant Regional National Committee.
Loans from state savings banks
(1) In order to cover the price of the house and its related technical equipment (excluding the price of the garage), the State savings bank may grant a loan to the buyer of up to 200 000 CZK. In the case of multiple-dwelling houses acquired in co-ownership, the sum of the loans shall not exceed CZK 250 000. The maturity of the loan shall be fixed for a maximum period of 20 years from the date on which the house transfer contract was registered. The interest rate on these loans is 1%.
(2) In order to cover the price of garages (both standalone and built into houses), the state savings bank may continue to provide loans due no later than 10 years at an interest rate of 8%.
Land
(1) The National Committee, which has given the cooperative permanent use of the land on which the houses transferred to personal ownership are built, will revoke the contract of permanent use of the land by agreement with the cooperative.
(2) The National Committee shall establish the right of personal use for the land on which the houses are built within 400 sqm of the house free of charge. The national committee shall establish a right of personal use for remuneration for an area exceeding that area. 6)
Payment of state contributions
State contributions returned by cooperatives to the national committees in connection with the transfer of houses from the cooperative to personal ownership (Section 2 (6)) will be carried by the national committees to the budget of the Republic responsible for the place of construction.
Efficacy
This Decree shall take effect on 1 October 1980.
First Deputy Minister of Finance of CSSR:
Ing. locksmith v. r.
Deputy Minister for Finance of the SSR:
Ing. Thunder v. r.
First Deputy Minister of Finance of the Czech Republic:
Zlatílek v. r.
1) Paragraph 11 (1) of Decree No. 137 / 1968 Coll., on financial, credit and other assistance to cooperative and individual housing construction.
2) These are exceptions to the provisions of § 5 (1) (b) of Decree No. 137 / 1968 Coll., authorised by the Ministry of Construction and Technology of the Czech Republic and the SSR on the basis of the authorisation in § 10 (2) of the Decree cited.
3) Directive No 22 / 1977 of the Czech Association of Housing Cooperatives, Directive of the Slovak Association of Housing Cooperatives, No 11 / 1976 of the Bulletin of the SSBD.
4) Paragraph 10 of Decree No. 43 / 1969 Coll. and No. 47 / 1969 Coll., on the prices of buildings in personal ownership and on the compensation for the expropriation of real estate.
5) Article 14 of the Economic Code.
6) Paragraph 11 (1) of Decree No. 43 / 1969 Coll. and No. 47 / 1969 Coll.
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Regulation Information
| Citation | Decree of the Federal Ministry of Finance, the Ministry of Finance of the Czech Socialist Republic and the Ministry of Finance of the Slovak Socialist Republic No. 121 / 1980 Coll., on financial assistance in the transfer of group family houses from cooperative to personal property |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 19.09.1980 |
|---|---|
| Effective from | 01.10.1980 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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