Act No. 126 / 2024 Coll.
Act amending Act No. 211 / 2000 Coll., on the State Fund for Investment Support, as amended, Act No. 283 / 2021 Coll., Construction Act, as amended, and Act No. 151 / 1997 Coll., on the valuation of assets and on the amendment of certain laws (Law on the valuation of assets), as amended
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Effective from 01.07.2024
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01.07.2024
21.05.2024
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126
THE LAW
of 17 April 2024
amending Act No. 211 / 2000 Coll., on the State Fund for Investment Support, as amended, Act No. 283 / 2021 Coll., Construction Act, as amended, and Act No. 151 / 1997 Coll., on the valuation of assets and on the amendment of certain laws (Law on the valuation of assets), as amended
Parliament has decided on this law of the Czech Republic:
Amendment to the State Investment Support Fund Act
Act No. 211 / 2000 Coll., on the State Fund for Investment Support, as amended by Act No. 391 / 2002 Coll., Act No. 482 / 2004 Coll., Act No. 61 / 2005 Coll., Act No. 179 / 2005 Coll., Act No. 71 / 2010 Coll., Act No. 239 / 2012 Coll., Act No. 276 / 2012 Coll., Act No. 111 / 2018 Coll., Act No. 307 / 2018 Coll., Act No. 113 / 2020 Coll., Act No. 261 / 2021 Coll. and Act No. 75 / 2023 Coll., is amended as follows:
1. Paragraph 1 (5) reads as follows:
"(5) The Fund may establish a legal person or acquire a holding in a legal person."
2. In Article 1, at the end of paragraph 7, the words "or book-entry securities' shall be added.
3. In Article 1, the following paragraph 8 is added:
"(8) Under a public contract concluded with the Czech Republic, the Fund may carry out control activities in the field of compliance with the conditions for the provision of services of general economic interest to which the Ministry would otherwise be entitled. Such a public contract shall not require the approval of the superior administrative authority. ';
4. in Article 2 (1) (a), the words "and repayable financial assistance" shall be inserted after the word "subsidy."
5. in Article 2 (1), the following points (j) and (k) are inserted after point (i):
"(j) transactions under public contracts concluded between the Czech Republic and the Fund;
(k) revenue from participation in legal entities, ';
Point (j) shall be renumbered as point (l).
6. Paragraph 3 (1), including footnote 10, reads as follows:
"(1) The funds managed by the Fund can only be used in the Czech Republic for support
(a) the development of housing for the purpose of:
1. acquisition of immovable property intended for the construction or modernisation of an apartment or an apartment building and related housing infrastructure;
2. the construction, acquisition, repair and modernisation of an apartment or a house or family house and the construction or modernisation of related housing infrastructure;
3. financing of the remuneration to the selected supplier under the Act on Public Procurement for the operation and maintenance of affordable and social housing,
4. acquisition of a holding in a legal person with whom the right to rent an apartment or a family home is linked, owned by that legal person,
5. acquisition of apartment equipment,
6. the provision of a long-term vacant flat for hire or hire,
(b) the development of public infrastructure with a view to its construction, repair or modernisation;
(c) construction, repair or modernisation of buildings used for the provision of services in the public interest, including the acquisition of their equipment;
(d) revitalisation of the area with an old construction load;
(e) development of tourism regions;
(f) urban planning, architecture and urban planning for the purpose of:
1. processing of planning documentation or planning documents;
2. the implementation of measures resulting from the territorial development policy (10),
3. implementation of architectural and urban competitions;
(g) the preparation of the land, including the removal of the construction or processing of documentation for the authorisation of the project for the projects referred to in points (a) (2) and (3) and points (b) to (e);
(h) legal, technical or economic advice for the processing of procurement conditions under the Public Procurement Act and for the organisation of procurement procedures under the Public Procurement Act for projects under points (a) (2) and (b) to (e).
10) § 70 of Act No. 283 / 2021 Coll., Construction Act, as amended. '
7. In Section 3 (2) of the introductory part of the provision, the word "State 'is deleted.
8. in Article 3 (2) (d):
"(d) to pay the debts arising from the guarantee provided;"
9. in Article 3 (2), the following point (i) is inserted after point (h):
"(i) to cover transactions relating to the acquisition or ownership of a holding in a legal person;"
Point (i) shall be renumbered as point (j).
10. In Article 3, at the end of paragraph 2, the dot is replaced by a comma and the following point (k) is added:
"(k) to cover instalments, interest and other expenditure on loans, loans and repayable financial assistance received.";
11. in Article 3, paragraph 3 is deleted;
Paragraphs 4 to 8 shall be renumbered paragraphs 3 to 7.
12. in Article 3 (3), the words "points (a), (f) and (h) to (o)" shall be deleted;
13. in Article 3, paragraphs 4 and 5 are deleted;
Paragraphs 6 and 7 shall be renumbered paragraphs 4 and 5.
14. in Paragraph 3 (5):
"(5) Aid under this Act may be granted in the form of a grant, loan or guarantee. Guarantee support may be granted only for part of the outstanding principal of loans granted by credit institutions for support under paragraph 1 (a) (1) and (2). '
15. in Article 3, the following paragraph 6 is added:
"(6) If it is a repayable financial assistance which the Fund has received for the purpose of granting loans, the provider may, in the decision granting the repayable financial assistance, provide that, together with the repayment of the principal, the Fund shall also transfer to the State budget the interest it has received on the loans granted. ';
16. § 4a, including the title reads:
Information system
(1) The information system of the State Investment Support Fund (hereinafter referred to as the Information System) is a public administration information system, the fund's administrator. The information system is used for:
(a) submission of applications for aid;
(b) submission of payment applications, change reports and other actions related to the granting of aid;
(c) service of documents relating to the granting of aid under this Act to the applicant or the beneficiary;
(d) preparation, planning, management, monitoring and reporting and evaluation of the aid during its implementation;
(e) planning and managing the control of the aid granted;
(f) information on the commitments of the beneficiary.
(2) The user accesses the information system using a guaranteed identity access.
(3) The submission of an application for aid can only be made through an information system.
(4) If the document cannot be delivered to the data box, the Fund shall deliver the document by means of an information system, provided that the document referred to in paragraph 1 (c) and (f) is deemed to have been received at the time when the applicant or the person authorised by it enters the information system, having regard to the scope of his authorisation within the information system, has access to the document. If, within 10 days of the date on which the document was inserted into the information system, the applicant or his authorised person has not entered the information system, the document shall be deemed to have been served on the last day of that period; This shall not apply if other legislation excludes replacement delivery. ';
17. in Paragraph 7 (1):
"(1) The exercise of the function of a member of the Committee or of a member of the Supervisory Board shall be incompatible with the function of the Director of the Fund, with an employment relationship or any other similar relationship with the Fund, or with membership in the management or supervisory body of a legal person who has been granted support from the Fund or who requests support from the Fund or who will be contractually involved in the implementation of the purpose for which the aid is requested or has been granted. ';
18. In Paragraph 9 (1), the first sentence is replaced by the following: "The Committee shall decide on the conditions for granting aid by the Fund with the consent of the Government. The Minister shall submit to the Committee a draft of the conditions for granting aid for the purposes set out in Articles 3 (1) and 3 (2) (d) and (f). The conditions for granting the aid may include targeting the aid. ';
19. in § 9 (2) of the introductory part of the provision and in § 9 (3) of the introductory part of the provision, the words "use of funds" are replaced by the words "grant of aid."
20. in Paragraph 9 (4) of the introductory part of the provision, the words "aid in form" shall be inserted after the words "conditions."
21. In Section 9a, the words "funds' are replaced by the words" aid '.
22. In Paragraph 9a (1), the first and second sentences are replaced by the following: "The Fund shall publish an invitation to submit an application for aid on its website for at least 30 days before the end of the period for submission of an application. '
23. in Paragraph 9a (2) (a), the words "permanent address" are replaced by the words "place."
24. in Paragraph 9a (2) (b):
"(b) the name, address and identification number of the applicant, if the applicant is a legal person; and
1. the identification of the person acting on his behalf, indicating whether he acts as a member of the statutory body or on the basis of a mandate;
2. details of the beneficial owner of the legal person under the law governing the registration of beneficial owners; where the applicant is a foreign legal person, he shall provide evidence of his actual owner;
3. identification of all persons in which he has a holding and the amount of that holding; ';
25. in Article 9a (2) (c), the words "or range" shall be inserted after the word "amount."
26. in Article 9a (2) (f):
"(f) the identification of the call on the basis of which the application is submitted;"
27. In Paragraph 9a, the following paragraph 3 is inserted after paragraph 2:
"(3) The aid shall be granted on the basis of a contract concluded between the Fund and the aid applicant. '.
Paragraphs 3 and 4 shall be renumbered paragraphs 4 and 5.
28. In Article 9a (4), the words "grant, loan or guarantee 'are replaced by the words" grant of aid' and the words "Paragraph 3 (5) 'are replaced by the words" paragraph 3'.
29. in Article 9a (5), the words "the appropriations referred to in Article 3 (5)" shall be replaced by the words "the aid referred to in paragraph 3."
30. In Paragraph 9a, paragraphs 6 and 7 are added:
"(6) In the context of the granting of the aid referred to in Article 3 (1), the Fund shall request from the applicant the information and supporting documents necessary to assess its capacity to use the aid economically for the purpose for which it is to be granted.
(7) There is no legal claim for aid. '
31. in Article 11 (1) of the introductory part of the provision and in Article 11 (1) (g), the word "financial" shall be replaced by "cash."
32. in Article 11 (1) (f) and Article 11 (2), the word "funds" is replaced by "aid."
33. In Article 11 (2), the word "withdrawal 'is replaced by" paragraphs'.
34. The following Sections 11a to 11e are inserted after Section 11, including the headings:
Available rental housing
For the purposes of this Act, affordable rental accommodation means rent of an apartment for affordable rent.
Available rent
(1) The available rent does not exceed 90% of the amount of comparable rent customary at a given place or normal rental similar apartments at a given place declared by the Ministry of Finance by the Communication in the Collection of Laws and International Contracts on the date of the first provision of an apartment for affordable rental housing.
(2) If the available rental housing provided by the Czech Republic, its contributory organisation, region, municipality or established or established legal person is available, the available rent may not exceed the rent calculated from the costs associated with the construction or acquisition and operation of the available rental apartment in the first year of its operation, but must be lower than the comparable rent usual at the site or the normal rental of similar apartments at the site declared by the Ministry of Finance by the Communication in the Collection of Laws and International Contracts on the date of the first provision of the apartment for affordable rental housing.
(3) The maximum amount of the available rent referred to in paragraphs 1 and 2 may be adjusted annually, but not earlier than 12 months after the first provision of an apartment for affordable rental housing, by the inflation rate expressed by the addition of the average index of consumer prices for the 12 months of the last calendar year against the average of the 12 months preceding the last calendar year and published by the Czech Statistical Office, but not more than 4%, even in the sum of several years in which the possibility of an annual increase is not used.
(4) The procedure for calculating the rent referred to in paragraph 2 is laid down by the Ministry by decree.
Target groups of available rental housing
(1) Available rental housing may be provided to households whose members are not owners or co-owners of immovable property intended for housing or a share in a legal person with whom the right to use an apartment is associated and whose average net income does not exceed the income of households located in
(a) in the eighth reception decision of all households; or
(b) in the 9th reception decision of all households and members of the household have reached the age of up to 35 years individually.
(2) Furthermore, available rental housing may be provided to households whose members are not in the region in which the available rental housing is provided, owners or co-owners of real estate intended for housing or share in the legal person with whom the right to use the apartment is associated, and whose member is an employee or carries out activities in the fields of health, education, public security, an integrated rescue system, the provision of social services or the exercise of public administration.
(3) Available rental housing can also be provided to households whose member
(a) live with a person who has committed the offence of the nature of the offence of abuse of the entrusted person, of the person living in a common residence, of dangerous threats or of dangerous persecution; and
(b) it is not the owner or co-owner of a immovable property for housing or a holding in a legal person with whom the right to use an apartment is linked or, although it is the co-owner, owns the property together with the person who committed an act of the nature referred to in (a).
Hire contract for affordable rental housing
(1) A lease contract covering the provision of affordable rental housing is concluded for a fixed period of at least 1 year but not more than 2 years. When the lease period is extended, or if the new lease contract is concluded with the same lessee, the lease period shall be for a fixed period of 2 years.
(2) The households referred to in Article 11c (3) may be provided for a maximum period of 3 years.
(3) Where all members of the household are over 70 years of age, a lease may be concluded for a fixed period of more than 2 years or for an indefinite period.
(4) Within 30 days of receipt of the letter of invitation, the lessee shall demonstrate to the lessor that it fulfils the conditions for the provision of affordable rental housing pursuant to § 11c. A written notice shall be sent to the lessee at least 6 months before the end of the lease period.
Determination of derogation conditions
In the conditions for granting the aid by the Fund pursuant to Article 9,
(a) extend the range of persons who are obliged to provide the available rent up to a maximum in accordance with Paragraph 11b (2);
(b) determine the maximum amount of available rent under Paragraph 11b (2) for which the Fund grants aid;
(c) reduce the maximum permissible amount of rent adjustment;
(d) not to allow a contract higher than the available rent for an individual apartment; or
(e) narrow down the target groups of available rental housing. ';
Transitional provisions
1. Until the date on which the scope of access will be amended in accordance with the procedure laid down in Article 54 (7) of Act No. 111 / 2009 Coll., on basic registers, as amended, the Fund shall be entitled to access data held in basic registers or agendas of information systems to the extent and under the conditions in which it was entitled to access them before the date of entry into force of this Act.
2. Legal relations arising under Act No. 211 / 2000 Coll., as effective before the date of entry into force of this Act, and the legal acts and consequences arising therefrom shall be assessed under Act No. 211 / 2000 Coll., as effective before the date of entry into force of this Act.
3. The conditions for the use of funds laid down in the Government Regulations issued pursuant to Act No. 211 / 2000 Coll., as effective before the date of entry into force of this Act, shall be deemed to be the conditions for granting the aid laid down in accordance with the procedure of this Act until they are replaced by the procedure laid down in Section 9 of the Act No. 211 / 2000 Coll., as effective from the date of entry into force of the Act. The amendment of the terms of use of the funds according to the first sentence can only be done by issuing new terms for granting the aid in accordance with the procedure laid down in Section 9 of Act No. 211 / 2000 Coll., as effective from the date of entry into force of this Act; the new conditions for granting the aid are applicable to legal relations governed by the terms of use of the funds in accordance with the first sentence.
Amendment of construction law
Act No. 283 / 2021 Coll., Construction Act, as amended by Act No. 195 / 2022 Coll., Act No. 152 / 2023 Coll. and Act No. 465 / 2023 Coll., is amended as follows:
1. At the end of § 13, the dot is replaced by a comma and the following point (q) is added:
"(q) a house for affordable rental housing, for which a planning contract for affordable rental housing is concluded, or which is defined as a house for affordable rental housing in a regulatory plan issued by the municipality, which is a builder."
2. In Article 34a (2), the words "house of residence," "and water" shall be replaced by the words "water," the words "including buildings forming a set of buildings with them" shall be replaced by the words "and a set of buildings of which these projects are part" and the words "shall be added at the end of the text of the paragraph; Article 37 (3) shall not apply to the determination of the competence of the building office."
3. In Paragraph 86, the following paragraph 5 is inserted after paragraph 4:
"(5) The regulatory plan may define the construction of a house for affordable rental housing, including the determination of the proportion of flats intended for affordable rental housing. '
Paragraph 5 shall become paragraph 6.
4. In Paragraph 101 (2), at the end of the first sentence, the words "as referred to in paragraph 1 'shall be added.
5. In the second sentence of Paragraph 101 (2), the word "Time limit 'is replaced by" No change to the zoning plan'.
6. In Paragraph 101 (2), the last sentence is deleted.
7. In Paragraph 101, the following paragraph 3 is inserted after paragraph 2:
"(3) If, within the period referred to in paragraph 2, the superior authority has not applied the opinion in the first sentence or in the extended period, the principles of territorial development or the territorial plan may be adopted without its opinion. ';
Paragraph 3 shall become paragraph 4.
8. In the first sentence of Paragraph 103 (3), "100 'is replaced by" 99'.
9. Paragraph 103 (5) reads as follows:
"(5) Within 15 days of the date of repeated public consultation, the opinion shall be delivered by:
(a) the competent authority for the substantial modification of the draft territorial development plan, the principles of territorial development and the territorial plan; for its content, the procedure for its non-publication within the time limit and for the determination of the compensatory measures shall be treated mutatis mutandis in accordance with Article 100 (2) to (4); and
(b) a superior authority to make substantial adjustments to the draft principles of territorial development and the zoning plan; for its content, the procedure for its non-publication within the time limit set and in the event of a deficiency warning shall be treated mutatis mutandis in accordance with Article 101 (2) to (4). ';
10. In Article 130, the following paragraph 3 is added:
"(3) The municipality, the municipality of the capital of Prague or the region shall immediately send a closed planning contract to the competent zoning authority to ensure that it is inserted into the national zoning geoportal. If the planning contract is terminated, the municipality, the municipality of the capital city of Prague or the region shall communicate this fact to the zoning authority, which shall ensure that it is released from the national zoning geo-portal. '
11. In Part Six, Title III, Part 2 is inserted after Part 1, including the headings:
Special provisions on the procedure for authorising the house's design for affordable rental housing
Application for authorisation of house design for available rental housing
(1) If the construction company is not a municipality, the planning contract for affordable rental housing is also included in the application for authorisation of the house's intention for affordable rental housing, the municipality in whose territory the project is to be carried out, which includes:
(a) an obligation on the builder to provide from the legal power of a housekeeping decision authorising the use of a house for affordable rental housing for at least 20 years at least 80% of the floor space used for affordable rental housing under the State Investment Support Fund Act;
(b) an undertaking by the builder that, for the duration of the planning contract for available rental housing without the consent of the municipality, the dwelling will not be burdened or foreign;
(c) the negotiation of the available rent and the way in which it is increased in accordance with the Act on the State Fund for Investment Support;
(d) an arrangement on the duration of a planning contract which may not expire before 20 years after the legal power of the approval decision authorising the use of a house for affordable rental housing;
(e) an undertaking by the builder to allow control of the obligations arising out of the planning contract for affordable rental housing;
(f) an undertaking by the contractor to pay a contractual fine equal to 12 times the maximum monthly available rent per m2 multiplied by the number of m2 of the floor area of the house for available rental housing, for infringement of any obligation arising from the planning contract in respect of the provision of available rental housing, for each individual infringement, unless the contracting parties agree to a higher fine.
(2) When authorising the design of a house for affordable rental housing, the construction office shall verify that the planning contract contains the arrangements referred to in paragraph 1 (a), (b) and (d).
Assessment of house design for affordable rental housing
There is no need for the consent of the owner pursuant to § 187 for the purpose of the house for affordable rental housing. "
12. In Article 316 (4), the words "the Ministry or" shall be replaced by the words "the Ministry, the Regional Office," and the words "planning" shall be inserted after the word "the municipal office" or at the municipal office pursuant to Article 6 (2) of Act No. 183 / 2006 Coll. ';
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Regulation Information
| Citation | Act No. 126 / 2024 Coll., amending Act No. 211 / 2000 Coll., on the State Fund for Investment Support, as amended, Act No. 283 / 2021 Coll., Construction Act, as amended, and Act No. 151 / 1997 Coll., on the valuation of assets and on the amendment of certain laws (Law on the valuation of assets), as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 21.05.2024 |
|---|---|
| Effective from | 01.07.2024 |
| Effective until | - |
| Status | Valid |
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