Decree of the Federal Ministry of Finance, Ministry of Finance of the Czech Socialist Republic, Ministry of Finance of the Slovak Socialist Republic and President of the State Bank of Czechoslovak No. 136 / 1985 Coll.
Decree of the Federal Ministry of Finance, the Ministry of Finance of the Czech Socialist Republic, the Ministry of Finance of the Slovak Socialist Republic and the President of the Czechoslovak State Bank on financial, credit and other assistance to cooperative and individual housing construction and modernization of personal family houses
Valid
Effective from 01.01.1986
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136
DECLARATION
Federal Ministry of Finance, Ministry of Finance of the Czech Socialist Republic, Ministry of Finance of the Slovak Socialist Republic and President of the Czechoslovak State Bank
of 16 December 1985
on financial, credit and other assistance to cooperative and individual housing construction and modernisation of private-owned family houses
Federal Ministry of Finance under § 391 (1) of the Economic Code No. 109 / 1964 Coll., in the full version published under § 45 / 1983 Coll., in § 28 (d) and (e) of the Act No. 134 / 1970 Coll., on the rules of the State Budget of the Czechoslovak Federation and on the principles of management of the State Budget of the Federation and Republics and § 508 (1) of the Civil Code No. 60 / 1983 Coll., on the State Budget of the Czech Socialist Republic and on the Finance Act No. 70 / 1983 Coll., on the State Budget of the Czech Socialist Republic, and on the Management of the Slovak National Budget Act No. 32 / 1971 Coll., and § 508 (1 of the Civil Act No. 40 / 1964 Coll.
SUBJECT MATTER AND SCOPE OF THE ADJUSTMENT
(1) This decree provides for the provision of financial, credit and other assistance to:
(a) housing by building housing cooperatives ("cooperative") in the case referred to in Article 2 (1) (b) ("cooperative housing");
(b) individual housing construction carried out by citizens or for the construction of a cooperative which is intended to transfer to the personal ownership of their members ("individual housing construction").
(2) The Decree applies to cooperative housing construction initiated according to the registration in the building diary from 1 August 1992 and to individual housing construction initiated under the building permit issued from 1 August 1992.
(1) Cooperative housing construction for the purposes of this Decree means:
(a) building of an apartment building, (2) which must have at least 2 living floors, a common staircase, at least 4 apartments all accessible from the common corridors or subways and from the common entrance;
(b) the setting-up of flats by modification of non-residential premises, superstructures or incorporation into soil spaces in legal entities;
(c) building modifications of housing houses of cooperatives with category III and IV flats to flats of category I or II, (3) or building modifications of non-residential buildings of cooperatives to housing houses [point (a)].
(2) Individual housing construction for the purposes of this Decree means:
(a) the construction of a family house with at least two-thirds of the floor area of all the rooms belonging to the apartments and in which there are no more than five living rooms, not including the kitchen; a larger number of living rooms may be provided if the aggregate of their floor area does not exceed 120 m2; only areas by which the area of the kitchen exceeds 12 m2 (hereinafter referred to as the "family house ') are included in this total;
(b) the construction of a residential house with apartments owned; 5)
(c) a change in the construction of a family house which, without the use of existing living rooms, will be acquired a new separate apartment without losing the character of a family house;
(d) a change of building other than a residential building into a family house to obtain a new separate apartment;
(e) the establishment of flats in own44) by modifications to non-residential spaces or superstructures or, where appropriate, by buildings in residential housing in own44).
_
Conditions for providing assistance
(1) Assistance under this decree shall be granted to cooperatives for construction included in the lists of buildings of cooperative housing approved by the county authorities, which is ready for project, contracted and authorised for construction. Lists of building buildings of cooperative residential construction in the Czech Republic or in the Slovak Republic are approved by the district authorities after prior approval of the Ministry of Finance of the Czech Republic or the Ministry of Finance of the Slovak Republic.
(2) The financial and credit assistance provided for in this Decree may be granted only if the cooperative entity undertakes to finance the cooperative housing construction, the cost of the housing and the sources of funding to be allocated and the amount of remuneration for the use of the apartment is determined in accordance with the special regulation.6) For cooperative flats initiated before 1 March 1991, the construction of which has been granted financial, credit and other assistance under the previously applicable rules, the conditions for financing of the cooperative housing construction, the distribution of the purchase costs and the sources of cover and the amount of remuneration for the use of the apartment for which the financial and credit assistance have been granted must be respected mutatis mutandis.
State contributions
Basic contribution
(1) The basic contribution is 11 100 Cds for each apartment without account being taken of its size and 1200 Cds for 1 m2 of utility flat 7) flats in the house up to 94 m2 area for individual flats (hereinafter referred to as "utility area").
(2) If the cooperative sets up the housing as referred to in § 2 (1) (b) or (c), the contribution referred to in paragraph 1 may not exceed 60% of the budgetary costs incurred in the construction process as referred to in § 2 (1) (c) by the acquisition price of the building.
Special allowances
(1) In addition to the basic contribution provided for in Article 4, a specific contribution shall be granted per m2 of the area of use for the construction of housing houses.
(a) by 4 or 9 to 12 residential floors (hereinafter referred to as "floors") in the amount of 240 CZK;
(b) three floors in the amount of 470 Kčs,
(c) 2 floors in the amount of 670 CZK.
(2) A floor (above and below ground) in which the flat area exceeds 50% of its total area shall be regarded as a living floor for the purpose of determining the specific contribution referred to in paragraph 1.
(3) A special contribution of 200 Kcs per m2 of utility space shall be granted for the setting-up of flats in the soil. If apartments are set up by superstructures, a special contribution of CZK 430 per m2 of utility area shall be granted.
(4) In addition, a special contribution shall be granted to cover the increased costs of the construction of cooperative flats resulting from the special treatment of the flat for disabled persons or other equipment caused by the general need, provided that the construction of such equipment has been imposed on the cooperative on the basis of specific legislation. 7a)
(5) The costs associated with the construction of the basic technical equipment not included in the budget costs of the housing house, 8) which are acquired by the cooperative in connection with the construction of the housing house and which remains the property of the house shall be granted a special contribution equal to the costs associated with its acquisition.
Procedure for granting State contributions
(1) State contributions to cooperative housing construction are provided to the cooperative at the construction site of the Czech Republic by the district office responsible for the construction site (the Municipality Office of the capital of the Czech Republic Prague), 10) for the construction site in the Slovak Republic by the district office in the seat of the district office responsible for the construction site 10a) (hereinafter the "competent office") from the resources provided by the state budget of the relevant Republic.
(2) The granting of State aid is decided by the competent authority11) at the request of the cooperative, which the cooperative usually submits no later than 30 days before the planned start of construction. The application shall indicate and document all facts relevant to the determination of the amount of the basic or, where applicable, the specific contribution.
(3) The contributions shall be transferred by the competent authority to the account of the State contribution to the housing cooperatives of the Consolidated Bank of Prague, p. The Bank shall not transfer the contributions to the investment account of the cooperative until its own funds have been exhausted by the cooperative for construction.
(4) If, following the granting of State contributions to the modification of the project documentation affecting their size, the cooperative is obliged to notify the competent authority without delay, or to request an adjustment to the amount of State contributions.
(5) The special contributions provided for in Article 5 (4) and (5) shall be granted in advance on the basis of budget or, where appropriate, economic contracts; their final amount shall be determined on the basis of the actual costs after completion of the construction. The necessary documents, in particular the original budget and the final invoice, including the necessary specification, shall be submitted by the cooperative to the competent authority within 3 months of the approval decision.
(6) If the construction to which State contributions have been granted does not result, or if the purpose of using the building or its ownership is changed, the cooperative is obliged to repay the State contributions. Their return shall be decided by the competent authority. 11) The refund shall be made by the competent authority to the national budget of the Republic concerned. Similarly, the cooperative is obliged to repay the State contributions if the conditions or special arrangements are not complied with, 6a) under which the financial assistance was granted.
Loan for cooperative housing construction
Conditions and amount of credit
(1) The Bank provides a loan for cooperative housing on condition that the financing of the construction is provided by its own funds of the cooperative for construction (hereinafter referred to as the "membership shares") to an extent equivalent to at least 26% of the basic contribution granted under Paragraph 4. In addition, the conclusion of a loan agreement is subject to the provision of a loan by a contract between the bank and the cooperative establishing a lien. 11a)
(2) The Bank provides a loan up to the total budgetary cost of the housing house reduced by the cost of built-in non-residential equipment (hereinafter referred to as "housing construction costs"), the uncovered contributions referred to in paragraphs 4 and 5 and the members' shares referred to in paragraph 1, but up to a maximum of 15 000 CZK for each apartment without regard to its size and 1000 CZK per square metre.
(3) The Bank may refuse the loan to the costs incurred by the non-economic solution or construction.
(4) Where the contributions referred to in paragraphs 4 and 5, the credit referred to in paragraph 2 and the membership shares referred to in paragraph 1 do not cover the full cost of the construction of the housing, the members' shares shall be increased above the minimum threshold laid down in paragraph 1 so that the costs of the construction of the housing are fully covered.
(5) The loan is granted with a maturity of up to 40 years; This period shall be calculated from the completion of the construction, but no later than two years after the construction begins, for self-supporting construction from the three years after the construction begins. The loan pays interest of 1%.
Provision and repayment of credit
(1) The bank provides a loan at the request of the cooperative submitted before construction. With the application, the cooperative shall submit the decision of the competent authority in accordance with Article 6 (2). The credit agreement between the bank and the cooperative shall specify more detailed terms and conditions for the drawing and repayment of the loan.
(2) The cost of construction is paid from the loan only after the members' shares have been exhausted, or part thereof, which is not contractually guaranteed by the personal or in-kind performance of the members of the cooperative and the contributions granted to the cooperative pursuant to § 4 and 5. The cooperative shall be obliged to transfer the members' shares, or part thereof, which is not contractually guaranteed by the personal or in-kind performance of its members to its investment account with the bank before the construction begins.
(3) The loan is repaid by the same half-yearly instalments including interest.
Other assistance for cooperative housing
Assistance to local authorities
The costs of building the buildings of the basic technical equipments of residential construction, 12) including the connection of the cooperative's housing house to the public network of such facilities, can be paid by the municipality from its revenue and, where appropriate, from the resources provided by the state budget of the respective Republic.
Loans from state savings banks
A loan of up to 10 years may be granted by the State Savings Bank to a member of the cooperative for the composition of a member's share of the cooperative's flat; the interest rate on the loan is 2,7%.
Bank control
(1) The Bank carries out the financing of cooperative housing and carries out a random economic control of the construction and management of the cooperative. 28)
(2) The cooperative submits financing documents to the Bank, 29) where appropriate, additional documents requested by the Bank.
INDIVIDUAL BUILDING
Contributions
Conditions for granting contributions
A citizen who is a builder (the builder) or a member of a cooperative through which he ensures the construction of a family house (the cooperative member) may be granted a State contribution only on condition that:
(a) the construction was started on the basis of a building permit, 30)
(b) the building meets the conditions laid down in the technical regulations and a separate apartment will be furnished for at least 3 persons, 2)
(c) no approval decision has yet been given for the construction;
(d) neither the builder nor his husband or, where appropriate, the cooperative member nor his spouse has yet received non-refundable financial assistance for the composition of the member's share of the cooperative building or acquisition or modernisation of the family home or home in possession of the property (44), or a one-off allowance for the replacement housing arrangements; where the aid has been received, the State contribution may be granted if it has been repaid; it is not decisive whether such aid has been granted under this Decree, other regulations or previously applicable rules,
(e) in the case of construction secured by the cooperative, the cooperative shall issue the member with a certificate indicating the place of construction, the date of issue of the building permit, the building office which issued it, as well as the detailed characteristics of the object which it builds for the member, enabling the cooperative to determine the amount of the contribution; the consent of the cooperative to the establishment of a lien under § 17 (6) (a) is included in the certificate.
State contributions
(1) The construction workers and members of the cooperative referred to in § 16 may be granted a State contribution of up to 50 000 Kcs for individual housing construction.
(2) The State contribution referred to in paragraph 1 may be increased:
(a) up to 10 000 CZK, if construction is carried out on land with difficult foundation conditions, 32)
(b) a total of up to 10 000 CZK for:
1. construction of a water supply connection, 32a) if a single source of drinking water is obtained by the connection and the construction office has stored or designated the connection under the conditions of the building permit, 32b)
2. the establishment of a well as a single source of drinking water in case the object cannot be connected to a public water pipeline and the establishment of a well is permitted by the water authority;
3. the construction of a sewer connection, 32a) if the construction office has stored or designated this connection under the conditions of the building permit, 32b)
4. Establishment of septic tank or similar sewage plant to remove waste water from the building if their construction is in accordance with the building permit, 32b)
(c) a total of up to 8 000 CZK for:
1. the establishment of a domestic sewage treatment plant built in connection with individual housing construction;
2. the installation of a solar energy heating and heating system (system and solar collector) in a built-in building as part of a heating and heating system in the residential building, if the gross surface of the solar collector 32c is at least 8 m2,
The increases referred to in points (a) to (c) may be added when the conditions laid down are met.
(3) The condition of granting the State contribution to the builder (builders - spouses) under paragraphs 1 and 2 is that the builder undertakes in the contract:
(a) to carry out the construction in accordance with the building permit 32d) in such a way that the conditions set out in Paragraph 16 (b) are met;
(b) to complete the construction in such a way that the approval decision becomes final within 10 years of the date of conclusion of the State grant contract (Paragraph 18), unless a longer period is agreed in justified cases;
(c) a family house or an apartment owned by the owner44) for a period of 10 years from the conclusion of a State grant contract (Paragraph 18), but not less than 8 years from the approval, do not transfer 32e) without the consent of the competent authority32ea) to another and to use it for permanent residence until the end of the period;
(d) to repay the State contribution in the event of failure to comply with any of the commitments to which it has undertaken (points (a) to (c)), and in the event that, before the expiry of the period laid down in point (c), the family house or apartment in ownership (44), or before the expiry of the period laid down in point (c), it ceases to be the owner of the home or apartment in possession (44).
(4) The condition of granting the State contribution to the builder pursuant to paragraphs 1 and 2 is that
(a) establish a lien on real estate, 32f) to which, in the event of an obligation to repay the State contribution, the repayment of that contribution will be ensured;
(b) agrees that the State contribution will be paid to an interest-free account (Paragraph 21 (1)) only after the deposit of the lien in the property register.
(5) The condition for granting a State contribution to a member of a cooperative referred to in paragraphs 1 and 2 shall be that the member of the cooperative undertake in the contract:
(a) until the transfer of the family home to which the State contribution has been granted to it, remain in personal ownership as a member of the cooperative;
(b) conclude a contract with the cooperative for the transfer of the family home to personal property no later than six months after the approval;
(c) the transferred family house within 10 years of the conclusion of the State grant contract (Paragraph 18), but at least 8 years after the transfer to personal ownership from the cooperative, do not transfer 32e) without the consent of the competent authority to another and use it for permanent residence until the end of that period;
(d) to repay the State contribution in the event of failure to comply with one of the commitments to which it has committed itself [points (a) to (c)], and in the event that, before the expiry of the period laid down in point (c), the family house transferred from the cooperative intends to transfer to another or before the expiry of the period laid down in point (c), it ceases to own that family house.
(6) The condition for granting a State contribution to a member of a cooperative referred to in paragraphs 1 and 2 shall be that the member of the cooperative:
(a) establish a lien on real estate, 32f) to which, in the event of an obligation to repay the State contribution, the repayment of that contribution will be ensured;
(b) agrees that the State contribution will be paid to the relevant cooperative account with the bank (Paragraph 21 (1)) only after the deposit of the lien in the property register referred to in (a).
(7) If several builders jointly implement the construction of a family house with several apartments, the State contribution referred to in paragraphs 1 and 2 may be granted to each of them; the number of state contributions may not exceed the number of flats built. Only one State contribution may be granted to spouses. Those conditions shall apply mutatis mutandis to members of cooperatives.
State grant contract
(1) The State contribution referred to in Article 17 (1) and (2) shall be granted on the basis of a written contract concluded by the competent authority with the builder or member of the cooperative. If the contribution is granted for the duration of the marriage pursuant to Paragraph 17 (1) and (2), the contract shall be concluded with the two builders - spouses or members of the cooperative - spouses. The contract may be concluded with a member of the cooperative only if he submits a written confirmation containing the undertaking of the cooperative
(a) to secure the conditions set out in paragraphs 16 (a) and 16 (b);
(b) carry out construction in accordance with the building permit;
(c) offer a family house for the transfer to the cooperative's personal ownership no later than three months after the approval;
(d) immediately notify the competent authority of the transfer of the family home from the ownership of the cooperative to the personal ownership of the member of the cooperative;
(e) use the resources of the State contribution transferred to the relevant cooperative account with the bank only to cover construction costs.
(2) The competent authority shall send to the branch of České spořitelna, a. s., the contract concluded in accordance with paragraph 1, responsible for the place of construction (hereinafter referred to as "the savings bank").
(3) The competent authority shall monitor compliance with the terms of the contract and, in the event of a breach, request the repayment of the State contribution without delay. The repayment of the State contribution shall be made by the competent authority to the State budget through the savings bank.
(4) Repayment of a State contribution granted to builders - spouses or members of a cooperative - to spouses is not required where the obligations which the builders - spouses or members of the cooperative - have undertaken in the contract for the grant of the State contribution are fulfilled by at least one of them.
(5) If, after the termination of the marriage or agreement of the spouses, 32g) becomes the owner of the family home or apartment in possession, the spouse of the contractor with whom a State grant agreement has been concluded shall not be required to repay the State grant if the owner of the family home or apartment owned by a written contract undertakes to comply with the conditions set out in Article 17 (3) by the end of the original period laid down in the contract of grant, and if, by analogy with the competent authority, he enters into a lien-lien agreement pursuant to Article 17 (4). The request for reimbursement of the State contribution granted to the cooperative member shall be treated mutatis mutandis.
Payment and use of state contributions
(1) On the basis of a State contribution contract concluded under Paragraph 18 and a registered lien contract within the meaning of Article 17 (4) or, where applicable, of a contract concluded under Paragraph 17 (6), the Sparkasse KölnBonn will pay the State contribution to the non-interest-bearing account of the builder, which is set up without a citizen's order; if the citizen carries out the construction of the family house as a member of the cooperative, the savings bank shall pay the State contribution to the relevant cooperative account with the bank.
(2) State contributions shall be paid from the special-purpose subsidy for individual housing contained in the State budgets of the Republics. The sums paid for the non-interest-bearing accounts of the builders or, where applicable, the cooperative accounts shall be settled by the savings bank with the relevant Ministry of Finance for special-purpose subsidies.
(3) The funds in the interest-free account can only be used by the builder to cover the costs associated with the construction. The savings bank shall proceed in the discharge of these funds in a similar manner to the payments it provides from residential loans. In the case of members of cooperatives, State contributions shall be credited to cover the price of the transfer of the family home from the ownership of the cooperative to the ownership of the citizen.
(4) If the funds in the non-interest-bearing account of the builder are not used in accordance with paragraph 3, they may be used to repay the State contribution and to repay the loan granted to the savings bank under Paragraph 22. Unused funds shall be returned by the savings bank to the state budget of the Republic up to the amount of the State contribution granted. In the case of State aid granted to a cooperative member, the cooperative shall proceed mutatis mutandis.
(5) Where at least 5 years have elapsed since the legal power of the approval decision for individual housing construction referred to in Article 2 (2) or the building permit has expired as a result of the non-opening of the construction within the prescribed or permitted period, 32h) the savings bank may cancel the interest-free account referred to in paragraph 1. Paragraph 4 shall apply mutatis mutandis. The savings bank shall inform the competent authority in writing of the cancellation of the interest-free account and of the return of the State contribution or of any part thereof to the State budget referred to in paragraph 4.
Loans and loans for individual housing construction
(1) The savings bank may grant a loan to individual housing builders up to a maximum of CZK 250 000, when building a family house with two or more apartments up to a maximum of CZK 300 000. If more than one builder is involved in the construction, the sum of the loans granted may not exceed those upper limits.
(2) The maturity of the loans is a maximum of 40 years from the issue of the building permit. The interest rate on the loan is 2,7%.
(3) For members of cooperatives, the loans referred to in paragraphs 1 and 2 shall be used to pay the price of the family home when it is transferred from ownership of the cooperative to the ownership of the citizen.
(4) If the construction of a family house is carried out by a cooperative [Paragraph 1 (1) (b)], the bank may grant it a loan. The bank's lending is linked to the previous use of the cooperative's own funds for the construction and state contribution granted under § 17.
(5) The interest rate on the loan is 2,7% if the cooperative is building a family house.
(6) The loan is granted for the construction period determined by the construction office. The loan is payable on a one-off basis when the family home is transferred from the ownership of the cooperative to the ownership of the citizen.
Other construction aid
The costs associated with the establishment of access communications to the land, including the pavement and the extension of the facilities for the public distribution of electricity, or water, gas, sewerage and heat, shall be borne by the municipal authority (for buildings in ČSR also by the district office) from the resources provided from the state budget of the Republic concerned and, where appropriate, from its revenue 34a).
Construction Construction Construction Association
If construction workers join a cooperative for the construction of family houses, they are covered by the aid to the extent provided for in this decree for individual housing construction. The construction contributions provided for in Section 17 and the savings bank loan provided for in Section 22 may be transferred to the interest-free account of the cooperative for the construction of family houses at the savings bank. Paragraph 21 (3) to (5) applies mutatis mutandis to the use of these funds; the mobilisation of funds may be linked by the savings bank to the prior use of the cooperative's own funds.
PROVISIONS COMMON AND FINAL
Loan for larger repairs and construction of cooperative housing houses
(1) The Bank may grant a loan to the cooperative for the execution of the necessary material and capacity-guaranteed larger repairs and building modifications of cooperative housing houses with a maturity of up to 10 years. The loan pays interest of 1%.
(2) The loan is repaid by the same half-yearly instalments including interest. The first half-yearly payment shall be due no later than the end of the half-year following the date of the planned completion of the event.
Other savings banks' loans
For more expensive repairs, replacement of structures, construction arrangements, in particular the modernisation of family houses and residential homes with owners of apartments (44) and the reimbursement of obligations arising from contracts under Paragraph 18 (1), the savings bank may grant a loan with a maturity of up to 10 years, unless a longer period is agreed in justified cases. The interest rate on the loan is 2,7%.
Derogations and derogations
(1) In justified cases, derogations from the provisions of Paragraph 17 (1) may be provided for on a proposal from the competent authority, 32ea) in the City of Prague, where appropriate, for individual cases. On a proposal from the competent authority in the City of Prague, a derogation from the provisions of § 18 (3) may be granted, if not for the cases referred to in § 18 (4) and (5). Derogations from § 17 (1) and from § 17 (1) and Article 18 (3) may be permitted by the competent Ministry of Finance. In the event that the condition set out in Section 16 (a) has not been met as a result of maladministration on the part of the construction office and the construction has been subsequently authorised, 34b) the competent Ministry of Finance may, on a proposal from the competent authority, authorise an exemption from Section 16 (a).
(2) At the request of the cooperative, the State Bank of Czechoslovakia may authorise an exemption from the provisions of Sections 7 (2), 8 (2) and 31 (2).
Transitional provisions
(1) For cooperative housing construction started before 1 August 1992 and for individual housing construction authorised before 1 August 1992, the existing rules shall apply; for cooperative housing, taking into account the special arrangements referred to in paragraphs 2, 3, 4, 6, 10, 11 and § 34a and for individual housing, taking into account the special arrangements referred to in paragraphs 5, 7 to 15 and § 34a. For the modernisation of family houses authorised before 1 August 1992, the rules in force at the time of the issue of the building permit shall apply, taking into account the special arrangements referred to in paragraphs 10, 11 and 34a.
(2) In the case of cooperative housing construction started before 1 January 1986, the bank may, at the request of the cooperative, extend the maturity of the loan to 40 years if the loan corresponding to 1 m2 of the commercial area of the apartment exceeds 1000 Kčs.
(3) Where, in the case of cooperative housing construction, the competent authority has decided before 1 July 1989 to grant State aid under the rules in force until 30 June 1989, the competent authority shall decide, on the request of the cooperative, to grant or, where appropriate, to refund the difference between state aid granted under the rules in force until 30 June 1989 and State aid under the existing rules. Article 6 (2) and (3) shall apply mutatis mutandis.
(4) For cooperative housing construction on 1 January 1989, the competent authority shall decide, on the basis of the documents submitted by the cooperative until 31 October 1989, to grant the entire difference resulting from the adjustment of the balance of budgetary costs on 31 December 1988 as a result of changes in wholesale prices on 1 January 1989.35) Paragraph 6 (2) and (3) shall apply mutatis mutandis.
(5) Where, for the individual housing construction referred to in § 2 (2) (a) meeting the conditions set out in § 16 (a) and (b) for which a building permit was issued from 1 January 1986 to 30 June 1989, a clearance decision has been issued which has acquired legal power since 20 April 1989 and the period between the acquisition of the legal power of the approval decision and the acquisition of the relevant building permit has not exceeded 36 months, the competent authority will grant a contribution to the builder for the accelerated completion of the construction of 20 000 Kčs. In the event that the period specified in the previous sentence has not exceeded 24 months and the approval decision has acquired legal power by 31 December 1990 at the latest, the contribution for the accelerated completion of the construction shall be increased to 25 000 CZK. Paragraphs 17 (7) and 25 (2), (3) and (4) shall apply mutatis mutandis.
(6) In the case of cooperative housing construction started from 1 January 1991 to 1 March 1991, financial, credit and other assistance under existing regulations shall be granted only if the construction (building) was included at least in the first phase of complex housing schemes approved in 1990. Paragraph 5 (9) shall apply mutatis mutandis.
(7) In the case of individual housing construction started on the basis of a building permit issued from 20 November 1964 to 31 December 1985, for which a housebuilding decision has not yet been issued, a State contribution may be granted to a citizen who became a construction37) after 1 January 1982, in accordance with the provisions of Paragraph 17 (1) of this Decree, up to 40 000 CZK, if the other conditions laid down in this decree are met. Paragraph 17 (2) of this Decree cannot be applied. Provisions previously in force (38) on the provision of stabilising contributions, interest-free loans and, where appropriate, price compensation contributions, shall not apply after the effectiveness of this decree.
(8) For individual housing construction started on the basis of a building permit issued from 20 April 1989 to 30 June 1989,
(a) for which a State contribution has not been granted under the present provision, the provision of a State contribution and a stabilisation contribution shall be governed by this decree;
(b) for which a State contribution has been granted or, where appropriate, a stabilisation allowance as referred to in Article II (2), (3), (4) and (5) of the present Regulation, the State contribution may not be increased in accordance with the provisions of Article 17 (2) (a), (c) and (f) of the present Regulation following the effectiveness of this Decree;
(c) for which a State contribution has been granted or, where appropriate, a stabilisation allowance within the meaning of (a) or (b), the provision of a contribution for the speedy completion of the construction of the provisions of Paragraph 25 of the present Regulation shall apply; the provisions of paragraph 5 shall not apply.
(9) For individual housing construction started on the basis of a building permit issued from 1 July 1989 to 1 March 1991,
(a) for which a State contribution has not been granted under the present provision, the provision of a State contribution and a stabilisation contribution shall be governed by this decree;
(b) for which a State contribution has been granted under the present Regulation, the State contribution may not be increased in accordance with the provisions of paragraphs 17 (2) (a), (c) and (f) of the present Regulation following the application of this Decree.
(10) Legal persons who have concluded contracts with their staff
(a) the stabilisation allowance or the stabilising loans and, where appropriate, the interest-free loans for the composition of the member's share of the cooperative's flat;
(b) the stabilisation allowance or, where appropriate, interest-free loans for individual housing construction; or
(c) modernisation allowance
(39) they do not require the return of the stabilization allowance in the event that the worker, as a result of an accident at work for which the legal person is responsible, or as a result of an occupational disease, dies or becomes disabled, or that the worker becomes permanently unfit for work as a result of his or her medical condition as a result of an occupational disease or a threat to an occupational disease, 40) or an occupational accident for which the legal person is responsible, or any other disease arising or significantly deteriorating from the effects of the working environment. If a failure to comply with the stabilisation obligation has resulted from organisational changes, legal entities may proceed mutatis mutandis. In other cases of non-compliance with the stabilising obligation, a stabilising allowance or a stabilising loan or, where appropriate, an interest-free loan for the composition of a member's interest in a cooperative flat, or a stabilising allowance or an interest-free loan for individual housing construction or a modernisation allowance may be waived after consultation with the relevant trade union authority. However, the condition that a citizen of a family house (the residential part of the agricultural estate, the owner's apartment) does not transfer to another and will use it for permanent housing must be fulfilled and its performance monitored until the end of the originally contracted period of the stabilization commitment, except in cases of death of the builder. In the case of contracts for the provision of a stabilisation allowance or a stabilising loan or, where appropriate, an interest-free loan for the composition of a member's share of the cooperative's flat, compliance with the conditions of membership of the cooperative and use of the cooperative's flat shall apply mutatis mutandis.
(11) Paragraph 10 shall also apply to legal ratios arising from 1 January 1990.
(12) Individual housing construction started on the basis of a building permit issued from 20 April 1989 shall be treated in accordance with Paragraph 18 (4).
(13) In the case of individual housing construction started on the basis of a building permit issued from 20 April 1989, a lien may be established to ensure the repayment of the granted State contribution to a property other than that for which the State contribution was granted.
(14) If, for individual housing construction started on the basis of a building permit issued from 20 April 1989, or if the conditions of the State grant contract have been infringed by failing to respect the construction period referred to in Article 17 (3) (b), but the approval decision becomes legal within 13 years of the date of conclusion of the contract at the latest, the competent authority may waive recovery.
(15) Paragraph 21 (5) shall apply mutatis mutandis to the use of funds in the non-interest-free account of the builder in the event that the State or, where applicable, the stabilisation allowance was granted for individual housing construction started on the basis of a building permit issued before 1 August 1998. The cancellation of the interest-free account and the repayment of the State or, where applicable, of the stabilisation contribution, or parts thereof, shall inform the savings bank in writing of the legal person who entered into the contract for the provision of the State or, where applicable, the stabilisation contribution.
(1) A family house for which financial, credit and other assistance may be granted for individual housing construction, modernisation or, where appropriate, more expensive repairs and modifications, in accordance with existing regulations, including savings bank loans, 41) acquired by building into the ownership of citizens or, where appropriate, by building owned by citizens, corresponding to the definition referred to in § 2 (2) (a).
(2) If, before 1 August 1992, no financial, credit and other assistance has been granted under the existing rules for individual housing construction, this aid shall be granted under the existing rules, provided that the condition for granting the State contribution is that instead of the conclusion of a contract to limit the transfer of real estate pursuant to Act No. 40 / 1964 Coll., Civil Code, as amended by Act No. 131 / 1982 Coll., the conclusion of a contract establishing a lien within the meaning of § 17 (4) (a) of this Decree. The members of cooperatives shall be treated mutatis mutandis in accordance with Article 17 (6) (a). Paragraph 21 (1) shall apply mutatis mutandis.
(3) If, according to the existing rules, contracts for the provision of state contributions and contracts for the limitation of the transfer of real estate pursuant to Act No. 40 / 1964 Coll., the Civil Code, as amended by Act No. 131 / 1982 Coll., which have not been registered, are made subject to the granting of a State contribution under the concluded contract to grant a State contribution, the conclusion of a lien agreement within the meaning of § 17 (4) (a) or, as the case may be, § 17 (6) (a) of this Decree. Paragraph 21 (1) shall apply mutatis mutandis.
(4) Individual housing construction started on the basis of a building permit issued until 31 July 1992, for which a housekeeping decision has not yet been issued, cannot be granted a stabilisation allowance under the existing regulations to a citizen who has become a builder since 1 August 1992. The provisions of the preceding sentence shall apply mutatis mutandis to members of cooperatives.
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Regulation Information
| Citation | Decree of the Federal Ministry of Finance, the Ministry of Finance of the Czech Socialist Republic, the Ministry of Finance of the Slovak Socialist Republic and the President of the State Bank of Czechoslovak No. 136 / 1985 Coll., on financial, credit and other assistance of cooperative and individual housing construction and modernization of family houses privately owned |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 20.12.1985 |
|---|---|
| Effective from | 01.01.1986 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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