Decree No. 146 / 2003 Coll.
Government Regulation on the use of State Housing Development Funds to cover part of the costs of building apartments for persons with defined income
Valid
Regulation
Effective from 22.05.2003
146
GOVERNMENT REGULATION
of 14 April 2003
on the use of the resources of the State Housing Development Fund to cover part of the costs associated with the construction of apartments for persons with income
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 authorities of the Czech Republic in the case of transfers of state property to other persons and on the National Property Fund of the Czech Republic, as amended, to implement § 3 (1) (c) of this Act:
Subject matter
This Regulation regulates the conditions and scope of the grant to municipalities of the State Housing Development Fund (hereinafter referred to as "the Fund ') to support the construction of rental apartments for income-based persons.
Definition of terms
This Regulation shall mean:
(a) a rental apartment intended to satisfy the housing needs of natural persons by renting an apartment (hereinafter referred to as an apartment);
(b) construction
1. construction of a residential house (1) or a family home (2) with rental apartments,
2. a change in the construction resulting from a new apartment from premises intended for purposes other than housing; or
3. superstructure, soil structure or extension if it has a new apartment,
(c) the cost of the apartment, the price determined under the special law on the valuation of the property, 3)
(d) a adjustable apartment which, without further construction, can serve persons with reduced mobility, i.e. in particular persons affected by movement, visual, auditory, mental, advanced age, etc., and fulfils the conditions set out in the Annex to this Regulation;
(e) income determined in the same way and to the same extent as income collected for the purposes of life minima under a special legislation, 5)
(f) income-specific
1. a self-employed person who demonstrates that his average monthly income determined in accordance with point (e) during the 12 calendar months preceding the conclusion of the lease contract did not exceed 0,8 times the average monthly salary for the national economy, as determined and published by the Czech Statistical Office, if the lease contract for an apartment built with a subsidy under this Regulation is concluded between 1 July and 31 December, the net monthly income shall be compared with the average monthly wage for the previous calendar year for the national economy established and published by the Czech Statistical Office, if the lease contract for an apartment built with a subsidy under this Regulation is concluded between 1 January and 30 June, the net monthly income shall be compared with the average monthly wage for the national economy recorded and published by the Czech Statistical Office,
2. a person with other household members, 6) who proves that the average monthly income of the household did not exceed 1.5 times the average monthly salary for the national economy published by the Czech Statistical Office in the 12 calendar months preceding the conclusion of the lease contract, and if the contract for the lease of an apartment with a subsidy under this Regulation is concluded between 1 July and 31 December, the net monthly income will be compared with the average monthly salary for the previous calendar year for the national economy established and published by the Czech Statistical Office if the contract for the lease of an apartment with a subsidy under this Regulation is concluded between 1 January and 30 June, the net monthly income will be compared with the average salary for the previous calendar for the national economy recorded and published by the Czech Statistical Office.
Conditions for granting and using the subsidy
The grant may be granted to the municipality in whose territory the construction is carried out if the following conditions are met:
(a) the municipality does not pool funds for construction with any natural or legal person other than another municipality;
(b) the land on which the construction will be carried out is owned by the municipality;
(c) the building, 7) in which new flats are created, must be
1. owned by a municipality; or
2. in the joint ownership of municipalities, where the municipality carries out the construction of flats under the association contract, the joint ownership of the municipality receiving the subsidy must be at least 51%,
(d) the municipality in whose territory the construction of the housing house will be carried out (1) or the family house (2) has a territorial plan or regulatory plan or a negotiated urban study;
(e) the municipality has a final territorial decision, if the proposed construction is required by 10) the regulatory plan issued, or territorial agreement,
(f) the contractor of the building will be selected in accordance with the specific public procurement law, 11)
g) for a construction whose total investment costs exceed CZK 20 000 000, the contractor has an established quality management system in accordance with the Czech state standard, 12)
(h) the construction or modification thereof complies with the specific heat consumption requirements laid down in the specific legislation, 13)
(i) if there is a construction of a housing house (1) with 10 or more flats, at least 10% of the flats must be adjustable;
(j) the floor area of at least 80% of the flats for which a subsidy has been granted on the basis of one subsidy application shall not exceed 60 m2 and the floor area shall not exceed 20% of the flats for which a subsidy has been granted on the basis of one subsidy application shall not exceed 80 m2; for this purpose, the floor area of the flat shall be the sum of the floor areas of all the rooms of the flat, provided that they are used exclusively by the tenant under this Regulation;
(k) the construction must be completed within 3 years of the date of conclusion of the grant contract.
(1) The condition under which the subsidy is granted is that the municipality:
(a) does not transfer ownership to an apartment building, (1) to a family home (2) or to a housing unit (14) or their co-ownership interest in another person;
(b) establish a house, (1) a family home (2) or a housing unit (14) a lien for the benefit of a third party, with the exception of a lien which guarantees a loan for construction;
(c) does not change the use of an apartment for purposes other than housing and the apartment remains a rental apartment throughout the period;
(d) does not provide for rent from an apartment for which a subsidy has been granted in excess of the product of the purchase price of the apartment and the monthly coefficient of 0,00333; the rent thus determined may be adjusted by the municipality on 1 July each year, but not earlier than 12 months, by the rate of inflation expressed as an increase in the average index of consumer prices for the 12 months of the last calendar year against the average of 12 months of the last calendar year and published by the Czech Statistical Office,
(e) they shall not be subject to the conclusion of a lease contract by the deposit of funds to cover the costs of construction or other financial performance; only a repayable advance contract which does not exceed three times the monthly rent may be concluded,
f) does not consent to the conclusion of a sublease contract, 15)
(g) conclude an agreement on the rental of an apartment built with a subsidy under this Regulation only with an income-delimited person who does not have the right of ownership or co-ownership to an apartment house, 1) to a family home (2) or to an apartment, 14) or uses it by law appropriate to the burden in kind. This condition must also be met by other members of the household, 6) who are to live in the apartment,
(h) conclude a lease agreement for an apartment built with a subsidy under this Regulation for a maximum period of two years, renewable. In this case, the conditions referred to in point (g) need not be met.
(2) The conditions laid down in paragraph 1 shall be complied with by the municipality for a period of 30 years from the date of acquisition of the legal power of the approval decision to the apartment or house for which the grant was granted.
(3) At the village's written request, the Fund shall conclude an agreement with the municipality to amend the terms of the grant in which the municipality undertakes to comply with the conditions laid down in paragraph 1 for the period referred to in paragraph 2. At the request of the Fund, the municipality shall document a copy of the grant contract.
Amount of subsidy
The subsidy may be granted to the municipality up to the
(a) CZK 550 000 per flat, or
b) CZK 630 000 per apartment, when it is about the construction of an apartment in the territory where it is necessary to build local communication III and IV, including their parts, 16) special purpose communication17) and a network of technical equipment.
Procedure for granting the subsidy
(1) The subsidy may be granted to the municipality following a written request from the Fund.
(2) The municipality attaches to the written application
(a) if the building of an apartment house (1) or a family home is concerned, (2) proof of the issue of a zoning plan or regulatory plan or proof of the discussion of an urban study;
(b) a final territorial decision, if required for the proposed construction, proof of the issue of a regulatory plan or territorial agreement;
(c) a statement by the municipality that it does not have commitments on the date on which the application for a subsidy is submitted after maturity in relation to the State budget or State funds;
(d) a construction report containing in particular the overall urban and architectural solution of the construction, the number, composition and size of the flats, the territorial technical conditions for the preparation of the territory, including connection to the distribution and communication networks and sewerage, the scope and method of securing the translation of the networks, the connection to the transport infrastructure, the total budgetary costs of the construction and the financing method;
(e) an extract from the property register showing ownership of the land or building where construction is to be carried out.
(3) If the application is not complete, the Fund shall, within 30 days of the date of receipt of the request, invite the municipality to supplement it within the prescribed time limit.
(4) Furthermore, the municipality will deliver to the Fund:
(a) the contracting authority's decision to select the most appropriate tender, 11)
(b) a final building permit, a public contract for the execution of the construction, an authorised inspector's certificate, an agreement to carry out the notified construction, or a declaration by the municipality that a decision has not been issued by the building authority to prohibit the implementation of the notified construction,
(c) a contract concluded with the contractor;
(d) proof that the contractor of the construction has an established quality management system in accordance with the Czech State standard, 12) if necessary according to § 3 (g);
(e) proof of how the construction is financed;
(f) a summary technical report and ground-floor features,
(g) additional information to verify the conditions laid down in Article 3 requested by the Fund.
Control and penalties
Specific legislation shall apply in order to check compliance with the conditions for granting and applying the subsidy provided for in this Regulation and the application of penalties for unauthorised use or retention. 19)
This Regulation shall enter into force on the day of its publication.
Prime Minister:
PhDr. Špidla v. r.
Minister for Local Development:
Mgr.
Annex to Decree No. 146 / 2003 Coll.
Adjustable Apartment
Principles for the technical solution of the adjustable apartment
The concept of adjustable apartment is an apartment that meets the basic technical requirements of barrier-free, i.e. an apartment that can serve persons with reduced mobility without further modifications.
Construction requirements for adjustable apartment:
1. The layout of the apartment shall correspond to the manoeuvring possibilities of the wheelchair ("the wheelchair '), its free passage through all the rooms and premises of the apartment, including the definition of the space for its storage. The living and living rooms, halls, corridors of the apartment must allow for 360 ° rotation of the trolley when the furniture is intended to be installed (a circular area of 1500 mm diameter). For apartments for more than one user, the living room (living room, one bedroom) must show sufficient space to move and manoeuvre two carts simultaneously.
2. The entrance door to the apartment, door openings and passages in the apartment shall be at least 900 mm wide. Exceptionally entrance door to an apartment at least 800 mm wide. All doors in the apartment except the entrance must have demountable thresholds. There shall be sufficient space in front and behind the door for handling the trolley.
3. Stairways and inclined ramps placed in front of the door shall have a horizontal section of length of at least 1500 mm or 2000 mm depending on the direction of opening of the door.
4. Floors shall have an anti-slip surface treatment with a shear friction coefficient of not less than 0,6.
5. Ships or balconies shall have a depth of not less than 1500 mm (preferably 1800 mm), shall be accessible at the floor level of the living room with a height difference of not more than 20 mm. At least part of the railing shall be adjusted to ensure the visibility of the person on the deck in the immediate vicinity of the building.
6. The walls of the bathroom must allow for anchoring the auxiliary handles in different positions. The shower shall be equipped with a flip-down seat of 500 mm above the floor allowing lateral or frontal access. Hand shower with lever control. The support rail and the soap bar shall be located within reach of the seat cushion on the wall perpendicular to the wall on which it is mounted. The impactor bowl shall be fitted in such a way that there is a space at least 800 mm wide, between its forehead and its rear wall at least 700 mm wide. The door must be opened outwards.
7. The position of all hand-operated elements (switches, sockets, circuit breakers, door handles, flushing handles) shall be between 600 mm and 1200 mm. The windows shall have a lever lock of not more than 1100 mm above the floor.
8. Accessibility of all premises of home furnishings, i.e. designated cellar boxes, rooms for bicycles and prams, workshops, laundry and drying rooms, or CO shelter, including the apartment itself, must be addressed from the point of view of persons using the cart. In case garages are designed in the framework of residential construction, it is necessary to assign a 3500 mm width standing to the adjustable apartment, accessible barrier-free.
1) § 3 (b) of Decree No. 137 / 1998 Coll., on general technical requirements for construction.
2) § 3 (c) of Decree No. 137 / 1998 Coll.
3) Paragraph 2 (3) (a) of Act No 151 / 1997 Coll., on the valuation of assets and on the amendment of certain laws (Law on the valuation of assets).
4) § 139b (3) (c) of Act No. 50 / 1976 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended by Act No. 83 / 1998 Coll.
5) Article 6 of Act No. 463 / 1991 Coll., on Life Minimum, as amended by Act No. 118 / 1995 Coll., Act No. 289 / 1997 Coll., Act No. 492 / 2000 Coll. and Act No. 271 / 2001 Coll.
6) § 115 of the Civil Code.
7) § 3 (a) of Decree No. 137 / 1998 Coll.
11) Act No. 199 / 1994 Coll., on Public Procurement, as amended by Act No. 148 / 1996 Coll., Act No. 93 / 1998 Coll., Act No. 28 / 2000 Coll., Act No. 256 / 2000 Coll., Act No. 39 / 2001 Coll., Act No. 142 / 2001 Coll., Act No. 130 / 2002 Coll., Act No. 211 / 2002 Coll., Act No. 278 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 424 / 2002 Coll. and Act No. 517 / 2002 Coll.
12) EN ISO 9002.
13) Decree No. 291 / 2001 Coll., laying down details of the efficiency of energy use in heat consumption in buildings.
14) Act No. 72 / 1994 Coll., which regulates certain joint ownership relations with buildings and certain ownership relations with apartments and non-residential premises and complements certain laws (the Housing Act), as amended by Act No. 273 / 1994 Coll., the Constitutional Court found published under No. 280 / 1996 Coll., Act No. 97 / 1999 Coll., Act No. 103 / 2000 Coll., Act No. 229 / 2001 Coll., Act No. 451 / 2001 Coll. and Act No. 320 / 2002 Coll.
15) Article 719 of the Civil Code.
16) Paragraph 6 (3) (c) and (d) of Act No. 13 / 1997 Coll., on Road.
17) § 7 of Act No. 13 / 1997 Coll.
19) Article 44 of Act No. 218 / 2000 Coll., on Budgetary Rules and on the Amendment of Certain Related Acts (Budgetary Rules), as amended by Act No. 187 / 2001 Coll. and Act No. 320 / 2001 Coll. Act No. 320 / 2001 Coll., on financial control in public administration and amending certain laws (Act on Financial Control), as amended by Act No. 309 / 2002 Coll. and Act No. 320 / 2002 Coll.
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Regulation Information
| Citation | Decree No. 146 / 2003 Coll., on the use of the resources of the State Housing Development Fund to cover part of the costs associated with the construction of apartments for persons with income |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 22.05.2003 |
|---|---|
| Effective from | 22.05.2003 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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