Act No. 147 / 1961 Coll.
Law amending and supplementing the Housing Management Act
Valid
Effective from 14.12.1961
147
THE LAW
of 30 November 1961
amending and supplementing the Housing Management Act
The National Assembly of the Czechoslovak Socialist Republic decided on this law:
Act No 67 / 1956 Coll., on the management of flats, is amended as follows:
1.
"(1) Healthy housing is one of the living conditions of each individual and thus a fundamental component of the living standards of the urban and rural population. The state is also taking care of raising the level of the population on this section and ensuring that the apartments are properly managed.
(2) The tasks associated with this are primarily provided by local national committees, which have the best option to manage flats on the basis of an assessment of local conditions and knowledge of the circumstances of each individual citizen, taking into account the development of the national economy. In carrying out these tasks, the National Committees shall create the conditions for workers and social organisations, in particular the Revolutionary Trade Union Movement, to participate as much as possible in the implementation of housing policy, while fully implementing the citizens' initiative and activity. '
2.
"Budget, economic and other Socialist sector organisations (hereinafter referred to as" organisations') which have company apartments (Section 77 (1)) shall keep for each municipality in which these apartments are located lists of candidates who are their employees and who are permanently employed in the municipality. '
3.
"(1) People's housing cooperatives (" cooperatives ") shall keep for each municipality in which they have their cooperative apartments a list of applicants who are members of the cooperative.
(2) In the municipalities referred to in § 3 (2), the cooperative will only register candidates who do not have their own flat in the municipality if they are members of the cooperative and work permanently in the municipality.
(3) Specific rules apply to construction housing cooperatives and flats in their homes. *) '
Article 4 (9) (3) reads as follows:
"(3) If, during the period on which the order is drawn up, housing is also allocated to the workers of the necessary services (Section 82 (2)), the local national committee shall register in a special group the local list of candidates whose stay in the municipality is strictly necessary for the provision of public services, in such order as to reflect the importance of their work and their housing needs. '
5.
"(1) The local national committee allocates apartments to candidates on the list, according to the ranking of the candidates, but also takes into account the number and size of the rooms in relation to the number of members of the applicant's household and the local circumstances appropriate to the applicant's housing needs.
(2) A replacement apartment may be allocated to a person who is not on the waiting list,
1. if it is intended to vacate its present apartment at the request of the cleaning order (§ 42 (1)) or at the request of the building office;
2. if she was deprived of her apartment by a natural disaster.
(3) An apartment may be allocated to a person who is not on the waiting list,
1. if it is at the first award,
(a) for which the organisation in which it operates has made modifications to the basic organization of the Revolutionary Trade Union Movement in agreement with the race committee to obtain an apartment from premises serving purposes other than housing or unfit for housing;
(b) to whom the local national committee has given its consent to carry out its own cost of building arrangements which have been obtained from premises other than housing or unfit for housing;
2. if there is a person to whom an apartment is to be allocated in the public interest;
3. if there is a person who will voluntarily release his apartment. In this case, however, the flat may be allocated not more than the same value and equipment but with a smaller aggregate floor area of the accommodation rooms. '
6.
"If there is no agreement between the tenant to whom the apartment has been allocated and the owner of the house on rent and ancillary salaries associated with the use of the apartment, they shall be decided by the local national committee. '
7.
"Lists of vacant and allocated flats
(1) Local national committees shall keep lists of all newly built, established and released apartments which are entitled to allocate. At the same time as the allocation of the apartment, the person to whom the allocation has been made shall indicate the date and the reason for the allocation. The housing and housing allocated to the workers of the necessary services shall be kept separately on the list.
(2) Organisations and cooperatives maintain lists of vacant and allocated business apartments (§ 77 (1)) and cooperative flats (§ 6 (1) and (2)).
(3) Paragraph 15 shall apply mutatis mutandis to the lists of free and allocated flats. "
8. Article 25 (2) (1) and (2) read:
"(2) This period shall be calculated:
1. in the case of an apartment which its user is obliged to vacate on the removal order (§ 42 (1)), or where the lease is declared to have been cancelled (§ 23), from the date on which the removal order or decision to cancel the lease has become enforceable;
2. in the case of an apartment where the building changes or modifications are made in accordance with or with the approval of the building office, from the permit for use. ';
9.
"The allocation right of the local national committee shall not apply
1. for flats built by building housing cooperatives (§ 6 (3));
2. for dwellings built in corporate housing from the own free funds of enterprises and from other sources which can be used for this purpose under the applicable rules;
3. for flats built in the construction of single agricultural cooperatives;
4. military flats;
5. for home apartments;
6. to an apartment in a family home, if the owner declares the house to the local national committee at the same time as the announcement of the apartment, or within 8 days after an enforceable order has become enforceable, that he will move into the apartment within 15 days, or that he will accommodate his married (married) child, or not the municipality referred to in Article 3 (2), his parents within that period. ';
10.
"The owner of the house can put the landlord's apartment into use and arrange a job with him only with the approval of the local national committee."
11.
"The acceptance of the local national committee is not required for the exchange of housing of construction housing cooperatives (§ 6 (3)) and farm flats built in corporate housing from the own free funds of enterprises and other resources that can be used for this purpose under the applicable regulations, flats in single agricultural cooperatives, military apartments and apartments of the Ministry of Interior. However, it is necessary to accept an exchange if only one of the apartments to be exchanged is such an apartment. '
12.
"The consent of the owner of the house is needed for the exchange of housing of construction housing cooperatives, flats built in corporate housing from the own free funds of enterprises and from other resources that can be used for this purpose, flats in houses of single agricultural cooperatives, corporate housing and cooperative flats, as well as for the exchange of the rented part of the apartment of the owner of the family home (§ 32 (2)). '
13.
"(1) The shift of military flats requires the appointment of a chief. However, the consent of the owner of the house shall not be required.
(2) If there is an exchange of military flats which are in different municipalities, the chief shall give the admission to the exchange if the exchange is in accordance with the interests of the performance of his duties and corresponds to the housing plan prepared by the Ministry of National Defence.
(3) Paragraph 35 and 36 apply mutatis mutandis to the legal consequences of being admitted to the exchange of military flats. Paragraph 37 and 38 shall also apply mutatis mutandis to shifts in military apartments. '
14.
"(1) The user of the apartment may appeal within 15 days from the decision of the local national committee issuing the removal order. However, the owner of the house may only appeal if the order for the removal of the apartment of the building housing cooperative, an apartment built in the company housing from the company's own free funds of the enterprise and from other sources that can be used for that purpose, an apartment in the single agricultural cooperative, an apartment in the company, a military apartment, an apartment in the Ministry of Interior or a cooperative apartment.
(2) An appeal from the removal order cannot be withdrawn.
(3) The removal order shall be enforceable only if confirmed by the district court. The court shall confirm the order, if it is issued in accordance with the law, or it shall revoke it.
(4) Applications for confirmation of the removal order shall be decided by the court in whose district the seat of the local national committee issuing the order is situated. ';
15. Article 53 (2) reads as follows:
"(2) The removal order may be issued even if the user of the apartment does not pay the local fee from the apartment for 6 months or if the amount due exceeds the rent charge or the price of use of the apartment for three months. '
16. The following Section 55a is inserted after Section 55:
"Cleaning out an apartment for the benefit of the owner of the family home
The local national committee may issue an order to vacate an apartment to a tenant who lives in a family house and refuses to release his apartment for no proper reason to move the owner of that house or his married (married) child, although the tenant has the opportunity to move to another apartment which has all the essentials of a replacement apartment (§ 62). "
17.
"(1) The replacement apartment must be safe and otherwise fit for normal use and suitable and the number and dimensions of the living rooms must be adequate for the number of members of the next user's household.
(2) Persons who live in less than adequate apartments and who are obliged to vacate an employee or home apartment because, without serious reasons, they have ceased to carry out their employment linked to the use of the apartment, a replacement apartment of the same aggregate floor area as the apartment to be cleared may be allocated. Similarly, it is possible to proceed against persons who are obliged to vacate the apartment for non-payment of rent.
(3) The replacement apartment shall be allocated in the same municipality; in another municipality it can only be allocated in the cases referred to in Sections 49 and 58.
(4) The provisions of paragraphs 1 and 2 also apply to surrogates in the course of judicial execution by the removal of the flat (§ 556 o. s. s.). "
18. Paragraph 65 (2) reads as follows:
"(2) Other users who are obliged to vacate the apartment at the removal order may be compensated by the local national committee in whole or in part if they cannot reasonably require the apartment user to pay for them. In the case of orders to vacate military apartments or apartments of the Ministry of Interior pursuant to § 58, the military or regional administration of the Ministry of Interior shall bear these costs. In the case of orders to vacate for the benefit of the owner of the family home (§ 55a), the removal costs shall be borne by the person who is obliged to vacate the apartment, the owner of the family home."
19.
"(1) The National Committee of the Capital City of Prague may provide for certain tasks under this law to be provided by itself for reasons of efficiency.
(2) The City National Committees in Bratislava, Brno, Ostrava and Pilsen may, with the agreement of the Regional National Committee, determine which tasks will be provided under this Act for reasons of effectiveness. "
20. Paragraph 72 (2) reads as follows:
"(2) The Chief of the Regional Military Housing and Construction Administration shall decide on the appeal of the Chief's decision under this Act. '
21.
"(1) The housing companies are those which on 31 December 1956 the organisation was authorised to allocate to its employees, as well as the individual apartments acquired or acquired by the organisation after 31 December 1956 from state housing for permanent accommodation of its own employees.
(2) For the purposes of this Act, flats built in the company's housing construction from the own free funds of undertakings and other resources which can be used for this purpose (Section 27 (2)) shall not be regarded as corporate housing. '
22. § 78 (1) No 1 reads as follows:
"(1) Military apartments are:
1. all dwellings in residential homes intended exclusively for accommodation of professional soldiers and individual dwellings acquired by military administration from new residential construction; ';
23.
"Houses in residential homes intended exclusively for accommodation of members of the Ministry of Interior in active service and individual apartments acquired by the Regional Administration from new housing construction are considered as flats of the Ministry of Interior. '
24.
"Business apartments, military apartments and interior dwellings do not cease to exist if the house has been handed over to the administration of the home administration; in such cases, the law of the party to the legal proceedings in rental matters shall be preserved by the competent organisation, chief or regional administration. The implementing provisions shall lay down which rights in matters governed by this law belong to the owner of the house in these cases, as well as to military apartments referred to in § 78 (1), to the organisation, chief or regional administration. '
25. Paragraph 82, including the title, reads:
"Apartments from state housing
National committees manage flats from state housing construction in order to state housing construction in particular
1. Supports the development of sectors and plants whose operation is conditional on the resettlement of permanent labour in the vicinity of workplaces;
2. provide accommodation for workers of the necessary services;
3. provide accommodation to lower-income families, especially families with multiple children, in places with increased labour needs for basic industries. '
Article 26 (86) reads:
"(1) Employees' apartments are apartments set up at public or operating buildings, as well as apartments built at operating premises, at health institutions or at social care institutions, and used in all cases for the accommodation of staff responsible for guarding such buildings (buildings, institutes and facilities), or for other professional reasons, they are required to reside there because otherwise the operation of the undertaking (institution, establishment) would be compromised or the performance of their employment is prevented.
(2) In doubt whether an apartment is of the nature of an employee's apartment, the local national committee will decide, after consultation with the organisation and the race committee of the basic organization of the Revolutionary Trade Union Movement. "
27.
"The local national committee may take action under this law only with the approval of the district national committee on the housing of churches and religious societies and their constituents and on the housing of other buildings in churches and religious societies."
28.
"The Central Office of the National Committees shall issue the provisions necessary for the implementation of this Act. '
The Head of the Central Office of the National Committees is hereby authorised to declare the full text of the Housing Management Act, as provided for in the later regulations.
This Act shall take effect on the day of its publication.
Novotný v. r.
Fierlinger v. r.
Broad v. r.
*) Act No. 27 / 1959 Coll., on cooperative housing construction.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 147 / 1961 Coll., amending and supplementing the Housing Management Act |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 14.12.1961 |
|---|---|
| Effective from | 14.12.1961 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0