Government Decree No. 16 / 2020 Coll.
Government regulation on the conditions for the use of State Housing Development Funds in the form of a loan for energy modernisation of housing houses
Valid
Regulation
Effective from 01.02.2020
Text versions:
01.02.2020
24.01.2020
16
GOVERNMENT REGULATION
of 13 January 2020
on the conditions for the use of State Housing Development Fund funds in the form of a loan for energy modernisation of housing houses
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 Bodies of the Czech Republic on Transfers of State Property to Other Persons and on the National Property Fund of the Czech Republic, as amended, as amended by Act No. 61 / 2005 Coll.:
Subject matter
This Regulation lays down the conditions for the use of the funds of the State Housing Development Fund (hereinafter referred to as "the Fund ') in the form of a loan granted for the energy modernisation of housing houses (hereinafter referred to as" the loan').
Definition of terms
For the purposes of this Regulation:
(a) an apartment building in which more than half of the floor area complies with and is intended for permanent housing; the dwelling house for the purposes of this Regulation is not a family house according to § 2 (a) (2) of Decree No. 501 / 2006 Coll., on general requirements for the use of the territory,
(b) energy modernisation of the implementation of building modifications to the housing house, maintenance works or other measures referred to in Section 3 which lead to a reduction in the energy performance of the housing house;
(c) by authorising energy modernisation, the approval of the building office to carry out the notified construction project, building permit, public contract pursuant to § 78a or § 116 of the building law, notification of the building project to the certificate of the authorized inspector, joint permit or re-permit, territorial decision or territorial consent.
Purpose of the loan
The loan can only be used for:
(a) increasing the thermal technical parameters of the envelope of the housing house or of the indoor horizontal or vertical structures adjacent to the outdoor environment (1);
(b) the acquisition and installation of shielding elements in exterior;
(c) the acquisition and installation of a forced ventilation system with heat recovery;
(d) the replacement of an existing primary source of heat to fossil fuels for a new main source of heat which uses natural gas or renewable energy for its operation or a new heat pump, including its installation;
(e) the replacement of an existing primary source of heat for fossil fuels by the acquisition and installation of cogeneration facilities using renewable energy or natural gas for its operation and covering the energy needs of the housing,
(f) replacement of an existing heat source for the preparation of hot commercial water for fossil fuels for a new source which uses natural gas or renewable energy for its operation, including its installation;
(g) the installation of a new heat source, heat pump or combined electricity and heat plant which meets the conditions set out in points (d) to (f);
(h) the acquisition and installation of solar thermal collectors, solar systems or storage tanks;
(i) the acquisition and installation of central heating in an apartment building which has not yet been equipped with central heating;
(j) connection of the housing house to the thermal energy supply system;
(k) the central regulation of the heating system of the housing house or the modernisation of the heating system, including the exchange of heat or heating units;
(l) acquisition or replacement of a transmission station under the Energy Act, including its installation;
(m) the exchange of external apertures; or
(n) the exchange of lifts under the Government Regulation on the conformity assessment of lifts and their safety components, including their installation.
Applicant for credit
The applicant for a loan (the applicant) may only:
(a) the owner of the house or real estate part of the house;
(b) the association of unit owners; or
(c) co-owners of an apartment building or real estate item which includes an apartment building.
Forms of loan granting
Credit may be granted in accordance with European Union rules as support
(a) under a scheme under a directly applicable European Union regulation declaring certain categories of aid compatible with the internal market in accordance with Articles 107 and 108 of the Treaty on the Functioning of the European Union); or
(b) de minimis in accordance with the directly applicable European Union provisions governing the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid (3).
Conditions for granting credit
(1) A loan may be granted provided that the applicant:
(a) it does not have a outstanding balance in respect of the national budget, the national funds or the budget of the local authority or the insurance or periodic penalty payment for public health insurance;
(b) is not, or was not, in the last 3 years before the application for credit (hereinafter referred to as "the application") in bankruptcy or liquidation, the bankruptcy of his property was not cancelled at that time because the property was wholly inadequate and there was no risk of bankruptcy;
(c) is not the person against whom enforcement is sought;
(d) has not been convicted of a criminal offence, the nature of which relates to the subject of the applicant's activity, the offence against property, the economic offence, the offence of accepting bribery, the offence of bribery, the offence of indirect bribery or the offence of participation in an organised criminal group, unless it is regarded as not being convicted;
(e) is not a firm in difficulty under a directly applicable European Union provision declaring certain categories of aid compatible with the internal market4 in accordance with Articles 107 and 108 of the Treaty on the Functioning of the European Union; and
(f) is not an undertaking to which a recovery order has been issued following a decision of the European Commission (5).
(2) A loan may be granted subject to the following additional conditions:
a) the purpose of the loan is to modernize the residential house located in the Czech Republic outside the capital of Prague,
(b) energy modernisation shall achieve an overall energy savings of at least 20% from the pre-energy modernisation situation of the housing house;
(c) energy modernisation is permitted when authorised for energy modernisation;
(d) the housing house shall be insured throughout the period of repayment of the credit against natural disasters and the housing house situated in the flood area shall always be covered in the event of flooding or flooding; the insurance must be arranged in such a way that, in the event of an insurance claim, the damage suffered is at least equal to the amount of the credit granted and the payment to the Fund of the insurance claim must be agreed;
(e) the application is submitted before the start of energy modernisation; and
(f) the credit is and throughout the period of its repayment will be adequately secured at least until its outstanding amount.
Application for credit
(1) The application shall contain at least:
(a) the name, date of birth, birth number, if assigned, and address of permanent residence, if the applicant is a natural person and if the entrepreneur is also an identification number;
(b) the name, address and identification number, if the applicant is a legal person, and the identification of persons;
1. acting for that legal person,
2. which has a holding in that legal entity in excess of 10%; and
3. in which the applicant has a holding and the amount of that holding;
(c) the purpose of the credit;
(d) the amount of credit required; and
(e) the period within which the purpose of the loan referred to in (c) is to be achieved.
(2) The application shall be accompanied by:
(a) proof of ownership of the house, the immovable property of which the house is part or of the units in the house for which the loan is to be granted for energy modernisation;
(b) an extract from the register of unit owners' community where the applicant is the unit owners' community;
(c) proof of the agreement of the assembly of unit owners' associations with the energy modernisation of the housing house and the conclusion of a credit agreement if the applicant is the unit owners' community;
(d) a declaration by the applicant that it fulfils the conditions for granting the credit under Article 6 (1) (a) to (d);
(e) the design documentation of the energy modernisation of the housing house, where energy modernisation is subject to the authorisation of energy modernisation or where the requirement for it to be processed is from another legislation;
(f) a document demonstrating the amount of energy savings of the dwelling in accordance with Article 6 (2) (b); and
(g) appropriations.
(3) The application may not contain the documents referred to in points (a) to (d) of paragraph 2 if they are contained in a monitoring system under the Regional Development Support Act.
(4) Where an application is submitted by co-owners of a housing house or a real estate item, the application shall be submitted jointly by all co-owners.
(5) After prior examination of the application, the applicant shall also provide evidence of the Fund's invitation to:
(a) the authorisation of energy modernisation where energy modernisation is subject to the authorisation of energy modernisation or a declaration that energy modernisation does not require the authorisation of energy modernisation;
(b) proof of insurance of the house within the scope of § 6 (2) (d); and
(c) a contract to implement energy modernisation.
(1) If the conditions for granting the credit are met and the Fund has the funds for granting the loan, the Fund shall submit to the applicant a proposal for the conclusion of a credit agreement.
(2) At the date of conclusion of the credit agreement, the applicant shall submit to the Fund a declaration stating that it is not:
(a) an undertaking in difficulty pursuant to a directly applicable European Union provision declaring certain categories of aid compatible with the internal market in accordance with Articles 107 and 108 of the Treaty on the Functioning of the European Union (4); and
(b) the undertaking to which a recovery order has been issued following a decision of the European Commission (5).
(3) The Fund will not grant a loan unless, for reasons relating to the applicant, a credit agreement has been concluded no later than 2 months from the date of receipt of the application for a credit agreement to the applicant.
Amount and other loan parameters
(1) The amount of the loan is at least CZK 500,000 and no more than CZK 90,000.
(2) If energy modernisation is at the same time subject to aid under the scheme under the directly applicable European Union Regulation declaring certain categories of aid compatible with the internal market in accordance with Articles 107 and 108 of the Treaty on the Functioning of the European Union (2), the credit may be granted only for eligible costs pursuant to Article 10 (1) and (2) and up to a maximum of that amount, so that the remaining costs shown in the budget item not covered by that loan are at least 30% of the loan granted.
(3) Where the granting of a loan is subject to de minimis rules in accordance with the directly applicable European Union provisions governing the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis 3, the credit may not cover more than 90% of the costs of energy modernisation.
(4) The maximum percentage to which a loan may cover the costs of energy modernisation referred to in paragraphs 2 and 3 shall also be binding on the sum of all the funds granted to the beneficiary of the energy modernisation loan under the scheme referred to in paragraph 2 or 3 and the loan under this Regulation.
(5) The loan is granted without interest.
Credit drawing
(1) The credit can only be drawn on the energy modernisation costs effectively incurred by the applicant, supported by the relevant document.
(2) The eligible costs referred to in paragraph 1 shall also be:
(a) technical supervision of the builder,
(b) the author's supervision of the designer,
(c) compliance with obligations for the protection of life, health, environment and safety of work arising from other legislation;
(d) a copy of the document referred to in Article 7 (2) (f);
(e) carrying out a hydraulic test of the heating system, including a test report;
(f) preparation and implementation of procurement and selection procedures; or
(g) value added tax, except for the part of the tax for which the recipient of the credit is entitled to deduct input tax under the Value Added Tax Act.
Payment period and loan instalments
(1) The repayment period may be agreed for a maximum of 20 years from the date of entry into force of the credit agreement.
(2) The loan is repaid by regular monthly instalments of the same amount.
(3) The beneficiary of the loan shall have the right to repay the loan in whole or in part at any time during the duration of the credit agreement.
Conditions for drawing on and using credit
(1) For the entire period of repayment of the credit, but for at least five years from the date of entry into force of the credit agreement,
(a) all units of the housing house which, at the date on which the application was submitted, have been used for the purpose of housing,
(b) the floor area of the housing house which, on the date on which the application is submitted, is not divided into units which were used for the purpose of housing at the date of the application for permanent residence;
(c) the recipient of the credit may not, without the approval of the Fund, transfer to another person the right of ownership of the dwelling house, the immovable property of which is the dwelling house, the unit of the dwelling house in the house in which the unit owners' community was not established or a share thereof.
(2) The Fund shall give its consent under paragraph 1 (c) if:
(a) the acquirer agrees to take over all the rights and obligations arising from the credit agreement;
(b) the transferee fulfils the conditions for granting a loan under this Regulation; and
(c) the transfer shall not impair the collateral provided.
(3) For the purposes of assessing compliance with the conditions for the granting of approval by the Fund pursuant to paragraph 2, the recipient of the credit shall submit to the Fund a transfer agreement as part of the request for consent.
(4) The beneficiary of the loan shall notify the Fund that a decision has been taken on the removal of the house for which the loan has been granted for energy modernisation within 30 days of the date on which the decision on the removal of the house was taken.
(5) The credit agreement shall include an arrangement for a contractual fine to be paid by the payee in the event that:
(a) the energy modernisation shall not result in savings of the energy consumption of the housing house as referred to in Section 6 (2) (b);
(b) the recipient of the credit fails to comply with the condition for granting the credit referred to in Article 6 (2) (d); or
(c) the recipient of the credit infringes one of the conditions for drawing and using the credit referred to in paragraph 1 or 4.
Withdrawal from the credit agreement
(1) The Fund may withdraw from the credit agreement if:
(a) the recipient of the credit is late in payment of at least 2 monthly instalments of the loan and does not pay the amount due within 30 days of receipt of the written call for payment by the Fund;
(b) the energy modernisation is not achieved by saving the energy consumption of the housing house at the level referred to in Section 6 (2) (b);
(c) the conditions for granting the credit referred to in Articles 3 or 6 (2) (a), (c) or (d) are not complied with or it has become apparent that the applicant has provided false or incomplete information in the application; or
(d) the recipient of the credit infringes one of the conditions for drawing and using the credit referred to in Article 12 (1) or (4).
(2) If the Fund withdraws from the credit agreement, it will invite the beneficiary of the loan to repay the amount of the loan immediately.
Efficacy
This Regulation shall take effect on 1 February 2020.
Prime Minister:
Ing. Babiš v. r.
Minister for Local Development:
Ing. Dostalová v. r.
1) § 2 (c) of Decree No. 78 / 2013 Coll., on the energy performance of buildings.
(2) Commission Regulation (EU) No 651 / 2014 of 17 June 2014 declaring certain categories of aid compatible with the internal market in accordance with Articles 107 and 108 of the Treaty, as amended.
3) Commission Regulation (EU) No 1407 / 2013 of 18 December 2013 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid, as amended.
(4) Article 2 (18) of Commission Regulation (EU) No 651 / 2014.
5) Article 1 (4) of Commission Regulation (EU) No 651 / 2014.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Government Decree No. 16 / 2020 Coll., on the Terms and Conditions of Use of Funds of the State Housing Development Fund in the form of a Loan for Energy Modernisation of Housing Houses |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 24.01.2020 |
|---|---|
| Effective from | 01.02.2020 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Civil law
Civil law substantive
The regulation text is for informational purposes only.
Comments 0