Decree No. 189 / 2019 Coll.
Government regulation on how to determine the value of dwellings which the debtor is not obliged to issue for redemption
Valid
Regulation
Effective from 01.08.2019
189
GOVERNMENT REGULATION
of 22 July 2019
on how to determine the value of dwellings which the debtor is not obliged to issue for redemption
Act No. 5 / 2011 Coll., Act No. 73 / 2011 Coll., Act No. 76 / 2011 Coll.
Lives the debtor
(1) As a residence of the debtor in insolvency proceedings, which is not required to be issued for redemption by the payment schedule with the payment of the property, it may serve
(a) any item used to ensure the housing needs of the debtor and his family, in particular the house, unit or cooperative interest in the housing cooperative; or
(b) the part of the item used for the same purpose if it is an apartment.
(2) The value of the debtor's dwelling shall be determined as the proceeds of the redemption of the dwelling, the achievement of which is the result of the monetisation of the cause which serves as the debtor's residence, and the insolvency administrator expects that result.
(3) The residence is situated at the place of the debtor's residence in which he is mostly resident.
(1) If the construction which fulfils the purpose of the dwelling, the parcel or the building right is part of the building, the building shall be considered a dwelling.
(2) The land necessary for the proper use of the dwelling and forming a functional whole shall also be considered as part of the dwelling; such land may, in particular, be the land on which the dwelling is situated, the land providing access to the dwelling and the associated commonly used land, normally under common fencing.
Determination of housing value
(1) The value of dwellings which the debtor is not obliged to issue for redemption shall be determined as the product of the amount to be used to secure the dwelling in the debtor's residence and the coefficient of account taken of. The person concerned shall be the person who lives with the debtor in the same household and who is also obliged to provide maintenance. The value obtained shall be rounded up to the whole crown.
(2) The amount to be recovered from the debtor's residence shall be determined as the product of the statistical value and the price increase coefficient. The amount determined shall be rounded up to the nearest crown.
(1) The statistical value shall be determined from the tables of the statistical file "Real estate prices" published by the Czech Statistical Office for a period of 3 years ending in the year preceding the decision on bankruptcy by 2 years (hereinafter referred to as the "price package"). The statistical value shall be determined on the basis of the average purchase price and the average size corresponding to the district and, where appropriate, the size of the debtor's resident municipality; in the case of Prague, the City of Prague is used instead of the district. Where the set of prices does not contain information for the municipality of the respective size in the district of the debtor's residence, the data for the municipality of the respective size in the region of the debtor's residence shall be used. The size of the debtor's residence is determined from the dates published by the Czech Statistical Office on 1 January of the year preceding the 1 year of the bankruptcy decision.
(2) If the debtor's residence is a house, the statistical value of the family home shall be used. In other cases, the statistical value of the flat shall be used.
(3) If the debtor's place of residence constitutes a joint ownership interest in the case, the statistical value of the dwelling established in accordance with § 5 or 6 shall not be reduced by the size of the joint ownership interest.
(4) Where a parcel is part of a dwelling pursuant to Paragraph 2 (2), except for the parcel on which the dwelling is located, the statistical value of the house shall be increased by the coefficient of the value of the parcel in accordance with Section 7.
(5) The price increase coefficient is determined from the tables of the statistical set "Indices of realised prices of flats" published quarterly by the Czech Statistical Office.
Statistical value of the apartment
(1) The statistical value of the apartment is determined as the product of the average size of the apartment in m ² in the district and the purchase price per m ² according to the size of the municipality in the district, listed in the table of the price package "2-4. Average prices of apartments in the Czech Republic in the period (...) according to the districts depending on the size of the municipalities (in CZK / m ²)."
(2) The statistical value of the apartment referred to in paragraph 1 may be at least two tenths and no more than twice the product of the average size of the apartment in m2 for the whole Czech Republic and the purchase price per m2 for the whole Czech Republic listed in the price package table "2-4. Average prices of apartments in the Czech Republic in the period (...) according to the districts depending on the size of the municipalities (in CZK / m ²)."
Statistical value of the family home
(1) The statistical value of the family house is determined as the product of the average size of the family house in m ² in a given district and the purchase price per m ² according to the size of the municipality in the given district, listed in the table of the package prices "1-4. Average prices of family houses in the Czech Republic in years (...) according to districts depending on the size of the municipalities (in CZK / m ²)."
(2) The statistical value of the family house referred to in paragraph 1 may be at least two-tenths and no more than twice the product of the average size of the family house in m ² for the whole Czech Republic and the purchase price for m ² for the whole Czech Republic, listed in the table of prices "1-4. Average prices of family houses in the Czech Republic in years (...) according to districts depending on the size of the municipalities (in CZK / m ²)."
Value coefficient of land
(1) The weighting of the value of the land shall be determined according to the size of the municipality of the debtor's residence.
(2) The coefficient for the value of the land is:
(a) 1,2 in the case of a municipality of up to 1 999 inhabitants;
(b) 1,25 in the case of a municipality between 2 000 and 9 999 inhabitants;
(c) 1,3 in the case of a municipality between 10 000 and 49 999 inhabitants;
(d) 1,35 if it is a municipality of over 50 000 inhabitants.
Price increase coefficient
(1) The price increase coefficient shall be determined from the statistical table referred to in Article 4 (5) "2.1. Indices of realised prices of older flats," sub-table "Index (average 2010 = 100)" from index values for "Czech Republic total" share of value for the last published quarter and values for the same quarter prior to 3 years of bankruptcy decision.
(2) The index share is rounded to 2 decimal places.
Coefficient of persons taken into consideration
(1) If the debtor's residence is a house, the coefficient of consideration shall be applied to the house. In other cases, the coefficient of account of persons for the flat shall be applied.
(2) The coefficient of the persons to be taken into account for the flat is:
(a) 0,85 where there is no person taken into account;
(b) 1,00 in the case of 1 person taken into account;
(c) 1,30 in the case of 2 or 3 persons taken into account; or
(d) 1,60 in the case of 4 or more persons taken into account.
(3) The coefficient of the persons taken into account for the house shall be:
(a) 0,70 where there is no person taken into account;
(b) 1,00 in the case of 1 to 3 persons taken into account; or
(c) 1,15 in the case of 4 or more persons taken into account.
Efficacy
This Regulation shall take effect on 1 August 2019.
Prime Minister:
Ing. Babiš v. r.
Minister of Justice:
Mgr. Benešová v. r.
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Regulation Information
| Citation | Decree No. 189 / 2019 Coll., on how to determine the value of dwellings which the debtor is not obliged to issue for redemption |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.07.2019 |
|---|---|
| Effective from | 01.08.2019 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Civil law
Civil law substantive
The regulation text is for informational purposes only.
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