Decree No. 190 / 1997 Coll.
Government Regulation on the granting of financial assistance in the area of housing to citizens affected by floods in 1997 or 1998
Valid
Regulation
Effective from 15.08.1997
190
GOVERNMENT REGULATION
of 23 July 1997
on granting financial assistance for housing to citizens affected by floods in 1997 or 1998
The Government mandates the implementation of the Act of the Czech National Council No. 576 / 1990 Coll., on the Rules of Management of the Budget Funds of the Czech Republic and of the Municipality of the Czech Republic (Budget Rules of the Republic), as amended by the Act of the Czech National Council No. 579 / 1991 Coll., Act of the Czech National Council No. 166 / 1992 Coll., Act of the Czech National Council No. 321 / 1992 Coll., Act No. 160 / 1995 Coll.:
SUBJECT MATTER OF THE ADJUSTMENT
(1) This Regulation provides for the granting of financial assistance from the State Budget to those affected by floods in July and August 1997 or July 1998, and also for landslides due to excessive rainfall in those periods (hereinafter referred to as "floods'), in the form of:
(a) non-refundable contribution (hereinafter referred to as "contribution");
(b) repayable loans for the acquisition of a family house or apartment (hereinafter referred to as "loan"); or
(c) reimbursement of the costs of removal of the construction.
(2) The contribution, loan or reimbursement of the costs of the removal of the construction can only be granted to natural persons who are citizens of the Czech Republic who are resident in the Czech Republic (hereinafter referred to as "the citizen") and fulfil the other conditions laid down in this Regulation.
CONTRIBUTIONS
Contributions to owners
(1) Citizens who, on 4 July 1997 or, in the case of a flood in July 1998, on 22 July 1998 (hereinafter referred to as "the operative date"), were owners of a house with at least one by1 (hereinafter referred to as "the house") or owners of an apartment owned by a special regulation (hereinafter referred to as "the owner's apartment") in a house which, as a result of the flood, was the subject of a final decision on the removal of the building (3), or which, in connection with the floods, was destroyed or in the context of rescue work (hereinafter referred to as "the removed object"), a contribution of CZK 150 000 for each apartment in the removal facility.
(2) Citizens who were co-owners of the object removed on the relevant day will receive a contribution of CZK 150,000 for each apartment in the object removed by dividing it by the size of the shares. If one of the co-owners does not fulfil the conditions for the grant, the total amount of the contribution shall be distributed among the co-owners meeting the conditions for the grant. Similarly, if the object removed was in share ownership of the spouses, it is considered that the shares of the two spouses on the object removed are the same.
(3) The condition for the grant is that the citizen lived permanently in the removed building on the relevant day and was registered for permanent residence there. 6)
(1) The contribution shall be granted by the district office, at the request of the citizen in writing, by 31 May 1999 or, in the case of floods in July 1998, by 31 May 2000 and supported by:
(a) a final decision to remove the construction with the confirmation of the construction office that the decision was given as a result of damage to the construction of the flood or, where appropriate, the confirmation of the construction office that the construction was destroyed in connection with the floods or in the context of rescue work;
(b) by a final approval decision in the event that there were several flats in the removed building,
(c) an extract from the property register confirming the ownership or co-ownership of the object or, where applicable, the apartment owned in such an object, or the content of the burden in kind,
(d) a certificate from the competent authority, (6) containing a list of persons who have been registered for permanent residence on the removal of the object on the relevant day.
(2) The facts set out in the documents referred to in paragraph 1 (a) must be verified and certified by the District Office.
Contributions to tenants
(1) Citizens who, on the relevant day, were tenants of the apartment in the removed building or the apartment in the removed building used it for another legal reason, 7) a total amount of CZK 150 000 per apartment in the removed building will be provided via the district office.
(2) Citizens who were common tenants of an apartment in a removed building or used it together for another legal reason (hereinafter referred to as "common users") will be allocated the total amount of the contribution of CZK 150 000 equally to those common users who fulfil the conditions for the contribution.
(3) The condition for the grant is that the citizen lived permanently in the apartment on the date of the removal and was registered for permanent residence. In that case, the owner shall not receive a contribution for the flat.
(1) The contribution shall be granted by the district office, at the request of the citizen in writing, by 31 May 1999 or, in the case of floods in July 1998, by 31 May 2000 and supported by:
(a) by a final decision to remove the building in which the apartment was situated, confirming that the decision was given as a result of damage to the building of the flood or, where appropriate, by confirming that the building was destroyed in connection with the flood or in the context of rescue work;
(b) a lease agreement or proof of any other legal reason for the use of an apartment, including whether it is a common user of an apartment;
(c) a certificate from the competent authority listing the persons who were registered for permanent residence in the apartment on the relevant day.
(2) The facts set out in the documents referred to in paragraph 1 (a) must be verified and certified by the District Office.
(1) If, for the period from the date of the decision to 31 May 1999 or, in the case of floods in July 1998, until 31 May 2000, the death of a citizen referred to in paragraphs 1 and 2 of Paragraph 4 who fulfilled the conditions for granting a contribution under this Regulation, the allowance or part thereof shall be granted to his relatives in a series of direct, siblings or spouses, provided that:
(a) they lived permanently in the flat on the day of the decision;
(b) have been applied for permanent residence;
(c) live with the citizen from the day in question until his death in the common household,
(d) satisfy the conditions laid down in Paragraph 1 (2);
(e) the contribution under this Regulation has no longer been granted to the legal predecessor.
(2) Paragraph 4 shall apply mutatis mutandis to the amount of the contribution granted.
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(1) Citizens who were owners of the object removed on the relevant day will receive a loan of up to CZK 850 000 for each apartment in the object removed. The interest rate on the loan is 4% per year.
(2) Citizens who were co-owners of the object removed on the relevant day will receive a loan of up to CZK 850 000 for each apartment in the object removed; the loan is distributed according to the size of their joint ownership shares. If one of the co-owners does not fulfil the conditions for granting the loan, the co-owners fulfilling the conditions for granting the loan may increase proportionally the proportion of the total amount of the loan. Similarly, if the object removed was in share ownership of the spouses, it is considered that the shares of the two spouses on the object removed are the same.
(3) No more than three loans may be granted to the citizens referred to in paragraphs 1 and 2 for flats in a single removed building.
(4) The provisions of paragraphs 1 to 3 shall also apply to citizens who, on the relevant day, used the removed building for housing on the basis of the right arising from the burden in kind, unless the conditions for granting the loan are met by the owner.
(1) The condition for granting the loan to the citizens referred to in Section 7 is that:
(a) the citizen lived permanently in the removed building on the relevant day and was registered for permanent residence;
(b) the loan is granted to the citizen for the purpose of acquiring the flat;
c) an apartment purchased with the aid of a loan will be located in the territory of the Czech Republic,
(d) the repayment of the loan shall be secured by lien; (8) the mortgage shall be the property.
(2) The acquisition of an apartment means:
(a) if the citizen is a builder
1. the construction of a family home 8a) or an apartment owned,
2. a change in the building of the family house, which is obtained without the use of the existing living rooms by a new separate apartment,
3. a change in another building which, without the use of existing living rooms, will be acquired by a new separate apartment;
4. the construction work of non-residential premises or superstructures, extension or installation into soil areas to obtain a new separate apartment owned,
(b) the acquisition by the citizen of ownership of the family home or apartment, provided that the previous owner has not been granted the loan.
If several builders are building a house with several apartments together, a loan shall be granted to each of them; the number of loans granted must not exceed the number of flats built. Only one loan may be granted to the spouses.
Conditions for the use of the loan
(1) A citizen referred to in § 8 (2) (a) may use the loan funds only under the following conditions:
(a) implement construction in accordance with construction regulations;
(b) the construction shall be completed in such a way that the approval decision becomes final within five years of the granting of the loan;
(c) the loan is used only to cover the cost of the construction;
(d) a family home or an apartment that is owned will be owned by it until the loan is paid off and will be used until the end of that period for its permanent residence.
(2) A citizen referred to in § 8 (2) (b) may use loan funds only under the conditions set out in paragraph 1 (c) and (d).
Procedure for granting the loan
(1) The loan will be granted on the basis of a written request submitted by 31 May 1999 or, in the case of floods in July 1998, by 31 May 2000 at the bank responsible. 9) The citizen shall document the application with the documents referred to in Section 3. The mandated bank shall forward the applications together with documents confirming compliance with the conditions for granting the loan to the Ministry of Regional Development, which shall decide on the application. 10).
(2) On the basis of the decision granting the loan, the mandated bank will release the amount of the loan to the citizen from an interest-free account with one of the selected 9) financing banks (hereinafter the "financing bank").
Loan maturity
(1) The loan, including interest, is due no later than 20 years after the decision to grant it. It may be postponed for a maximum of three years from the date of the loan decision.
(2) The loan is repaid by monthly instalments to the account of the entrusted bank. The amount of monthly instalments shall be at least equal to the average amount of the instalment in regular monthly instalments.
Payment and use of the loan
(1) The amounts used for the granting of loans, interest and funds paid up and, where appropriate, the sums recovered shall be settled by the entrusted bank with a State budget.
(2) The funds granted to the loan may be used by the citizen for a maximum period of three years from the decision granting the loan. The mobilisation of funds shall be carried out by the financing bank in a similar manner to the mobilisation of the mortgage loan provided by the mortgage bank11) and in accordance with the conditions set out in Section 8 of this Regulation.
(3) A citizen shall immediately repay the loan if he does not comply with one of the conditions set out in Sections 8 and 10.
(4) If, after the termination of the marriage or agreement of the spouses (12), the spouse of the citizen to whom the loan has been granted shall not be required to repay the loan without delay if the new owner of the family home or apartment in possession takes over the original owner's obligations under § 8 and 10.
(5) If a citizen ceases to own a family home or apartment before the loan is repaid as a result of the transfer of ownership through inheritance, and if the cases referred to in paragraph 4 are not the case, no immediate repayment of the loan shall be required if the new owner becomes a citizen and takes over the original owner's obligations under § 8 and 10.
(6) If, for the reasons referred to in paragraphs 4 and 5, the transfer of ownership of the family home or the apartment to which the loan has been granted is carried out before the loan is repaid, the application shall be treated mutatis mutandis in accordance with paragraphs 4 and 5.
REFUNDS ON BUILDING COSTS
Citizens who, on the relevant day, were owners of a house or apartment owned for permanent housing and the building or part thereof was destroyed by the flood, removed in the context of the rescue work or were given a final decision to remove the building or part of it, will be reimbursed, through the district office, for the cost of removal of the building or part of the building on the basis of a written request submitted by 31 May 1999 or, if the flood is in July 1998, by 31 May 2000. If the costs of the removal of the construction or part of the construction were borne by the municipality, they shall be reimbursed by the district office on written request; The municipality may ask for reimbursement of costs in aggregate for several objects removed. The condition for granting the refund is that the costs of removal of the construction or part of it will be documented and that their price does not exceed the normal prices. The application shall be accompanied by the documents referred to in Articles 3 (1) (a) and (c) and 3 (2).
COMMON AND FINAL PROVISIONS
Financial assistance in other cases
(1) The allowance, loan or reimbursement of the costs of the removal of a building under this Regulation shall also be granted, on written request, to a citizen who, from the date of the applicable date until 31 May 1999 or, in the case of floods in July 1998, before 31 May 2000, has transferred or transferred ownership of the object removed after the termination of the marriage or inheritance, provided that he was permanently resident on the said date and was registered for permanent residence and that the contribution, loan or reimbursement of the costs of the removal of the building has not been granted to the previous owner.
(2) Financial assistance shall be granted to a citizen - owner who has lived in the building of a house or apartment owned by a building authority for early use, provided that the other conditions laid down in this Regulation are met, with the exception of the condition of permanent residence.
(3) If the apartment has been destroyed by the removal of part of the building pursuant to a final decision to remove part of the building as a result of the flood, the destruction of part of the building in connection with the flood or the removal of part of the building in the context of the rescue work (the "deceased apartment '), a permanent residence allowance and loan shall be granted to the citizen-owner of the building with the deceased apartment. Paragraphs 1 and 2, 3, 7 to 13 shall apply mutatis mutandis.
(4) The loan is also granted to a citizen who has used the deceased apartment on the basis of the right arising from the burden in kind, provided that he has resided permanently on the relevant day and has been registered for permanent residence unless the owner fulfils the conditions for granting the loan. Paragraphs 1 and 7 to 13 shall apply mutatis mutandis.
(5) The allowance shall also be granted to a citizen who was a tenant of a deceased apartment or used it for another legal reason, 7) if he lived permanently on the deceased apartment on the relevant day and was registered for permanent residence there. In such a case, the owner shall not receive the allowance for the deceased apartment. Paragraph 4 to 6 shall apply mutatis mutandis.
(6) The loan and reimbursement of the cost of the removal of the building shall also be granted to the citizen - owner of the built-in apartment owned and built-in building, 12a) provided that the other conditions laid down in this Regulation are met, with the exception of the conditions for applying for permanent residence and permanent residence.
If a citizen asks for a contribution or loan for multiple flats in the removed building and cannot provide proof of the relevant building documentation or other means that there were multiple flats in the removed building, it is considered that there was only one apartment in the removed building.
Control of compliance
(1) In the management and control of the funds used for the payment of contributions, loans and reimbursement of the costs of the removal of the construction and monitoring of compliance with the conditions laid down in this Regulation, the territorial financial authorities shall proceed (13) as in the management of subsidies under a special regulation. 14)
(2) Where it is established that the contribution, loan and reimbursement of the costs of the removal of the construction have been granted, taken, used or paid in contravention of this Regulation, the Financial Office shall order the funds unduly granted, drawn, used or withheld to be transferred to the State budget and shall impose periodic penalty payments in accordance with a special regulation. 15)
The provision of financial assistance for residential construction under the Specific Regulations (16) shall not take account of financial assistance granted under this Regulation.
(1) The Minister for Local Development may, in cases of special consideration, grant an exemption in the event of non-compliance on the relevant date
(a) permanent residence (§ 2 (3), § 4 (3), § 6 (1) (b), § 8 (1) (a), § 15 (1) and § 15 (3) to (5)),
(b) permanent residence (§ 8 (1) (a) and § 15 (1) and (3)) as regards the granting of the loan and reimbursement of the costs of the removal of the construction;
(c) the existence of a material burden (Sections 7 (4) and 15 (4)); or
(d) use of the house or apartment owned for permanent residence on the relevant day (§ 14)
provided that the contribution, loan or reimbursement of the costs of the removal of the building has not been granted to another person.
(2) The Minister for Local Development shall decide on the exemption on the basis of a written request from the citizen submitted through the District Office. The application shall be accompanied by the opinion of the Head of the District Office and the Mayor of the municipality concerned.
Efficacy
This Regulation shall enter into force on 15 August 1997.
Prime Minister:
Prof. Ing. Klaus CSc.
Minister for Local Development:
Ing. Quapil v. r.
Minister of Finance:
Ing. Pilip v. r.
1) Paragraph 42 (3) of Decree No. 83 / 1976 Coll., on General Technical Requirements for Construction, as amended.
2) Act No. 72 / 1994 Coll., which regulates certain joint ownership relations with buildings and certain ownership relationships with apartments and non-residential premises and complements certain laws (the Housing Act), as amended.
3) § 88 et seq. of Act No. 50 / 1976 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended.
4) § 82 of Act No. 50 / 1976 Coll. § 42 paragraph 3 of Decree No. 83 / 1976 Coll.
5) Article 151n of the Civil Code.
6) Act No. 135 / 1982 Coll., on the reporting and registration of residents.
7) E.g. § 51 and 151n of the Civil Code.
8) § 151a et seq. of the Civil Code.
8a) § 44 (1) of Decree No. 83 / 1976 Coll.
9) Act No. 199 / 1994 Coll., on Public Procurement, as amended by Act No. 148 / 1996 Coll.
10) Act No. 71 / 1967 Coll., on Administrative Procedure (Administrative Regulations).
11) Act No. 21 / 1992 Coll., on Banks, as amended. Act No. 530 / 1990 Coll., on Bonds, as amended.
12) Article 143a of the Civil Code.
12a) § 27 (j) and (k) of ČNR Act No. 344 / 1992 Coll., on the cadastral property of the Czech Republic (cadastral law), as amended by Act No. 89 / 1996 Coll.
13) Act No. 531 / 1990 Coll., on Territorial Financial Bodies, as amended.
14) Act No. 337 / 1992 Coll., on the Administration of Taxes and Fees, as amended. Act ČNR No. 576 / 1990 Coll., on the Rules of Management of Budget Resources of the Czech Republic and Municipality in the Czech Republic (Budget Rules of the Republic).
15) § 30 of ČNR Act No. 576 / 1990 Coll.
16) For example, § 3 (d) of Decree-Law No 148 / 1997 Coll., on the granting of an interest-free loan for the housing construction of citizens.
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Regulation Information
| Citation | Government Decree No. 190 / 1997 Coll., on the granting of financial assistance in the area of housing to citizens affected by floods in 1997 or 1998 |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 12.08.1997 |
|---|---|
| Effective from | 15.08.1997 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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