Government Decree No. 2 / 2023 Coll.
Government Regulation on the terms and conditions for the use of funds by the State Fund to support investment in the revitalisation of the old construction site (brownfields) financed by the Recovery and Resistance Instrument
Valid
Effective from 15.01.2023
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2
GOVERNMENT REGULATION
of 21 December 2022
on the terms and conditions for the use of the State Fund's funds to support investment in the revitalisation of the old construction site (brownfields) financed by the Recovery and Resistance Instrument
The Government orders the implementation of Act No. 211 / 2000 Coll., on the State Fund for Investment Support, as amended by Act No. 391 / 2002 Coll., Act No. 482 / 2004 Coll., Act No. 61 / 2005 Coll., Act No. 179 / 2005 Coll., Act No. 71 / 2010 Coll., Act No. 239 / 2012 Coll., Act No. 276 / 2012 Coll., Act No. 111 / 2018 Coll., Act No. 307 / 2018 Coll., Act No. 113 / 2020 Coll. and Act No. 261 / 2021 Coll.:
GENERAL PART
Subject matter
This Regulation regulates the conditions for the use of the State Fund for Investment Support ("the Fund ') in the form of a subsidy granted for the revitalisation of the old construction site (brownfields) financed by the Recovery and Resistance Instrument (1).
Definition of terms
(1) For the purposes of this Regulation:
(a) the land and, where appropriate, the complex set of associated land and the construction which:
1. is part of, or is situated on, this land which is not fit to serve the intended purpose and is not used for that purpose; or
2. has been part of, or has been located on, the land, in the period from 1 January 2015 and has not been fit to serve the intended purpose at the date of its removal and has not been used for that purpose, provided that the land has not been transferred to the agricultural land fund,
(b) civil equipment construction or land intended for
1. education, education or sport;
2. culture,
3. social purposes,
4. social services or family care,
5. the needs of an integrated rescue system component or the protection of the population;
6. the performance of public administration tasks; or
7. health services,
(c) a natural carbon storage site of a territory where no buildings are located after revitalisation and which is created for the purpose of binding carbon dioxide by photosynthesis into soil and vegetation, and is a territory
1. a forest park in the built-up territory of the municipality; or
2. forest based on the forest economic plan in force in the adjacent or nearest forest location outside the built-up territory of the municipality;
(d) by revitalisation of the adaptation of an area with an old construction load resulting from civil equipment or a natural carbon storage, covering all activities under § 5 (a), § 5 (b) and (c) or § 10 (a) or (c);
(e) by authorising the revitalisation of a decision or other act of a building office, a public contract or notification of a building project with an authorised inspector certificate required for the purpose of the subsidy under the building law;
(f) finalising the revitalisation of the handover and taking over of the work without defects preventing its proper use;
(g) the revitalized territory of the former territories with an old construction load which has been revitalized using a subsidy or a natural carbon storage site.
(2) An area with an old construction load for the purposes of this Regulation shall not include underground construction, infrastructure, runway, waterways, fencing, supporting wall or engineering networks. No subsidy can be granted for these elements.
Conditions for granting the subsidy
(1) The subsidy may be granted to the applicant for a subsidy (the applicant) which:
(a) is the sole owner of an old construction site;
(b) does not have registered arrears with the authorities of the Financial Administration of the Czech Republic and the authorities of the Customs Administration of the Czech Republic, with the exception of a non-payment, which is allowed to wait his payment or the distribution of his payment on repayments, does not have registered arrears on insurance and periodic penalty payments on social security, and does not have a contribution to the state employment policy, with the exception of a refund for repayments, and is not in default of repayments; and
(c) is not the person against whom enforcement of the decision is brought or against whom enforcement proceedings have been initiated.
(2) A subsidy may be granted if:
(a) is the purpose of the grant of revitalisation;
(b) the competent authority of the applicant has approved the investment plan for revitalisation (hereinafter referred to as the "investment plan"), where the applicant is a local authority,
(c) a revitalisation permit has been issued where required;
(d) the applicant has demonstrated that the construction is not fit to serve the intended purpose and is not used for that purpose;
(e) at the date of application
1. the area with an old construction load or part of it is not the subject of an obligation to prevent the use of civil equipment or natural carbon storage to be subject to revitalisation;
2. neither the old building load nor the part thereof is bound by the material burden which would prevent the use of civil equipment or the natural storage of carbon to arise from revitalisation;
3. neither the old construction site nor any part of it is subject to the establishment of a right of construction to prevent the use of civil equipment or a natural carbon storage to be subject to revitalisation;
4. neither the land with an old construction burden nor any part of it is affected by the execution of a decision or execution by the sale of immovable property or by the management of immovable property;
5. the right of ownership to an area with an old construction load or part of it is not transferred to secure the debt; and
6. neither the land with an old construction load nor any part of it is subject to lien without the consent of the Fund;
(f) the applicant has provided a declaration of honour that he has not drawn on or part of the same eligible expenditure and has not received any other support from public budgets;
(g) the applicant has demonstrated that he is not in conflict of interest under the directly applicable European Union Regulation (2);
(h) the beneficiary undertakes to be the sole owner of the old construction site from the date of application until the completion of the revitalisation;
(i) the beneficiary undertakes not to be burdened with the completion of the revitalisation of the area with an old construction load or part thereof without the consent of the Fund by lien or other substantive law relating to a foreign case;
(j) the beneficiary undertakes to prepare at least 70% of the total weight of construction and demolition waste generated for reuse, recycling or restocking;
(k) the applicant has demonstrated that there is no reservation of separate ownership of machinery or other fixed installations under the Civil Code on the items to which the subsidy is to be used, while at the same time committing that such reservation will not be bound on the subject until the completion of the revitalisation;
(l) the land which is part of an old construction site and which is to be part of or is to be located on the date of completion of the revitalisation of the building for which the subsidy under this Regulation has been used is not in the flood area, or the applicant has demonstrated that such a building will be insurer to flood and flood at least up to the amount of the subsidy provided and the Water Authority for the implementation of such construction, modification of the finished construction or maintenance work has given consent or a favourable opinion, if required,
(m) the beneficiary undertakes to ensure that the construction which is subject to revitalisation for the purpose of the creation of civil equipment is insured against natural disasters during the period of revitalisation and thereafter for 10 years after the last civil equipment has been put into service, and that such insurance must be arranged so that, in the event of an insurance event, the claims incurred cover at least the amount of the subsidy granted;
(n) the beneficiary undertakes to complete the revitalisation by 31 December 2025; and
(o) the beneficiary undertakes to initiate, by 31 December 2026, a non-economic use of the civil equipment resulting from the revitalisation.
Request
(1) The application shall include, in addition to the particulars laid down by other legislation, the following:
(a) proof of the applicant's right of ownership to an old construction site, unless it is possible to verify the property register by remote access;
(b) an expert opinion demonstrating that the construction is not fit to serve a specified purpose which is not more than 1 year of age on the date on which the application is submitted if the construction is carried out pursuant to Paragraph 2 (1) (a) (1);
(c) permit the removal of the construction, including the project documentation of the demolition works, if the construction is carried out under § 2 (1) (a) (2);
(d) the investment plan;
(e) proof of the approval of the investment project by the competent authority of the applicant, if the applicant is a territorial unit;
(f) the project documentation of the revitalisation required under the Construction Act for the issue of a building permit or for the declaration, and if any of the activities under the Construction Act are not subject to any of the activities under the revitalisation of a building permit or declaration, a plan of the technological procedure for the implementation of that activity and a related situation drawing or planting plan;
(g) documentation of demolition works where the removal of the construction is the subject of a subsidy;
(h) a simplified waste management plan to which the applicant demonstrates that at least 70% of the total mass of construction and demolition waste generated is ready for reuse, recycling or restocking;
(i) proof of energy performance under the Energy Management Act, if it is about the purpose of the subsidy pursuant to § 5 (a) or § 10 (a) or (c);
(j) the affidavit of the applicant for non-use of the construction for the intended purpose;
(k) an affidavit by the applicant stating that he has neither drawn nor drawn any other support from public budgets on the same eligible expenditure or part thereof;
(l) an affidavit of the applicant containing information on the beneficial owner if the applicant is a legal person other than the territorial authority,
(m) an affidavit from the applicant stating that he is not in conflict of interest under the directly applicable European Union Regulation (2);
(n) an affidavit by the applicant demonstrating compliance with the conditions laid down in Articles 3 (1) (c) and 12 (2) (a) and (b);
(o) confirmation of the authority of the Financial Administration of the Czech Republic and the Customs Administration of the Czech Republic proving compliance with the condition laid down in § 3 (1) (b),
(p) an extract from the record of the criminal record proving compliance with the conditions laid down in Article 12 (2) (c);
(q) the period during which the revitalisation is to be completed and the period during which the use of the civil equipment to be revitalised is to start;
(r) authorisation of revitalisation where required;
(s) the consent or consent of the water authority referred to in Article 3 (2) (l), if necessary for revitalisation; and
(t) other documents required by the Fund in the call for applications.
(2) The Fund is entitled to require the applicant to submit additional supporting documents where necessary to verify the facts as demonstrated in the compulsory terms of the application.
SUBSIDY TO SMALL PROJECTS
Purpose of the use of the subsidy
The subsidy can be applied to:
(a) construction work or superstructure of a building which is part of a territory with an old construction load;
(b) the removal of a building which is part of an area with an old construction load; or
(c) landscaping, green treatment and creation in an area with an old construction load to create a natural carbon storage site.
Applicant
The applicant may only be a territorial body.
Specific conditions for granting the subsidy
The subsidy may be granted if the purpose of the subsidy is:
(a) in accordance with Section 5 (a), if the revitalisation meets the energy performance requirements of the building under the Energy Management Act, the revitalisation will be achieved
1. at least 30% of the savings of non-renewable primary energy against the classification of the reference building;
2. an improvement of two energy performance classes of the building pursuant to the Energy Performance of the Buildings Ordinance; or
3. an improvement of one building energy performance class according to the Energy Performance of Buildings Ordinance, while achieving at least 30% of the savings of non-renewable primary energy compared to the reference building classification; or
(b) in accordance with Section 5 (c), if the applicant creates a natural carbon repository.
The requirements of the investment project
The investment plan shall include:
(a) a description of the area with an old construction load and a description of the location of the buildings which are, or were, part of it or which are located on it;
(b) a description of the technical condition of the buildings to be revitalized;
(c) the total costs of revitalisation and the way in which it is financed;
(d) the item budget of the revitalisation, including items relating to the creation of civil equipment, if any, and to the fulfilment of the cost sharing requirement referred to in Article 9 (2);
(e) the timetable for the revitalisation;
(f) a description of the civil equipment, if any,
(g) a description of the planned use of the individual buildings subject to revitalisation;
(h) a description of the planned financing of the use of individual buildings subject to revitalisation; and
(i) a description of the planned natural carbon storage, if any, if any.
Amount of subsidy
(1) The amount of the grant is at least CZK 3 000 000 and not more than CZK 30 000 000.
(2) In the case of the purpose of the subsidy under Section 5 (a), at least 90% of the amount of the subsidy must be spent to meet the energy performance requirement of the building under the Energy Management Act.
SUBSIDY TO GREAT PROJECTS
Purpose of the use of the subsidy
The subsidy can be applied to:
(a) construction work or superstructure of a building which is part of a territory with an old construction load;
(b) the removal of a building which is part of an area with an old construction load; or
(c) the implementation of the construction in the area with an old construction load.
Applicant
The applicant may be a legal person.
Specific conditions for granting the subsidy
(1) The subsidy may be granted if the purpose of the subsidy is:
(a) in accordance with Section 10 (a), if the revitalisation meets the requirements for the energy performance of the building under the Energy Management Act, the revitalisation will be achieved
1. at least 30% of the savings of non-renewable primary energy compared to the classification of the reference building;
2. an improvement of two energy performance classes of the building pursuant to the Energy Performance of the Buildings Ordinance; or
3. an improvement of one energy performance class of the building under the Energy Performance of Buildings Ordinance, while achieving at least 30% of the saving of non-renewable primary energy compared to the classification of the reference building,
(b) under Paragraph 10 (c), if:
1. the construction will have consumption of non-renewable primary energy, which is at least 20% lower than the requirement for a building with almost zero energy consumption under the Energy Management Act and the Energy Performance of Buildings Decree;
2. the built-up area of the new building shall not exceed the built-up area of the removed building, at least 80% of the built-up area of the new building shall overlap with the built-up area of the removed building; and
3. there is no environmentally significant greenery with a high degree of biodiversity in the area with an old construction load.
(2) The subsidy may be granted to the applicant who:
(a) is not in bankruptcy on the basis of a final decision of the insolvency court, unless its insolvency is resolved by reorganisation or debt relief;
(b) is not in liquidation; and
(c) 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.
The requirements of the investment project
The investment plan shall include:
(a) a description of the area with an old construction load and a description of the location of the buildings which are, or were, part of it or which are located on it;
(b) a description of the technical condition of the buildings to be revitalized;
(c) an indication of the reasons for the construction of the new building instead of the overall reconstruction of the existing building;
(d) the total cost of the revitalisation and the way in which it is financed;
(e) the item budget for revitalisation, including those relating to the creation of civil equipment and to the fulfilment of the cost-sharing requirement referred to in Article 14 (2), if it is for the purpose of the subsidy referred to in Article 10 (a);
(f) the timetable for the revitalisation;
(g) a description of the civil equipment to be revitalized;
(h) a description of the planned use of the individual buildings subject to revitalisation; and
(i) a description of the planned financing of the use of individual buildings subject to revitalisation.
Amount of subsidy
(1) The amount of the subsidy must exceed CZK 30 000 000 and not exceed CZK 500 000 000.
(2) In the case of the purpose of the subsidy under Section 10 (a), at least 90% of the amount of the subsidy must be spent to meet the energy performance requirement of the building under the Energy Management Act.
COMMON PROVISIONS
Eligible costs and drawing on the subsidy
(1) The subsidy can only be used for eligible costs. The eligible costs are those related to the fulfilment of the purpose of applying the subsidy under Section 5 or 10 as specified in the application.
(2) The eligible costs are not value added tax.
(3) The subsidy may be drawn on eligible costs incurred from 1 February 2020 until 31 December 2025.
(4) The beneficiary of the subsidy is obliged to demonstrate the eligible costs in the course of the implementation of the subsidy.
(5) Prior to the start of the drawing-up of the subsidy, the beneficiary will provide evidence
(a) a contract for the insurance of a building which is subject to revitalisation in order to create civil equipment and which is not to be eliminated, at least at the rate of the grant granted for at least the period of revitalisation and 10 years after the date of revitalisation;
(b) a work contract concluded with the contractor;
(c) the technical supervision contract;
(d) documentation on the end of the procurement procedure or the end of the selection procedure; and
(e) an overview of the information relating to public procurement pursuant to the directly applicable European Union Regulation (1).
(6) The subsidy may be drawn if the beneficiary proves that he is not in conflict of interest under the Public Procurement Act and under the Conflict of Interest Act.
Additional conditions for the use of the subsidy
(1) Civil equipment resulting from revitalisation must be used in accordance with its planned use in a manner other than economically, with the exception of Paragraph 17 (1), for at least 10 years after the last civil equipment resulting from revitalisation has been put into service. During this period, the civil equipment must be operated exclusively by the beneficiary of the subsidy, the Czech Republic or by a contributory organisation or a school legal person, a component of the integrated rescue system, or a commercial company of which the beneficiary is the sole shareholder.
(2) The natural carbon storage resulting from revitalisation shall be maintained for a period of 10 years from the completion of the revitalisation.
(3) For a period of 10 years from the date of entry into service of the last civil equipment resulting from revitalisation of the beneficiary
(a) it does not transfer ownership of the revitalised territory or part thereof to another person; and
(b) it shall not burden the revitalised territory or part thereof with a lien, except for the lien for the benefit of the Fund.
(4) The beneficiary of the subsidy shall demonstrate a final assessment of the investment project within the deadline set in the grant contract, which shall include in particular compliance with the conditions of the revitalisation.
(5) The beneficiary is obliged to comply with the rules of publicity in accordance with the directly applicable European Union Regulation during the revitalisation period.
(6) The subsidy may be granted only if the applicant undertakes to fulfil the obligations under paragraphs 1 to 5.
Economic use
(1) Economic use of civil equipment is only possible if such economic use is:
(a) inextricably linked to the non-economic use of civil equipment or necessary for the non-economic use of civil equipment and, in relation to non-economic use of civil equipment, only secondary, or constitutes the usual background of civil equipment; and
(b) the share of such economic exploitation in the total annual capacity of civil equipment shall not exceed 20%.
(2) The economic exploitation of civil equipment referred to in paragraph 1 must be carried out under normal market conditions for a period of 10 years from the date of grant of the subsidy.
(3) For the purposes of determining whether economic use has exceeded the permitted proportion of the total annual capacity of civil equipment, a spatial or time-limited share of the capacity of civil equipment shall be used according to the method of use. The spatial definition of the share shall apply where the area for economic use from other areas is clearly and permanently separated.
Grants
The Fund shall submit to the applicant a proposal for the conclusion of a grant contract if the conditions for granting the grant are met and if the Fund has the funds to grant it.
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Regulation Information
| Citation | Government Decree No. 2 / 2023 Coll., on the Terms and Conditions of Use of Funds of the State Fund for the Promotion of Investment in the Revitalisation of Old Construction Areas (Brownfields), funded by the Recovery and Resistance Instrument |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 05.01.2023 |
|---|---|
| Effective from | 15.01.2023 |
| Effective until | - |
| Status | Valid |
Public Contracts 5
Smlouva o poskytnutí dotace dle NV 2/2023 Sb.,
Státní fond podpory investic
Obec Bukovany
4 518 730 CZK
20.09.2024
Smlouva o poskytnutí dotace dle NV 2/2023 Sb.,
Státní fond podpory investic
Liberecký kraj
17 463 405 CZK
05.06.2024
Smlouva o poskytnutí dotace dle NV 2/2023 Sb.,
Státní fond podpory investic
Obec Velká Hleďsebe
36 300 000 CZK
20.12.2023
Smlouva o poskytnutí dotace dle NV 2/2023 Sb.,
Státní fond podpory investic
Obec Velká Hleďsebe
36 300 000 CZK
20.12.2023
Smlouva o poskytnutí dotace dle NV 2/2023 Sb.,
Státní fond podpory investic
Městys Buchlovice
9 991 939 CZK
19.12.2023
Source:
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