Government Regulation No. 228 / 2010 Coll.
Government Regulation amending Government Regulation No 333 / 2009 Coll., on the conditions for the use of the funds of the State Housing Development Fund to cover part of the costs of building social housing in the form of grants to legal and natural persons
Valid
Regulation
Effective from 01.08.2010
Text versions:
01.08.2010
23.07.2010
228
GOVERNMENT REGULATION
of 12 July 2010
amending Government Regulation No 333 / 2009 Coll., on the conditions for the use of the funds of the State Housing Development Fund to cover part of the costs associated with the construction of social housing in the form of grants to legal and natural persons
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.:
Government Regulation No 333 / 2009 Coll., on the conditions for the use of the funds of the State Housing Development Fund to cover part of the costs of building social housing in the form of grants to legal and natural persons, is amended as follows:
1. In Section 1, the sentence "Creating conditions for social housing is consistent with the public interest of the Czech Republic."
2. In Article 2 (c), the words "without further modifications to construction may be used for housing persons with reduced mobility and comply with the principles for the technical solution set out in the Annex to this Regulation 'are replaced by the words" meets the requirements for wheelchair-free housing under another legislation governing technical requirements for wheelchair-free use of buildings'.
3.
Conditions for the conclusion of rental contracts for social housing
(1) The beneficiary of the subsidy shall conclude a lease contract with a person who proves that his average monthly income in the 12 calendar months preceding the conclusion of the lease contract did not exceed 0,8 times the average monthly salary.
(2) Where the person referred to in paragraph 1 uses the social flat of another person or person constituting the household, the person with whom the lease is to be concluded shall prove that the average net monthly income of the household in the 12 calendar months preceding the conclusion of the lease contract did not exceed:
(a) the average monthly salary in the case of a household with two members;
(b) 1.2 times the average monthly wage for a household of 3 members;
(c) 1,5 times the average monthly wage for a household of 4 members;
(d) 1,8 times the average monthly wage for a household of 5 or more members.
(3) If the lease contract is concluded between 1 July and 31 December, the net monthly income of the person referred to in paragraph 1 or the net monthly income of his household will be compared with the average monthly salary for the immediately preceding calendar year. if the rental contract to the social flat is concluded between 1 January and 30 June, the net monthly income shall be compared with the average monthly wage for the preceding calendar year. ';
4. footnotes 6 to 8 are deleted.
5. In Article 6 (5) (b), the word "or 'shall be added at the end of point 3.
6. In Article 6 (5) (b) (4), the comma is replaced by a dot and the word "or 'is deleted.
7. in Article 6 (5) (b), point 5 is deleted;
8. Paragraph 6 (7) reads as follows:
"(7) The monthly rent from the apartment to which the subsidy has been granted shall not exceed the product of the purchase price of the flat less the subsidy granted and the coefficient of 0,00333. The rent thus determined on 1 July each year, but not earlier than 12 months, may be increased by the inflation rate expressed by the increase in the average index of consumer prices for the 12 months of the last calendar year against the average of 12 months of the preceding calendar year and published by the Czech Statistical Office."
9. Paragraph 8 (8) reads as follows:
"(8) The beneficiary of the subsidy can also use the funds from the State Environmental Fund provided by the Ministry of the Environment Directive under the Green Savings Programme to build a social apartment. However, where these funds are granted, entitlement to an increase in the subsidy referred to in paragraphs 5 and 6 may not be claimed. Where a subsidy is granted under the" Green Savings "programme for the use of renewable energy sources for heating and hot water preparation, the investment costs for implementing the measures related thereto shall not be taken into account in the total investment costs relevant for the calculation of the total amount of the subsidy referred to in paragraph 7. ';
10. in Article 9 (3), the following point (b) is inserted after point (a):
"(b) a final building permit or a public contract for the execution of a building permit which may be replaced, an authorised inspector's certificate, an agreement to carry out the notified construction, a declaration by the applicant that no decision has been given by the building authority to prohibit the implementation of the notified building, or a declaration by the applicant that the construction modifications do not require a building permit or a declaration;"
Points (b) to (f) shall be renumbered as points (c) to (g).
11. in Article 9 (3), point (c) is deleted;
Points (d) to (g) shall be renumbered (c) to (f).
12. in Article 9 (3), the words "and no risk of bankruptcy" shall be added at the end of the text of point (e).
13. In Article 9, at the end of paragraph 3, the dot is replaced by a comma and the following points (g) to (l) are added:
"(g) the written opinion of the municipality in whose territory the construction is to be carried out on the need for the construction of social housing; where the applicant is a municipality, no opinion is required;
(h) a construction contract concluded with the contractor of the construction, unless the applicant himself carries out the construction;
(i) in the case of construction of more than 12 social flats, proof that the contractor of the building has an established quality management system according to the applicable Czech standards;
(j) a summary technical report setting out the number of social apartments and the ground features of each floor, identifying all social apartments;
(k) the bank's promise to grant a bank loan, which is also considered to be conditional on the granting of a grant under this Regulation, or a bank loan contract, if the bank's credit is also the source of the financial envelope, or a declaration that the applicant has sufficient own funds to cover the construction;
(l) in the case of a subsidy application pursuant to Article 8 (5) or (6), proof of the energy performance of buildings under another legislation (5) and a declaration that it has neither used nor used the funds from the programme referred to in Article 8 (8). "
14. In Article 10, at the end of paragraph 1, the sentence "The grant contract must comply with the requirements laid down in the European Union Regulation on State aid to services of general economic interest (13) or the directly applicable European Union Regulation on aid to small-scale (14)."
footnotes 13 and 14 are as follows:
"(13) Commission Decision of 28 November 2005 on the application of Article 86 (2) of the EC Treaty to State aid in the form of public service compensation granted to certain undertakings entrusted with the operation of services of general economic interest (notified under document number C (2005) 2673) (2005 / 842 / EC).
(14) Commission Regulation (EC) No 1998 / 2006 of 15 December 2006 on the application of Articles 87 and 88 of the Treaty to de minimis aid. "
15) Paragraph 10 (3) and (4), including footnote 12, are deleted.
16. the Annex is deleted.
Transitional provision
The procedure for the application for a subsidy initiated before and until the date of entry into force of this Regulation shall be completed and the rights and obligations relating to it shall be assessed in accordance with Government Regulation No 333 / 2009 Coll., as effective by the date of entry into force of this Regulation. However, if an applicant for a subsidy who submitted an application before the date of entry into force of this Regulation, which has not yet been decided, fulfils the conditions laid down in Government Regulation No 333 / 2009 Coll., as amended by this Regulation, within 2 months of the date of entry into force of this Regulation, the procedure for the application and the rights and obligations relating thereto shall be completed and assessed in accordance with Government Regulation No 333 / 2009 Coll., as effective from the date of entry into force of this Regulation.
This Regulation shall enter into force on the first day of the calendar month following its publication.
Prime Minister:
Ing. Fischer, CSc., v. r.
Minister for Local Development:
Ing. Vondruška v. r.
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Regulation Information
| Citation | Government Regulation No. 228 / 2010 Coll., amending Government Regulation No. 333 / 2009 Coll., on the conditions for the use of funds of the State Housing Development Fund to cover part of the costs associated with the construction of social housing in the form of grants to legal and natural persons |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.07.2010 |
|---|---|
| Effective from | 01.08.2010 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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