Government Decree 248 / 1997 Coll.
Government Regulation amending and supplementing Government Regulation No. 190 / 1997 Coll., on the granting of financial assistance in the area of housing to citizens affected by floods in 1997
Valid
Regulation
Effective from 07.10.1997
Text versions:
07.10.1997
248
GOVERNMENT REGULATION
of 3 September 1997
amending and supplementing Government Decree No. 190 / 1997 Coll., on granting financial assistance in the area of housing to citizens affected by floods in 1997
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 / 1997 Coll.:
Government Decree No. 190 / 1997 Coll., on the granting of financial aid for housing to citizens affected by floods in 1997, is amended as follows:
1. In Article 1 (1), the words "1997 (" flood "), in form" shall be replaced by "and in August 1997 or landslides due to excessive rainfall in that period (" flood "), in form."
2. Article 2 (1), including Notes 1), 2) and 3) shall read as follows:
"(1) Citizens who, on 4 July 1997 (" the applicable date "), were owners of a house with at least one bytof1) (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 on which a final decision on the removal of the building was issued as a result of the flood (hereinafter referred to as" the house "), or who, in the context of the floods, were destroyed or, in the context of rescue work, removed (hereinafter referred to as" the removed object "), a contribution of CZK 150 000 for each apartment in the removed building, shall be granted via the district office responsible for the place of removal (hereinafter referred to as" the district office "the district office"). "
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. '
3. Paragraph 2 (3) is deleted. Paragraph 4 shall become paragraph 3.
4. in § 3 (1), in § 5 (1), in § 6 (1), in § 11 (1) and in § 15, the words "until 31 December 1997" are replaced by the words "until 31 May 1998."
5. Paragraph 4 (1), including footnote 7, reads as follows:
"(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) will receive a contribution of CZK 150 000 for the apartment in the removed building.
7) E.g. Sections 51 and 151n of the Civil Code. '
6. In Paragraph 4 (2), the words "removed apartment 'are replaced by the words" apartment in the removed building' and the words "between those users' are replaced by the words" between the common users'.
7. In Paragraph 4 (3), the words "in the removed apartment 'are replaced by the words" in the apartment in the removed building'.
8. in Article 5 (1) (a), the word "removed" shall be deleted.
9. in Article 5 (1) (b), the word "removed" shall be deleted.
10. in Article 5 (1) (c), the word "removed" shall be deleted;
11. in Paragraph 6 (1) (a), the word "removed" shall be deleted.
12. In Article 7, the following paragraph 3 is inserted after paragraph 2:
"(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."
Paragraph 3 shall become paragraph 4.
13. in Article 7 (4), the words "the provisions of paragraphs 1 and 2" shall be replaced by the words "the provisions of paragraphs 1 to 3";
14. in Paragraph 8 (2) (a) (1), the reference to footnote 8 (a) shall be inserted after the words "family house." the following note No 8a is inserted after footnote 8:
"8a) § 44 (1) of Decree No. 83 / 1976 Coll. '.
15.
Citizens who, on the relevant day, were owners of a house or apartment owned for permanent housing and the building or part of it was destroyed by the flood, removed in the context of rescue work or a final decision on the removal of the building or part of it was given to them, will be reimbursed by the District Office for the cost of removal of the building or part thereof on written application submitted before 31 May 1998. 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). ';
16. Paragraph 15 shall become paragraph 1 and the following paragraphs 2, 3, 4, 5 and 6 shall be added:
"(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.
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. '.
17. the following Section 18a is inserted after Paragraph 18:
The Minister for Local Development may grant an exemption from the condition of permanent residence if the citizen is not a tenant of another apartment or does not use another apartment for any other legal reason. 7) 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 citizen's request shall be accompanied by his opinion by a representative of the District Office and the mayor of the municipality concerned. '.
This Regulation shall enter into force on the day of its publication.
Prime Minister:
Prof. Ing. Klaus CSc.
Minister for Local Development:
Ing. Quapil v. r.
Minister of Finance:
Ing. Pilip v. r.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Government Decree No. 248 / 1997 Coll., amending and supplementing Government Decree No. 190 / 1997 Coll., on the granting of financial aid in the area of housing to citizens affected by floods in 1997 |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 07.10.1997 |
|---|---|
| Effective from | 07.10.1997 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0