Government Decree No 257 / 2021 Coll.
Government Regulation on the use of funds by the State Investment Support Fund in the form of a grant and loan for the renewal of dwellings affected by a natural disaster on 24 June 2021
Valid
Regulation
Effective from 30.06.2021
257
GOVERNMENT REGULATION
of 28 June 2021
on the use of funds by the State Investment Support Fund in the form of a grant and a loan for the renewal of dwellings affected by a natural disaster on 24 June 2021
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. and Act No. 113 / 2020 Coll.:
Subject matter
This Regulation lays down the conditions for the use of funds from the State Investment Support Fund ("the Fund ') in the form of a subsidy and credit granted to legal and natural persons for the renewal of dwellings affected by a natural disaster on 24 June 2021.
Definition of terms
For the purposes of this Regulation:
(a) a natural disaster which has caused damage to the recipient's residence resulting from an extremely strong wind (tornado or downburst) on 24 June 2021;
(b) a real estate item comprising at least one flat which has been affected by a natural disaster; a building for individual recreation affected by a natural disaster shall also be considered as a residence where the person referred to in Article 3 (2) has a permanent residence; the housing is also considered as a built-in dwelling, which is a built-in housing building, which has been affected by a natural disaster,
(c) a new residence real estate item comprising at least one apartment which has been acquired or constructed using the funds provided for in this Regulation as a replacement for the dwelling in the event that the dwelling has ceased to exist due to a natural disaster or demolition; a building for individual recreation, which has been acquired or built using funds under this Regulation, shall also be considered as a replacement for the dwelling in the event that the dwelling has ceased to exist due to a natural disaster or demolition;
(d) demolition
1. demolition or demolition work on the dwelling;
2. the cleaning of the land in which the dwelling is or on which the dwelling is located, from the sewerage, sewerage or other foreign objects which have been affected by a natural disaster;
3. land work, where a natural disaster has caused a breach of the surface of the land; or
4. drainage of the parcel of which the dwelling is part;
(e) renewal
1. repair of dwellings or parts thereof damaged in the context of a natural disaster, for the purpose of putting the dwelling into operational condition and, where appropriate, partial demolition thereof;
2. construction of new dwellings, including any demolition of dwellings,
3. acquisition of new dwellings by purchase or purchase at auction;
4. in the case of a built-up dwelling, repair or construction into a state prior to damage by a natural disaster;
(f) support for a subsidy or loan under this Regulation.
Conditions for granting aid
(1) Recovery aid may be granted to a person who is the owner or co-owner of the dwelling and to a community of unit owners, if it is established in the house.
(2) Recovery aid may be granted to a person referred to in paragraph 1 who, at the time of the natural disaster:
(a) use the dwelling;
(b) provide the dwelling or part of the dwelling to another person under a lease contract;
(c) provide the residence or part thereof for the residence of the spouse, registered partner or person directly related to it; or
(d) has been a building builder for housing that has not been completed on the day of the natural disaster.
(3) Aid may be granted only for renewal under Article 2 (e) (1) or (3) to the person who leased the dwelling on the date of the natural disaster.
(4) Aid may be granted if the following conditions are met:
(a) the aid application shall be submitted to the Fund within 2 years of the date on which the disaster occurred in the home;
(b) the credit shall be secured at least up to its outstanding amount during the period of repayment.
(5) Furthermore, for the grant of the aid for the correction provided for in Article 2 (e) (1),
(a) aid may be granted to repair the damage caused by a natural disaster to the dwelling and, where appropriate, to a partial demolition which will not result in the removal of the building;
(b) the correction shall be completed within 3 years of the conclusion of the last aid contract.
(6) Furthermore, for the grant of construction aid under § 2 (e) (2), the aid may be granted if:
(a) the dwelling has been destroyed or irreparably damaged, or all dwellings of the dwelling are no longer habitable due to a change in their use;
(b) construction takes place outside the flood area; This does not apply if the dwelling is insurer to the flood and at the same time it is given a favourable opinion by the water authority with any restrictive conditions for construction,
(c) construction will be completed no later than 3 years after the conclusion of the last aid contract;
(d) during the construction period, the construction and assembly insurance of the new housing in the event of a natural disaster is agreed, up to the amount of the loan granted.
(7) Furthermore, for the grant of the acquisition aid referred to in Article 2 (e) (3), the aid may be granted for this purpose if:
(a) the dwelling has been destroyed or irreparably damaged, or all dwellings of the dwelling are no longer habitable due to a change in their use;
(b) the new dwelling acquired is outside the flood area; This does not apply if the dwelling is insurer to the flood and at the same time it has been given a favourable opinion from the Water Authority with any restrictive conditions for construction,
(c) the acquisition of a new dwelling in the case of the beneficiary referred to in paragraph 2 (b) shall take place no later than 6 months after the conclusion of the last aid contract.
(8) Paragraph 3 (5) and (6) shall apply mutatis mutandis to the grant of the recovery aid pursuant to Paragraph 2 (e) (4).
(9) The aid may not be granted for costs already reimbursed by the State to the applicant for compensation for the natural disaster.
Aid application
(1) The aid application shall contain:
(a) the name and, where appropriate, the names and surnames, the address of the place of permanent residence and the date of birth, if the applicant is a natural person;
(b) the name and, where applicable, the name and surname, business name, identification number of the person and address of the place of permanent residence, or registered office, if different from the address of the permanent residence, if the applicant is the natural person undertaking,
(c) the firm or name, the identification number of the person and the registered office, if the applicant is a legal person;
(d) the date and, where appropriate, the time when the disaster occurred;
(e) identification of the dwelling according to the property register; in the case of a built-up dwelling, an identification according to a building permit or other procedure under a building law, if they cannot be identified by a property register,
(f) the amount of subsidy or credit required;
(g) information on the amount of expected claims.
(2) The applicant shall accompany the aid application for the correction referred to in Article 2 (e) (1):
(a) an affidavit stating that he was resident at the time of the natural disaster when he was resident;
(b) an affidavit stating that his spouse, registered partner or person related to the applicant has been resident in the residence, where the applicant has provided such person with a residence;
(c) a lease contract where the dwelling has leased at the time of the occurrence of the natural disaster;
(d) photodocumentation of homes damaged by natural disasters;
(e) proof of the estimated cost of compensation for damage to the dwelling.
(3) The application for construction aid pursuant to Article 2 (e) (2) shall be accompanied by:
(a) an affidavit stating that at the time of the natural disaster the applicant or his spouse, a registered partner or a person related to the applicant was resident in the residence;
(b) proof that the dwelling has disappeared or has been irrevocably damaged as a result of a natural disaster or, where appropriate, evidence of a change in the use of all dwellings due to their non-habitability.
(4) The applicant shall accompany the aid application for acquisition referred to in Article 2 (e) (3):
(a) an affidavit stating that he was resident at the time of the natural disaster when he was resident;
(b) an affidavit stating that his spouse, registered partner or person related to the applicant has been resident in the residence, where the applicant has provided such person with a residence;
(c) a lease contract where the dwelling has leased at the time of the occurrence of the natural disaster;
(d) proof that the dwelling has disappeared or has been irrevocably damaged as a result of a natural disaster or, where appropriate, evidence of a change in the use of all the dwellings due to their non-habitability.
(5) The applicant shall accompany the aid application for the renewal of the built-in housing referred to in Article 2 (e) (4):
(a) an authentic building permit, a valid and effective public contract for the execution of the construction, a notified certificate of an authorised inspector to the competent construction office under which the construction company is authorised to carry out the construction or consent to the implementation of the notified construction;
(b) project documentation of the dwelling;
(c) a building log recording the course of works on the dwelling;
(d) photo documentation of the dwelling before the date of the natural disaster, indicating the date of acquisition, if available;
(e) photodocumentation of homes damaged by a natural disaster;
(f) proof of the estimated cost of compensation for damage to the dwelling; and
(g) in the case of construction, proof that the dwelling has been destroyed or irreparably damaged as a result of a natural disaster.
(6) The aid application referred to in paragraphs 2 to 5 shall also be accompanied by a declaration of honour that:
(a) on the date on which the aid application is submitted, there shall be no arrears to the public budget or to the health insurance undertaking, with the exception of the arrears for which it has been authorised to delay or spread its remuneration into instalments;
(b) at the time of the application, he is not in bankruptcy or liquidation or is not in danger of bankruptcy, of the enforcement of a decision against him or of criminal proceedings against him or of him, and has not been convicted of an offence the nature of which relates to the subject of his business, if he is an entrepreneur, or of an economic offence or an offence against property.
(7) If the aid application is incomplete, the Fund shall invite the applicant within 30 days of receipt of the aid application to complete it within the time limit set by the Fund. If the applicant fails to complete the requested information within the prescribed time limit, the grant contract may not be concluded.
(8) The Fund may request additional documents to assess the purpose of the aid, demonstrate compliance with the conditions for granting the aid or assess the applicant's ability to repay the loan.
Amount of aid granted
(1) The grant can be granted up to CZK 2 000 000 per dwelling or new dwelling. In the case of an apartment house, a subsidy can be provided for each apartment in an apartment house up to CZK 2 000 000.
(2) The loan can be granted in the amount of at least CZK 30 000 and not in the amount of CZK 3 000 000 per dwelling or new dwelling. In the case of an apartment house, a loan can be granted for each apartment in an apartment house of at least CZK 30,000 and no more than CZK 3,000 000.
(3) The amount of aid granted is limited to the total cost of recovery and, in the case of:
(a) the correction of the costs to be incurred to remedy the demonstrable damage to the dwelling and, where appropriate, to the cost of partial demolition;
(b) acquisition of the market price of the property purchased and any demolition costs;
(c) the cost of putting the buildings in place before the disaster.
(4) Aid may be granted only up to the amount of the costs corresponding to the condition that
(a) the newly created dwellings shall not exceed the area of the deceased dwellings which were part of the dwellings referred to in Article 3 (6) (a) or, in the case of a built-up dwelling, not exceed the area according to the project documentation of the built-up dwelling;
(b) in the case of a beneficiary, the new dwelling shall not exceed, on average, 120% of the size of the dwelling, and at the same time the number of apartments purchased shall not exceed the number of dwellings;
(c) in the case of a beneficiary under Paragraph 3 (2) (b), the new dwelling shall not be less than 80% and not more than 120% of the size of the dwelling, but shall not exceed the number of dwellings purchased.
(5) The amount corresponding to 70% of the insurance premiums paid by the insurance undertaking for damage to the dwelling as a result of the natural disaster and the amount of the costs covered under Paragraph 3 (9) shall be deducted from the total recovery costs eligible for aid.
(6) The loan may be granted to the beneficiary only if the eligible costs exceed the subsidy ceiling referred to in paragraph 1.
Backup subsidy
(1) In the case of construction, the beneficiary is entitled to an advance grant up to CZK 500 000 before drawing the aid.
(2) The advance subsidy is intended solely to cover the costs of:
(a) demolition if demolition is part of the construction;
(b) preparing project documentation for the construction of a new dwelling; or
(c) preparation of the building budget.
(3) The conditions laid down in Section 7 are not required to be met to release the advance payment.
(4) The amount of the advance payment shall be reduced by the total recovery costs eligible under this Regulation. This humiliation will be reflected in the maximum amount of the subsidy provided for in Article 5 (1).
(5) In the absence of the conclusion of the contract and the start of the drawing-up pursuant to § 7, the beneficiary is obliged to repay the advance subsidy. If the beneficiary does not return the advance subsidy, it is a breach of budgetary discipline under the budgetary rules.
Drawing on the aid
(1) If the conditions laid down in this Regulation are met and the Fund has financing for the grant of aid, it shall submit to the applicant a draft credit agreement or grant agreement.
(2) The aid cannot be used to cover costs otherwise reimbursed by the State to the beneficiaries. If the insurance undertaking grants insurance premiums due to damage to the dwelling as a result of a natural disaster, the amount of aid shall be reduced by an amount equivalent to 70% of the premium.
(3) The aid shall be drawn up gradually on the basis of the tax documents submitted proving the eligibility of the aid.
(4) The use of the aid must start within 1 year of the conclusion of the last aid contract.
(5) Before drawing up the aid, the beneficiary of the Fund shall support:
(a) in the event of a correction of its forecast budget;
(b) in the case of construction of new dwellings
1. project documentation for the construction of the new dwelling,
2. building budget,
3. an authentic building permit, a valid and effective public contract for the execution of the construction, a notified certificate of an authorized inspector to the competent building office under which the builder is authorised to carry out the construction or consent to the implementation of the notified construction,
4. a construction contract concluded with the contractor of the construction, unless the applicant himself carries out the construction,
5. Affirmative opinion of the Water Authority with any restrictions on construction if construction is to take place in the flood area;
6. proof of the establishment of building and assembly insurance for a new dwelling in the event of a natural disaster with the debiting of insurance payments for the benefit of the Fund,
(c) in the case of the acquisition of a new residence:
1. the purchase contract or any other document proving the price of the property purchased;
2. a favourable opinion of the Water Authority with restrictive conditions for construction, if the construction is located in the flood area.
(6) The use of the aid will be completed no later than:
(a) 3 years after the conclusion of the last grant contract in the case of recovery pursuant to Article 2 (e) (1), (2) or (4);
(b) 1 year after the conclusion of the last aid contract in the event of recovery pursuant to Article 2 (e) (3).
(7) No later than 1 year after the end of the implementation of the aid referred to in paragraph 6, the beneficiary shall submit supporting documents proving that the aid has been spent effectively.
Credit repayment conditions, interest rate
(1) The loan is repaid monthly by repayment of principal and interest and can be repaid early at any time.
(2) The interest rate is fixed during the repayment period and is 1% p.a.
(3) The agreed maturity of the loan must not exceed 25 years.
(4) At the request of the beneficiary, the Fund will allow for a delay of up to 6 months in the start of the repayment of the principal. The total repayment period referred to in paragraph 8 shall be without prejudice to this.
(5) At the request of the beneficiary, the Fund will allow the payment of the principal for up to 2 years on grounds of birth, adoption, custody, custody or foster care of the child, provided that the beneficiary continues to care for the child. The total maturity of the loan shall be extended by the period for which the interruption of the repayment of the principal has been authorised, while meeting the conditions laid down in paragraph 8.
(6) At the request of the beneficiary, the Fund may also allow the payment of principal to be interrupted due to the loss of employment for more than 3 months, illness lasting more than 3 months or the death of a member of the household. For these reasons, the total period of interruption of the principal payment may not exceed 2 years. The total maturity of the loan shall be extended by the period for which the interruption of the repayment of the principal has been authorised, while meeting the conditions laid down in paragraph 8.
(7) The interest rate shall be 0,5% p.a. for the duration of the interruption of the principal and the beneficiary shall pay only interest on the total outstanding principal amount. The interest rate shall be fixed throughout the period of interruption of the principal payment.
(8) The repayment period of the loan is extended by the period for which the interruption of the repayment of the principal was authorised. The total repayment period of the loan, including the extension period, shall not exceed 30 years.
Conditions for using the support and authorisation of the Fund
(1) The right of ownership of the residence or new residence to which aid has been granted may be transferred to another person only with the consent of the Fund. The Fund shall consent to the transfer of ownership of the residence or new residence only if:
(a) the acquirer agrees to take over all the rights and obligations resulting from the credit agreement, grant contract or from this Regulation; and
(b) the transfer of ownership does not impair the collateral provided.
(2) For the period from the acquisition of a new dwelling, the termination of the construction of a new dwelling, the termination of the repair of the dwelling, or the completion of the building for housing in the case of a built-up dwelling until the repayment of the loan or for a period of 10 years, the dwelling or new dwelling for which the aid was granted must serve as a dwelling.
(3) Where the aid has been granted for the repair of dwellings leased by the beneficiary during the time of the natural disaster, the beneficiary shall allow the original tenant of the dwelling to continue the lease from the time of completion of the repair of the dwelling. If the aid was granted for the acquisition of a new dwelling for a dwelling leased by the beneficiary at the time of the natural disaster, the beneficiary shall, as a priority, offer the conclusion of a rental contract in the new dwelling to the original tenant of the dwelling.
(4) Where the beneficiaries have been granted a loan under this Regulation, they shall not burden the beneficiaries of the dwelling or of the new dwelling with a lien if the collateral would thus be insufficient for the benefit of the Fund. Any liability burden shall be subject to the prior written consent of the Fund.
(5) Where a loan has been granted to the beneficiary, the beneficiary shall be required to have insurance of the dwelling or of the new dwelling in the event of a natural disaster with a vintage of insurance benefits to the Fund during the period from the acquisition of the new residence, the completion of the construction of the new residence or the repair of the dwelling until the full repayment of the loan.
(1) For the period referred to in Paragraph 9 (1), the beneficiary may not receive additional support from the Fund for the housing or new housing already supported.
(2) The Fund may require the immediate repayment of the loan,
(a) if it finds that the beneficiary of the loan has provided incorrect information to the Fund on the basis of which the credit agreement was concluded or has infringed the conditions set out in Article 9;
(b) if the recipient of the credit, the transferee or the person who took over the obligation to repay the credit is late, with payment of at least two monthly instalments of the loan at the agreed amount and does not pay the amounts due within 30 days of receipt of the written notice; or
(c) where the recipient of the credit, the transferee or the person who took over the repayment obligation is at least three times late in the 12 consecutive months with payment of the monthly instalment.
Efficacy
This Regulation shall enter into force on the day following that of its publication.
Prime Minister:
Ing. Babiš v. r.
Minister for Local Development:
Ing. Dostalová v. r.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Government Decree No 257 / 2021 Coll., on the use of the funds of the State Fund for Investment Support in the form of a grant and a loan for the renewal of dwellings affected by a natural disaster on 24 June 2021 |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.06.2021 |
|---|---|
| Effective from | 30.06.2021 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Administrative law
Water, Water management
Public Contracts 5
Smlouva o poskytnutí dotace dle NV č. 257/2021 Sb.
Státní fond podpory investic
Společenství vlastníků U Červených domků č.p. 2974...
4 913 325 CZK
12.09.2023
Notifications
Smlouva o poskytnutí dotace dle NV č. 257/2021 Sb.
Státní fond podpory investic
Společenství vlastníků Patočkova, č.p. 2809, č.p....
1 940 608 CZK
09.02.2023
Smlouva o poskytnutí dotace dle NV č. 257/2021 Sb.
Státní fond podpory investic
Společenství vlastníků P. Jilemnického č.p. 3479,...
255 076 CZK
19.10.2022
Smlouva o poskytnutí dotace dle NV č. 257/2021 Sb.
Státní fond podpory investic
Společenství vlastníků Erbenova 18,20,22,24, Hodon...
1 785 355 CZK
22.04.2022
Notifications
Smlouva o poskytnutí dotace dle NV č. 257/2021 Sb.
Státní fond podpory investic
Společenství vlastníků U Červených domků, č.p.2962...
576 961 CZK
12.01.2022
Notifications
Source:
Hlídač státu
(CC BY 3.0 CZ)
The regulation text is for informational purposes only.
Comments 0