Government Decree No. 299 / 2001 Coll.
Government regulation on the use of State Housing Development Funds to cover part of the interest on loans granted by banks to legal and natural persons for the repair and modernisation of homes
Valid
Regulation
Effective from 22.08.2001
299
GOVERNMENT REGULATION
of 25 July 2001
on the use of the resources of the State Housing Development Fund to cover part of the interest on loans granted by banks to legal and natural persons for the repair and modernisation of homes
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, to implement § 3 (1) (b) and (h) of this Act and to implement Act No. 218 / 2000 Coll., on the Budget Rules and on the Amendment of Certain Related Laws (Budget Rules), as amended by Act No. 493 / 2000 Coll., Act No. 141 / 2001 Coll.
Subject matter
This Regulation lays down the conditions for the use by legal and natural persons of funds from the State Housing Development Fund (hereinafter referred to as "the Fund ') to cover part of the interest on loans granted by banks (hereinafter referred to as" the aid') for the repair and modernisation of homes.
Definition of terms
For the purposes of this Regulation:
(a) housing house 1) built on the territory of the Czech Republic,
(b) by repairing or modernising the house, the activity listed in Annex 2 to this Regulation;
(c) by the bank authorised by the bank with which the Fund will conclude a contract to ensure certain activities linked to the brokering of the aid.
Conditions for obtaining aid
(1) Aid may be granted by a natural or legal person who is the owner or co-owner of:
(a) home; or
(b) an apartment or non-residential space under the Housing Act 3) ("the unit") in the house.
(2) In the house in which the unit owners' community is established under the Housing Owned Act (4), the legal entity may also receive aid.
(3) Aid may be granted if the following conditions are met:
(a) the repair or upgrading of the house shall be subject to the repair or upgrading of the house referred to in Part A of Annex 2 to this Regulation, unless the condition of the house does not clearly require any repair or modernisation referred to in Part A of Annex 2 to this Regulation under individual items;
(b) the aid application shall be submitted before the start of the correction or modernisation and shall be supported by a positive opinion as referred to in paragraph 4 and by a statement by the aid applicant that, at the date of the application, it does not have a due liability in respect of the State budget, the State Fund, the health insurance company, the county, the municipality, the municipality, the municipality or the bank;
(c) the supplier of the repair or modernisation of the house is natural or legal persons who have a quality management system in place and certified in a manner consistent with the relevant Czech technical standard (7);
(d) the building permit has acquired legal authority at the latest at the date of the application for aid; where the building permit is not issued, the applicant shall provide proof of notification to the construction office or, where applicable, to the building maintenance office's regulations or to the necessary modifications; Such documents shall not be presented by the applicant unless the repair or upgrading of the building permit house or the announcement to the construction office is required.
(4) Opinion on the application for aid is to be delivered by a person listed in the Ministry of Industry and Trade published in the Commercial Bulletin. The list shall include a natural person who has requested to be included in the list and has demonstrated that he is an authorised person in the field of ground construction, construction environment techniques or statics and building dynamics, has at least 5 years of experience in building or designing houses or their changes. The list shall include a legal person who employs or has a different contract with a natural person referred to in the previous sentence to carry out that activity and who is entitled to produce a certificate of energy performance of the building in accordance with or has another contract with a specific energy management regulation. The published list shall include the name, surname and address of the natural person or the business name or name of the legal person and its registered office. Opinion on the application for aid shall be delivered within 30 days of the submission of:
(a) project documentation of the proposed repair or modernisation of the house;
(b) the budget in which the appropriations for the repair or modernisation costs of the house listed in Annex 2 to this Regulation must be specifically indicated;
(c) proof of the floor area of the apartments in the house for which credit has been granted for repair or modernisation;
(d) reports on energy audit and demonstration of the energy performance of buildings where repair or modernisation is carried out by a change in construction according to the building law or by a larger change in completed building according to the energy management law; such documents need not be submitted if they are for the repair or modernisation of a house which has not been built in one of the typical structural systems listed in Annex 1 to this Regulation.
(5) If, during the repair or modernisation of the house, the building changes according to the building law, or a larger change of the completed building according to the energy management law, the requirements of the specific legislation governing the energy performance of the buildings must be met, with the building perimeter meeting at least the required value of the average heat transfer coefficient Uem [W / (m2.K)]. This shall not apply if it is a repair or modernisation of a house which has not been built in one of the typical construction systems listed in Annex 1 to this Regulation.
(6) The aid may be granted only once for the same type of repair or modernisation of the same building elements of the house.
(7) Support under this Regulation shall not be granted for activities for which aid has been granted from other national or European funds.
Amount of aid
(1) The aid is granted at the rate of the difference in the instalments to the credit corresponding to a reduction in the interest on the loan by a maximum of:
(a) 2,5 percentage points, up to and including the interest rate actually paid, where only the activities listed in Part A of Annex 2 to this Regulation are subject to repair or modernisation;
(b) 3 percentage points, up to and including the interest rate actually paid, where only the activities listed in Parts A and B of Annex 2 to this Regulation are subject to repair or modernisation of the house;
(c) 4 percentage points, up to and including the interest rate actually paid, where only the activities listed in Parts A, B and C of Annex 2 to this Regulation are subject to repair or modernisation of the house;
(d) 4 percentage points, up to and including the actual interest rate, where the activities listed in at least Part A of Annex 2 to this Regulation are subject to repair or modernisation, while at the same time meeting the energy performance requirements applicable to Class B buildings under the specific legislation governing the energy performance of buildings.
(2) Where the condition of the house does not clearly require any of the repairs or modernization referred to in paragraph 1, the activity listed under the relevant item shall be deemed to be subject to repair or modernisation.
(3) Aid for the activities listed in Part D of Annex 2 to this Regulation may be granted at the rate of the difference in the instalments to the credit corresponding to a reduction in the interest on the loan of no more than:
(a) 2,5 percentage points, up to and including the interest rate actually paid and only if the aid referred to in paragraph 1 (a) has been granted at the same time;
(b) 3 percentage points, up to a maximum of the interest rate actually paid and only if the aid referred to in paragraph 1 (b) has been granted at the same time;
(c) 4 percentage points, up to and including the interest rate actually paid and only if the aid referred to in paragraph 1 (c) has been granted at the same time.
(4) The amount of the aid shall be determined on the basis of the initial amount of the loan or part of it for which the aid is granted, the interest rate agreed at the conclusion of the credit agreement and the theoretical distribution of instalments based on the assumption of regular equal monthly instalments involving principal and interest from the date of conclusion of the credit agreement to the maturity date of the credit agreement, but not more than 15 years.
(5) If a loan is granted in a non-Czech currency, the loan shall be converted before the amount of aid is calculated into the Czech currency. The exchange rate of the Czech National Bank on the date of conclusion of the credit agreement shall be used for the conversion.
(6) The aid covers a loan or part of a loan, the amount of which does not exceed CZK 5,500 per m2 of floor area of by11), even if the loan is higher.
(7) Aid may be granted only for that part of the loan which does not exceed the budgetary costs of the repair or modernisation of the house referred to in Annex 2 to this Regulation, even if the loan has been granted to finance other activities.
(8) Pending the final calculation of the amount of aid granted for the repair or modernisation of a house built in one of the typical construction systems listed in Annex 1 to this Regulation, the prohibition on the cumulation of public aid and the rules for determining the amount of regional aid provided for in Article 87 (3) (c) of the Treaty establishing the European Community shall be reflected.
Conditions for drawing up aid
(1) If, for reasons other than those of the aid applicant, a grant contract is not concluded within 2 months of the date of receipt of the invitation by the entrusted bank to conclude the grant contract, the aid will not be granted. The aid shall be paid from the date of entry into force of the grant contract in successive instalments to the maturity date of the loan provided for in the credit agreement, but for a maximum period of 15 years from the date of submission of the aid application.
(2) During the period of implementation of the aid, but for at least five years from the date of entry into force of the aid contract, no change in the purpose of using the house or unit for purposes other than housing shall be made.
(3) Where the transfer or transfer of ownership of a house or a unit to another natural or legal person is made, the aid shall also be paid to that new owner or, where applicable, to the unit owner's community, in accordance with the contract with the original beneficiary, provided that the new owner takes full responsibility for the repayment of the remaining part of the loan for which the aid was granted and shall assume in full the rights and obligations of the aid contract. In the event that the new owner of the house or unit pays back the loan for which the aid was granted by a new loan, the unused part of the aid shall be paid to that new owner or, where applicable, the unit owner community, if the rights and obligations resulting from the contract concluded to grant the aid are exceeded.
(4) If the new owner of the rights and obligations referred to in paragraph 3 does not exceed the amount of the aid, the aid shall be paid to the original owner or, where appropriate, to the community of unit owners, provided that the loan, repair or modernisation has been duly repaid and the other conditions for granting the aid have been maintained. The completion of the repair or upgrading of the house shall be understood as a record of the transmission of the work made out, signed by the contractor and the beneficiary of the aid under this Regulation; If there are more than one contractor, the termination of repairs or upgrades shall be understood as the last record of the transfer of the manufactured article of the work.
(5) The beneficiary shall lose entitlement to the aid received unless the repair or modernisation of the house is completed within 3 years of the conclusion of the credit agreement for which the aid is granted.
(6) In the case of an increase in the loan or changes in the distribution of instalments in the period after the conclusion of the aid contract, neither the total contractual amount nor the amount of individual drawdowns shall be changed.
(7) The beneficiary of the aid shall, within 2 years of the conclusion of the credit agreement, submit to the entrusted bank a confirmation of the actual amount of the loan for which the aid is granted. In the event that the loan is not used up within 2 years of the date of conclusion of the credit agreement, the amount of the aid shall be recalculated according to the actual amount of the drawing and the difference found shall be reduced by the last instalment or instalments of the aid.
(8) If a decision is taken to remove a house for which aid has been granted to correct or modernise, the beneficiary of the aid shall notify the bank responsible within 30 days of the date on which the decision became final.
Procedure for granting aid
The aid may be granted following a written request from the entrusted bank. The authorised bank shall forward the application together with supporting documents certifying compliance with the conditions for granting the Fund's support.
(1) If it is found that the aid beneficiary has provided incorrect information on the basis of which the aid contract was concluded or has infringed the conditions set out in paragraphs 5 (5) and (7) of Article 5, the further drawing of the aid shall cease.
(2) If the beneficiary does not pay back the principal for more than 6 months and the interest according to the specified distribution of the instalments, the aid shall be discontinued and the aid beneficiary shall lose entitlement to the aid not yet paid. On early repayment of the entire principal of the loan, the beneficiary loses the right to payment of the part of the aid which would have been due after the date of early repayment of the entire principal of the loan.
(3) If the aid beneficiary fails to comply with the conditions laid down in paragraphs 2 and 8 of Section 5, it shall lose the right to payment of all instalments of aid due after the date of the acquisition of the legal authority of the competent building office for a change in the use of the building or for the removal of the building.
Specific legislation shall apply to the monitoring of compliance with the conditions under this Regulation for the use of aid and the application of penalties in respect of unauthorised use or retention of aid. 13)
(1) The relationship between the Fund and the mandated bank is governed by a mandate agreement. The terms of reference shall include the method of control and contractual penalties in the event of breach of the agreed conditions for granting the aid.
(2) The Fund may provide the persons referred to in the Trade Bulletin, as provided for in Article 3 (4), with payment of an appropriate part of the costs of drawing up an opinion on the granting of aid and providing basic information on the aid.
Transitional and repeal provisions
The outstanding aid applications submitted pursuant to Government Regulation No 384 / 2000 Coll., laying down the conditions for State financial support for the repair, modernisation or reconstruction of housing houses built by panel technology, shall be considered as aid applications under this Regulation and shall also be assessed accordingly; If more favourable to the applicant, the amount of aid shall be determined in accordance with existing legislation.
Government Decree No 384 / 2000 Coll., laying down the conditions for State financial support for repairs, modernization or reconstruction of residential houses built by panel technology, is hereby repealed.
Efficacy
This Regulation shall enter into force on the day of its publication.
Prime Minister:
v. JUDr. Rychetský v. r.
Deputy Prime Minister
Minister for Local Development:
Ing. Lachnit, CSc.
Příloha č. 1
Annex No. 1 to Government Decree No. 299 / 2001 Coll.
List of typical construction systems implemented in the mass construction of panel houses
| T 1 | T 09 B |
| T 5 | B 2 |
| T 11 | B 4 |
| T 12 | VM OS |
| T 13 | VO S |
| T 14 | VP OS |
| T 15 | B 60 |
| T 16 | B 70 |
| T 17 | B 70 - 360 |
| T 20 | MS Průmstav |
| T 22 | PS 61 |
| T 42 | PS 69 |
| T 52 | PS 69/2 |
| G 40 | HK 60 |
| G 55 | HK 65 |
| G 57 | HK 69 |
| G 58 | HKS 70 |
| G 59 | HKS G |
| G OS 64 | BP 70 OS |
| G OS 66 | VVÚ ETA |
| T 01 B | Larsen & Nielsen |
| T 02 B | BANKS |
| T 03 B | OP 1.11 |
| T 05 B | OP 1.13 |
| T 06 B | OP 1.21 |
| T 08 B | OP 1.31 |
| T OB-Nitra | |
| Krajské materiálové varianty blokopanelových domů | |
| Bytové domy postavené panelovou technologií v regionech po Sovětské | |
Příloha č. 2
Annex No. 2 to Government Decree No. 299 / 2001 Coll.
List of repair and modernization of eligible houses
Item No
1 Recovery of foundations and repair of hydroinsulation of the lower structure
2 Rehabilitation of static structural defects
3 Repair of circumferential casing and reprofiling of contact with parts of circumferential casing
4 Repair of logbooks or balconies including railing
5 Heat of opaque circumference with simultaneous remediation of circumference
6 Replacement of external opening fillers with thermal technical or noise-enhanced materials
7 Repair and heating of roofs including superstructures such as machinery spaces, pergols etc.
8 Control of heating system
9 Repair or replacement of health installations and gas distribution
Item No
10 Replacement of balconies or repair of ships, balconies including railing
11 Heat of selected internal structures
12 Improvement of central heating system regulation
13 Repair or replacement of lift including necessary interference with lift shaft construction
14 Repair or replacement of electrical equipment and distribution; High current, low current
Item No
15 Switching entry walls into objects with a solution to protect them against vandal destruction
16 Repase or exchange of entrance doors to flats
17 Repair of object transfer stations or machinery rooms with hot water preparation equipment
18 Modernisation of heating system including use of renewable energy sources associated with the exchange of distribution and possibly heating bodies
19 Repair or upgrading of the housing core including distribution of electricity, health installations and gas
20 Repair or modernization of air conditioning
21 Establishment of a new lift or repair or replacement of an lift including necessary interference with the structure of an elevator shaft
22 Repair of lightning ducts and fire fighting equipment and structures
Item No
23 Installation of thermosolar panels
24 Glazing of ships or balconies
25 Restoration of submitted stairs and railings, walls and tiles
26 Repair of indoor walls and ceilings
27 Repair of floor layers and structures in common areas
28 Repair of communication areas
29 Modification of entrance and stairway areas including boxes and lighting
30 Measurement of heat consumption for heating, hot water consumption, cold water consumption
31 Replacement of gas distribution for cooking for electricity distribution
32 Modernization of the hot water distribution, especially the lever battery, insulation of the climb pipe, indoor water meter of hot utility water
33 Changes in apartment layout
34 Residential mezzonette superstructures when merging the apartment on the top floor
35 Project work, project documentation
36 Static assessment
37 Revision of technical equipment of buildings
38 Obtaining compliance with heating energy requirements
1) § 3 (b) of Decree No. 137 / 1998 Coll., on general technical requirements for construction. Article 3 (1) (c) of Decree No. 26 / 1999 Coll. of Prague, on general technical requirements for construction in the capital city of Prague.
3) Act No. 72 / 1994 Coll., which regulates certain joint ownership relations with buildings and certain ownership relations with flats and non-residential premises and complements certain laws (the Housing Act), as amended (the full text published under No. 2 / 2001 Coll.).
4) § 9 of Act No. 72 / 1994 Coll.
7) EN ISO 9001 or 9002.
8) § 46a of Act No. 50 / 1976 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended.
9) Act No. 406 / 2000 Coll., on Energy Management.
10) Article 5 (5) of Act No. 96 / 1993 Coll.
11) § 2 (i) of Act No. 72 / 1994 Coll., as amended by Act No. 103 / 2000 Coll.
13) Sections 39 and 44 of Act No. 218 / 2000 Coll.
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Regulation Information
| Citation | Government Decree No. 299 / 2001 Coll., on the use of the resources of the State Housing Development Fund to cover part of the interest on loans granted by banks to legal and natural persons for the repair and modernisation of homes |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 22.08.2001 |
|---|---|
| Effective from | 22.08.2001 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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