Decree of the Ministry of Finance No. 30 / 1995 Coll.
Decree of the Ministry of Finance amending and supplementing the Decree of the Ministry of Finance No. 176 / 1993 Coll., on rent from the apartment and payment for transactions provided with the use of the apartment
Valid
Effective from 01.03.1995
30
DECLARATION
Ministry of Finance
of 8 February 1995
amending and supplementing the Decree of the Ministry of Finance No. 176 / 1993 Coll., on rental from the apartment and payment for transactions provided with the use of the apartment
The Ministry of Finance provides pursuant to § 2 (2) (a) of the Act of the Czech National Council No. 265 / 1991 Coll., on the competence of the authorities of the Czech Republic in the field of prices, as amended by Act No. 135 / 1994 Coll.:
Decree of the Ministry of Finance No. 176 / 1993 Coll., on rent from the apartment and payment for transactions provided with the use of the apartment, is amended as follows:
1. note 1) reads as follows:
"(1) § 2 (b) of Act No. 72 / 1994 Coll., which regulates certain joint ownership relations with buildings and certain ownership relations with apartments and non-residential premises and complements certain laws (the Housing Act)."
2. Paragraph 2 (2) (b), including footnote 7a, reads as follows:
"(b) for apartments covered by a lease agreement with a new tenant; except in cases of statutory lease changeover, (5) apartment exchanges, (6) apartment substitutes (7) and service apartments of professional soldiers. 7a)
7a) Articles 7 (1) (c) and 8 of the ČNR Act No. 102 / 1992 Coll., adjusting certain issues related to the publication of Act No. 509 / 1991 Coll., amending, supplementing and adapting the Civil Code. '
3. In Paragraph 3 (5), footnote 4 is added after the words "in the family house '.
4. The heading under § 5 shall be placed above the designation of § 5 and the following § 5a shall be inserted after § 5, which shall include Notes Nos 8a and 8b:
(1) The maximum price of the basic monthly rent per square metre of the floor area of the apartment of the category concerned pursuant to Article 5 shall be fixed annually from 1 July to 30 June of the following year as follows:
Nt + 1 = Nt × Ki × Kv × Kr,
where
NT + 1 = new maximum price of basic monthly rent per m2 of floor space valid from 1 July of the current year
NT = maximum price of the basic monthly rent per m2 of floor area valid until 30 June of the current year
Ki = rent growth coefficient expressing the inflation rate over the preceding calendar year
Kv = rent growth coefficient depending on village size
Kr = decision coefficient.
(2) The maximum price of the basic monthly rent per square metre of the floor area of the flat determined in accordance with paragraph 1 shall be rounded up to two decimal places if the figure 5 or more is in third place after the decimal point, in other cases down.
(3) The rent growth coefficient expressing the Ki inflation rate is derived from the annual rolling average of the change in consumer prices (hereinafter referred to as "inflation rate") for the previous calendar year, according to the Czech Statistical Office index. The Ministry of Finance shall determine the amount of the coefficient of Ki by its decision8a) and publish it in the Price Bulletin by 1 March of the current year inclusive.
(4) The coefficient Kr is 1,00. The Ministry of Finance may, in the decision referred to in paragraph 3, set a Kr coefficient of less than 1,00 if the rate of inflation expressed in Ki is greater than 1,15 or more than 1,00 if the rate of inflation expressed in Ki is less than 1,10.
(5) The maximum rent growth coefficient, depending on the size of the municipality of Kv, is:
| a) | Prahy | 1,19 |
| b) | obcí s počtem obyvatel od 100 tisíc obyvatel | 1,15 |
| c) | obcí od 50 tisíc do 99 999 obyvatel | 1,11 |
| d) | obcí od 10 tisíc do 49 999 obyvatel | 1,08 |
| e) | obcí do 9 999 obyvatel | 1,06. |
(6) The municipality belonging to the respective population group shall determine the specific amount of the coefficient Kv for the whole territory of the municipality by a generally binding decree, 8b) which shall take effect no later than 1 July of the current year. The municipality may reduce the maximum coefficient of Kv applicable to it up to 1,00 or, where justified, apply the coefficient set for the highest group of municipalities up to its maximum level.
(7) The municipality sends a general binding decree pursuant to the previous paragraph to the Ministry of Finance within 30 days of its effectiveness.
(8) If the municipality does not fix the coefficient Kv in accordance with paragraph 6, the maximum coefficient laid down in paragraph 5 shall apply to it from 1 July of the current year until 30 June of the following year.
8a) § 10 of Act No. 526 / 1990 Coll., on Prices.
8b) § 4a paragraph 1 (b) and (c) of the ČNR Act No. 265 / 1991 Coll., on the competence of the authorities of the Czech Republic in the field of prices, as amended by Act No. 135 / 1994 Coll. '
5. Article 6 (2) reads as follows:
"(2) The tendered basic rent from an apartment which has been authorised to be renovated or modernised after 30 June 1993 shall be determined in accordance with the procedure laid down in point 2 (b) of the Annex. ';
6. the following paragraph 3 is added to Article 6:
"(3) If the tendered basic rent determined in accordance with paragraphs 1 and 2 is lower than the maximum basic rent determined in accordance with paragraphs 5 and 5a, the regulation provided for in paragraphs 5 and 5a shall apply. ';
7. The heading under Section 6 shall be placed above the designation of Section 6 and the following Section 6a shall be inserted after Section 6, including Notes No 8c), 8d), 8e) and 9):
(1) Reduced rent in dwellings of members, members or founders (hereinafter referred to as "partners") of a legal person incurred in order to be the owner of a house with such apartments and in houses referred to as folk housing cooperatives under the former legislation (hereinafter referred to as "owner of the house") shall include the economic eligible costs minus the income tax from the house referred to in paragraph 2 and shall not include profits. The economic eligible costs are not public subsidy costs. The economic eligible costs are:
(a) the costs of repair, maintenance, reconstruction and modernisation of the apartment or house and its accessories (hereinafter referred to as the house);
(b) house management costs,
(c) house insurance costs,
(d) depreciation of the house up to a maximum equal depreciation, 8d)
(e) property tax, unless the house is exempt from that tax.
(2) The sum of the economically justified costs referred to in paragraph 1 shall be reduced by the taxable income from the use of flats by persons other than the members of the owner of the house, non-residential premises, or other income from the house, as decided by the competent authority of the home owner. The resulting amount shall be divided into individual apartments used by the members according to the ratio of their floor areas to the total floor area of the apartments used by the members in the house. The rent is not adjusted in accordance with § 8 to 10, unless the shareholders agree otherwise.
(3) The tenancy determined in accordance with the provisions of paragraphs 1 and 2 shall not apply to service apartments. 9)
8c) Act No. 53 / 1954 Coll., on folk housing cooperatives and cooperative organisations, as amended by the statutory measure of the Bureau of the National Assembly No. 20 / 1956 Coll., and the following provisions.
8d) § 31 of the ČNR Act No. 586 / 1992 Coll., on Income Taxes, as amended by Act No. 35 / 1993 Coll., Act No. 323 / 1993 Coll., Act No. 75 / 1994 Coll. and Act No. 259 / 1994 Coll.
8e) E.g. § 125, 187 and 239 of the Commercial Code.
9) § 7 of Act No. 102 / 1992 Coll. '
8. In Article 7, the words "and 5a 'shall be inserted after the words" pursuant to Article 5'.
9. in Paragraph 8, point (i), including footnote 9, is deleted.
10.
Adjustment of basic rent by house position
(1) The municipality may, by means of a generally binding decree 8b) in parts of the municipality or in individual houses selected for their favourable or disadvantaged location, in particular in terms of transport availability, technical and civil amenities and the environment, basic rent adjusted pursuant to § 8
(a) increase by no more than 20% or reduce by no more than 15% in municipalities with a population of 50 000, Františkové Lázně, Luhačovice, Mariánské Lázně and Poděbrady,
(b) increase by a maximum of 10% or reduce by a maximum of 10% in municipalities with a population of between 1000 and 49 999;
(c) increase by a maximum of 10% in the national parks and zones of I protected landscape areas.
(2) The municipality may change the basic rent referred to in paragraph 1 not earlier than 90 days after having published in an appropriate manner, in which parts of the municipality or in which houses and to what amount the rent will be changed.
(3) The municipality shall send a general binding decree pursuant to paragraph 1 to the Ministry of Finance within 30 days of its effectiveness. ';
11. in Article 10 (2), "in the case of articles purchased on a loan agreed after 30 June 1995, interest on the loan shall be added after the words" installation in an apartment, ";"
12. Note 12) reads as follows:
"(12) Decision No 01 / 95 of the Ministry of Finance on the issue of a list of goods with regulated prices (Price List No 28 / 1994), as amended."
13. Article 11 shall be added to paragraph 12, including footnote 10:
"(12) The provisions on the prices and their breakdown apply also to apartment owners, 10) who use the services in the house together with apartment tenants.
10) Act No. 72 / 1994 Coll. '.
14. in Articles 12 (2) and 12 (3), the following shall be inserted after the words "under Article 5":
15. Paragraph 13 shall become paragraph 1 and the following paragraph 2 shall be added:
"(2) The lessor shall notify the lessee of the increase in the rent from the flat before the due date referred to in paragraph 1, otherwise he shall lose his entitlement to the amount of the increase. ';
16. in Article 16 (1) (a) and (b), the following shall be inserted after the words "under Article 5":
17. in Article 16 (1) (b), the words "on the basis of the decision of the price authority (10)" shall be replaced by the words "on the basis of a generally binding order (incl. 8b)."
18. in Article 16 (3), "Article 6 (2)" is replaced by "Article 5 and 5a, Article 6 (2) and (3), Article 6a."
19. in the Annex to the Decree, point 2 (b), including footnote 1, reads:
"(b) in the case of a reconstructed apartment or a modernised apartment as referred to in Article 6 (2), as a multiple of the price of the apartment before the renovation or modernization determined by the valuation according to the special Regulation (1) and increased by the actual costs incurred for the reconstruction or modernisation of the apartment and the monthly coefficient k = 0,00375. This rent shall not be more than twice the maximum basic rent in the category of flat after the renovation or modernisation determined in accordance with § 5.
1) Article 14 of Decree No. 178 / 1994 of the Ministry of Finance Coll., on the prices of buildings, land and permanent crops. '
The rent regulation provided for in this Decree, in addition to point 2, shall also apply to leases, if they continue on the effective date of this Decree. 13)
The provisions of points 1, 4, 10, 12, 13, 15, 19 and Article II shall take effect on 1 March 1995. The other provisions of this Order shall take effect on 1 July 1995.
Minister:
Ing. Coachman CSc. v. r.
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Regulation Information
| Citation | Decree of the Ministry of Finance No. 30 / 1995 Coll., amending and supplementing the Order of the Ministry of Finance No. 176 / 1993 Coll., on rent from the apartment and payment for transactions provided with the use of the apartment |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 24.02.1995 |
|---|---|
| Effective from | 01.03.1995 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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