Government Regulation No. 319 / 2014 Coll.
Government regulation on the use of funds by the State Housing Development Fund in loans for the renewal of housing affected by a natural disaster and amending certain government regulations
Valid
Regulation
Effective from 01.01.2015
319
GOVERNMENT REGULATION
of 24 November 2014
on the use of funds from the State Housing Development Fund in the form of loans for the renewal of housing affected by a natural disaster and amending certain government regulations
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.:
USE OF THE FINANCIAL ENVIRONMENT OF THE STATE FUND DEVELOPMENTS OF THE CREDIT FORM FOR THE RECURRENCE OF ENVIRONMENTAL IMPACT
Subject matter
This Regulation lays down the conditions for the use of funds from the State Housing Development Fund (hereinafter referred to as the Fund) in the form of loans to legal and natural persons for the renewal of dwellings affected by a natural disaster.
Definition of terms
For the purposes of this Regulation:
(a) a natural disaster
1. a situation arising as a result of the action of natural forces, if a state of crisis has been declared under the Crisis Code (1), or (3) a degree of flood activity under the Water Act (2); or
2. a situation arising in connection with the occurrence of at least one of the extreme meteorological phenomena according to the criteria for issuing warning information in the Integrated Warning Service System, namely extremely strong wind, extremely strong storm with rainfall or extreme rainfall;
(b) a real estate item comprising at least one bytery3);
(c) flood prevention measures for building and technical measures for flood protection of dwellings;
(d) renewal
1. repair of dwellings or parts thereof damaged in the context of a natural disaster in order to bring the dwelling into operation and, where appropriate, the implementation of flood prevention measures;
2. the construction of dwellings by a natural person as a replacement for dwellings removed in connection with a natural disaster;
3. the acquisition of dwellings by a natural person or by an auction to replace dwellings removed in connection with a natural disaster.
Conditions for granting credit
(1) The repair loan referred to in Article 2 (d) (1) may be granted to the person who is the owner or co-owner of the dwelling and to the unit owner community, if it is established in the house. A loan for construction or acquisition pursuant to § 2 (d) (2) and (3) may only be granted to a natural person.
(2) A loan may be granted if the following conditions are met:
(a) the loan application shall be submitted to the Fund within two years of the date on which the disaster occurred in the home;
(b) the loan is secured by lien or other means during the repayment period.
(3) In addition, for the granting of the credit for the correction provided for in Section 2 (d) (1),
(a) the dwelling is damaged by a natural disaster;
(b) the loan is granted to repair the damage caused by the natural disaster and, where appropriate, to the implementation of flood prevention measures;
(c) the natural person was resident in the damaged dwelling at the time of the natural disaster;
(d) the correction must be completed within 3 years of the conclusion of the credit agreement.
(4) In addition, for the granting of the construction credit under § 2 (d) (2),
(a) a final decision on the removal of the building has been given to the dwelling in the context of a natural disaster, or it has been removed in the context of rescue work, or a change in the use of the apartment is made, where appropriate, due to an insuitability for housing;
(b) at the time of the natural disaster, the owner or his husband, a registered partner or a person related to the owner of the residence was resident in the removed residence;
(c) construction takes place outside the flood area;
(d) the construction will be completed in such a way that the house4) takes place no later than 3 years after the conclusion of the credit agreement, unless the deadline during the repayment of the loan is extended;
(e) during the construction period, building and assembly insurance of dwellings in the event of a natural disaster is agreed with a mortgage on insurance payments to the Fund.
(5) In addition, for the granting of the acquisition credit under § 2 (d) (3),
(a) a final decision on the removal of the building has been given to the dwelling in the context of a natural disaster, or it has been removed in the context of rescue work, or a change in the use of the apartment is made, where appropriate, due to an insuitability for housing;
(b) at the time of the natural disaster, the owner or his husband, a registered partner or a person related to the owner of the residence was resident in the removed residence;
(c) the occupied dwelling is outside the flood area.
Credit applicant
The applicant for a loan (the applicant) may be a person affected by a natural disaster,
(a) a municipality, region or other legal person which is the owner of the dwelling;
(b) a natural person who is the owner of the dwelling or, where appropriate, his spouse, a registered partner or a person who is related to the owner of the dwelling and who was resident at the time of the natural disaster.
Credit application
(1) The application for credit contains:
(a) the name, address and date of birth, if the applicant is a natural person;
(b) the name, business name, person identification number and address of the place of permanent residence or, where applicable, the registered office, if different from the address of permanent residence, if the applicant is a natural person,
(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 applicable, the time when the disaster occurred.
(2) The applicant shall attach to the application for a credit for the correction referred to in Article 2 (d) (1):
(a) proof of ownership of the home of the damaged natural disaster;
(b) an affidavit stating that, at the time of the natural disaster, the natural person was resident in the residence;
(c) photodocumentation of homes damaged by natural disaster;
(d) project documentation of the proposed housing repair, where required under legislation,
(e) item budget for corrections;
(f) species specifications and budget items in relation to the implementation of flood prevention measures.
(3) The application for a construction credit pursuant to § 2 (d) (2) shall be accompanied by:
(a) proof of ownership of the home of the damaged natural disaster;
(b) an affidavit stating that the owner or his husband, a registered partner or a person related to a direct line was resident in the residence at the time of the natural disaster;
(c) proof that the dwelling has disappeared as a result of a natural disaster;
(d) project documentation of the proposed construction of a dwelling by a natural person authorised under another legislature5),
(e) the building budget.
(4) After prior examination of the application, the applicant for the construction credit referred to in Article 2 (d) (2) shall provide evidence to the Fund of:
(a) the final building permit or public contract for the execution of the construction, the certified inspector's certificate notified to the competent building office, the announcement of the construction with the marking of the takeover of the building office concerned, the agreement to carry out the notified construction,
(b) a construction contract concluded with the contractor of the construction, unless the applicant himself carries out the construction;
(c) a statement by the competent authority of the water authority that the land on which the construction of the dwelling is to be carried out is not located in the flood area.
(5) The application for a loan for the acquisition of dwellings pursuant to § 2 (d) (3) shall be accompanied by:
(a) proof that the dwelling has disappeared in connection with a natural disaster;
(b) an affidavit stating that the owner or his husband, a registered partner or a person related to a direct line was resident in the residence at the time of the natural disaster;
(c) the contract of future purchase in respect of purchase;
(d) an auction record and a certificate of ownership as regards the auction acquisition;
(e) a statement by the competent authority of the water authority that the occupied dwelling is not located in the flood area.
(6) The application for credit referred to in paragraphs 2 to 4 shall be accompanied by:
(a) a statement that, on the date on which the application for a loan is submitted, it does not have a arrears to the public budget or to the health insurance undertaking, except for the arrears for which it has been authorised to delay or allocate its remuneration to instalments;
(b) a statement that, at the time of the application and for a period of 3 years prior to the application, it is not in bankruptcy or liquidation or is not in danger of bankruptcy, has not been or is not subject to enforcement, is not initiated or is not subject to criminal proceedings against the applicant and has not been convicted for an offence the nature of which is related to the subject of the applicant's activity or to an economic offence or offence against property.
(7) If the loan application is incomplete, the Fund shall invite the applicant within 30 days of receipt of the loan application to complete it within the time limit set by the Fund. If the applicant fails to complete the required information within the specified time limit, the credit agreement cannot be concluded.
(8) The Fund may request additional documents to assess the purpose of the loan and the applicant's ability to repay the loan and demonstrate compliance with the conditions for granting the loan.
Interest rate and loan amount
(1) If it is a loan for a correction under § 2 (d) (1),
(a) credit shall be granted up to a maximum of 90% of the actual cost of the correction; credit may be granted for the implementation of flood protection measures up to a maximum of 70% of the actual costs;
(b) the interest rate is fixed during the repayment period, at least at the level of the European Union's basic reference rate, but at least at 1% p.a.
c) the minimum amount of credit is CZK 30,000,
d) the maximum amount of credit is CZK 300,000 for each apartment or common space of the house,
e) a loan of up to CZK 200,000 per flat can be drawn on the implementation of flood protection measures; when it comes to implementing flood protection measures on common premises of the house, credit can be drawn up up to 500 000 CZK.
(2) If it is a construction loan pursuant to § 2 (d) (2),
(a) the amount of the construction loan is no more than CZK 2,500,000 per dwelling, no more than 80% of the actual construction costs, including the purchase price of the land,
(b) the interest rate shall be variable, fixed for a period of 5 years, at least at the level of the European Union's basic reference rate, but at least at 2% p.a.
(3) If it is a acquisition loan pursuant to § 2 (d) (3),
(a) the amount of the purchase credit is no more than CZK 1 500 000 per dwelling, no more than 80% for the lower of the selling or estimated price;
(b) the interest rate shall be variable, fixed for a period of 5 years, at least at the level of the European Union's basic reference rate, but at least at 2% p.a.
Conditions for borrowing
(1) If the conditions laid down in this Regulation are met and the Fund has the funds for granting the credit, it shall submit to the applicant a draft credit agreement.
(2) A credit for the correction referred to in Article 2 (d) (1) may be granted on a one-off basis. No later than 3 years after the conclusion of the credit agreement, the applicant shall provide supporting documents proving the effective use of the credit. The outstanding balance on the call shall be returned to the Fund without delay.
(3) The use of the loan must start within 1 year of the conclusion of the credit agreement, with the possibility that the use of the credit under Article 2 (d) (1) and (2) is possible within 3 years of the conclusion of the credit agreement.
(4) The borrowing provided for in Article 2 (d) (3) is possible within 1 year of the conclusion of the credit agreement.
Payment of credit
(1) The loan is repaid monthly by repayment of principal and interest and can be repaid early at any time.
(2) For the period of repayment of the loan, an additional loan for the same housing cannot be granted under this Regulation.
(3) For the period of repayment of the loan, the habitable dwellings on which the loan was granted must be used for housing.
(4) If it is a repair loan under Paragraph 2 (d) (1), the Fund will allow the repayment of the principal to be postponed by up to 6 months, with the maximum maturity unchanged. The interruption of the repayment of the principal of the Fund will allow, for serious reasons, for a total of up to 2 years at the request of the beneficiary, the maximum maturity of the loan will remain unchanged. The maximum maturity of the loan shall be 10 years after the conclusion of the credit agreement.
(5) If there is a loan for construction or acquisition pursuant to § 2 (d) (2) and (3), the Fund shall allow the repayment of the principal to be deferred up to a period of 6 months from the date of the building approval (4) or 6 months after the registration of the property register in the event of the acquisition of the dwelling. The interruption of the repayment of the principal of the Fund will allow, for serious reasons, for a total of up to 2 years at the request of the beneficiary, the maximum maturity of the loan will remain unchanged. The maximum maturity of the loan shall be 20 years after the conclusion of the credit agreement.
(6) For the period of repayment of the loan, the insurance of dwellings in the event of a natural disaster with a mortgage on insurance premiums for the benefit of the Fund shall be agreed, unless otherwise agreed.
(7) The Fund may request immediate repayment of the loan,
(a) where it is found that the recipient of the credit has supplied incorrect information on the basis of which the credit agreement has been concluded or has infringed the conditions set out in paragraph 6 or § 7 (2) to (4); or
(b) if the recipient of the credit is late in paying at least 2 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.
Amendment of the Government Regulation on the use of State Housing Development Funds for the repair and modernisation of flats
Government Decree No. 396 / 2001 Coll., on the use of the resources of the State Housing Development Fund for the repair and modernisation of flats, as amended by Government Decree No. 397 / 2002 Coll., Government Decree No. 59 / 2004 Coll., Government Decree No. 145 / 2006 Coll., Government Decree No. 98 / 2007 Coll. and Government Decree No. 322 / 2009 Coll., are amended as follows:
1. In Section 1, the words "and subsidies' are deleted.
2. Paragraph 3 (4) is deleted.
3. In Paragraph 4 (2), the second sentence is deleted.
4. paragraphs 4a to 4d are deleted, including the headings and footnotes 1a to 1g.
Transitional provisions
(1) Legal relationships arising under Government Regulation 396 / 2001 Coll., as effective before the date of entry into force of this Regulation and the rights and obligations arising therefrom, are governed by Government Regulation 396 / 2001 Coll., as effective before the date of entry into force of this Regulation.
(2) In the case of a loan application pursuant to Government Regulation No 396 / 2001 Coll. submitted before the date of entry into force of this Regulation, the conditions laid down by Government Regulation No 396 / 2001 Coll., as effective before the date of entry into force of this Regulation, apply to the conclusion of a credit agreement and to the granting of credit.
PROVISIONS TRANSITIONAL AND REPEAL
Transitional provisions
(1) Legal relations arising under Government Regulation No 396 / 2002 Coll., on the use of the funds of the State Housing Development Fund in the form of a loan to cover part of the costs associated with the construction of an apartment by natural persons affected by floods in 2002, as effective before the date of entry into force of this Regulation and the rights and obligations arising therefrom, are governed by Government Regulation No 396 / 2002 Coll., as effective before the date of entry into force of this Regulation.
(2) Legal relations arising under Government Regulation 104 / 2003 Coll., on the use of the resources of the State Housing Development Fund in the form of grants to cover part of the costs of building apartments for natural persons affected by floods in 2002, as effective before the date of entry into force of this Regulation and the rights and obligations arising therefrom, are governed by Government Regulation 104 / 2003 Coll., as effective before the date of entry into force of this Regulation.
Repeal
The following shall be deleted:
1. Government Decree No. 396 / 2002 Coll., on the use of the resources of the State Housing Development Fund in the form of a loan to cover part of the costs associated with the construction of an apartment by natural persons affected by floods in 2002.
2. Government Decree No. 446 / 2002 Coll., amending Government Decree No. 396 / 2002 Coll., on the use of State Housing Development Funds in the form of a loan to cover part of the costs associated with the construction of an apartment by natural persons affected by floods in 2002.
3. Government Decree No. 324 / 2009 Coll., amending Government Decree No. 396 / 2002 Coll., on the use of the funds of the State Housing Development Fund in the form of a loan to cover part of the costs associated with the construction of an apartment by natural persons affected by floods in 2002, as amended by Government Decree No. 446 / 2002 Coll.
4. Government Decree No. 104 / 2003 Coll., on the use of the resources of the State Housing Development Fund in the form of a grant to cover part of the costs associated with the construction of apartments for natural persons affected by floods in 2002.
5. Government Decree No. 271 / 2003 Coll., amending Government Decree No. 104 / 2003 Coll., on the use of the resources of the State Housing Development Fund in the form of a grant to cover part of the costs associated with the construction of apartments for natural persons affected by floods in 2002.
EFFECTIVE
This Regulation shall take effect on 1 January 2015.
Prime Minister:
Sobotka v. r.
Minister for Local Development:
Ing. Šlechtová v. r.
1) Act No. 240 / 2000 Coll., on Crisis Management and on the amendment of certain laws (Crisis Act), as amended.
2) § 70 of Act No. 254 / 2001 Coll., on Water and on the amendment of certain laws (Water Act).
3) § 3 of Decree No. 268 / 2009 Coll., on technical requirements for construction, as amended.
4) § 119 of the Building Act.
5) Act No. 360 / 1992 Coll., on the pursuit of the profession of authorized architects and the pursuit of the profession of authorized engineers and technicians active in construction, as amended.
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Regulation Information
| Citation | Government Decree No. 319 / 2014 Coll., on the use of funds of the State Housing Development Fund in the form of loans for the renewal of housing affected by a natural disaster and amending certain government regulations |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 19.12.2014 |
|---|---|
| Effective from | 01.01.2015 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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