Government Regulation No. 325 / 2006 Coll.
Government Regulation amending 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, modernisation or regeneration of panel houses, as amended
Valid
Regulation
Effective from 01.07.2006
325
GOVERNMENT REGULATION
of 31 May 2006
amending Government Regulation 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, modernisation or regeneration of panel houses, as amended
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.:
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, modernisation or regeneration of panel houses, as amended by Government Decree No. 398 / 2002 Coll. and Government Decree No. 152 / 2004 Coll., is amended as follows:
1.
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 "aid") for the repair and modernisation of panel housing. '
2. in Article 2, point (b) is deleted;
Points (c) and (d) shall be renumbered (b) and (c).
3. in Paragraph 2 (b):
"(b) by repairing or modernising the panel house, the activity listed in Annex 2 to this Regulation;"
4. Paragraph 3 (1) and (2) reads as follows:
"(1) Aid may be granted by a natural or legal person who is the owner or co-owner of:
(a) a panel house; or
(b) an apartment or non-residential space under the Housing Act ("Unit") in a panel house.
(2) In a panel house in which a community of unit owners is established under the Housing Law (4), this legal person may also receive the aid. "
5. Paragraph 3 (3), including footnotes 5 and 6, is deleted.
Paragraphs 4 to 7 shall be renumbered paragraphs 3 to 6.
6. Paragraph 3 (3) reads as follows:
"(3) Aid may be granted if the following conditions are met:
(a) the repair or modernisation of the panel house shall be subject to at least the repair of static disturbances or the improvement of thermal technical characteristics; This does not apply if the condition of the panel house does not require any such repairs or modernization;
(b) the application for aid shall be submitted before the start of the correction or modernisation, within 6 months of the conclusion of the credit agreement, and shall be supported by a positive opinion as referred to in paragraph 4 and by a statement by the aid applicant that, on the date on which the application is submitted, it is not due 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 panel 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 evidence of the declaration to the construction office or, where applicable, to the construction office's regulations for the maintenance of the construction or the necessary modifications. ';
7. In Paragraph 3 (4) of the introductory part of the first sentence, the words "paragraph 4 (c) 'are deleted.
8. In Paragraph 3 (4) of the introductory part of the provisions of the second sentence, the words "a natural person who can prove 'shall be replaced by the words" a natural person who has requested to be included in the list and has demonstrated' and the words "modernisation or regeneration 'shall be replaced by the words" or modernisation'.
9. In Article 3 (4) of the introductory part of the third sentence, the words "a legal person may be further classified 'are replaced by the words" a legal person shall be classified'.
10. In Paragraph 3 (4) of the Introductory Part of the provision, the words "or the trade name or name of the legal person and its registered office 'shall be added at the end of the text of the fourth sentence.
11. In Paragraph 3 (4) of the introductory part of the fifth sentence, the words "within 60 days, and if there are panel houses that have been affected by floods," shall be deleted.
12. in Article 3 (4) (a) to (d), including footnote 9a, the following shall be added:
"(a) project documentation of the proposed repair or modernisation of the panel house,
(b) the budget in which the appropriations for the repair or modernisation of the panel house listed in Annex 2 to this Regulation must be specifically indicated;
(c) proof of the floor area of the flats in the panel house for which a loan has been granted for repair or modernisation;
(d) the building's energy licence in accordance with the requirements laid down in legislation9a), where the repair or modernisation of the panel house concerns energy savings.
9a) Decree No. 291 / 2001 Coll., laying down details of the efficiency of energy use in heat consumption in buildings. '.
13. in Article 3 (4), points (e) and (f) are deleted;
14. in Paragraph 3 (5):
"(5) When repairing or modernising a panel house to change construction within the meaning of the building law, the conditions for specific heat consumption of the panel house laid down by the legislation9a must be met. '
15. in Article 3 (6), the words "upgrading or regeneration" shall be replaced by the words "or modernisation."
16.
Amount of aid
(1) The aid is granted at the rate of the difference in the instalments to the loan corresponding to a reduction of interest on the loan by a maximum of 4 percentage points but up to the rate actually paid.
(2) The amount of the aid shall be determined on the basis of the initial amount of the loan or part of the loan to which the aid is granted, the interest rate agreed at the time of the conclusion of the credit agreement and the theoretical distribution of the instalments based on the assumption of the same regular monthly instalments involving the principal and interest from the date of submission of the aid application to the maturity date of the credit agreement, but not more than 15 years.
(3) 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.
(4) 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.
(5) 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 panel house referred to in Annex 2 to this Regulation, even if the loan has been granted to finance other activities.
(6) 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 in the final calculation of the aid. ';
17. in the last sentence of Paragraph 5 (1), the words "and that" shall be deleted and at the end of the text shall be added the words "to the maturity date of the loan provided for in the credit agreement, but not more than 15 years after the date of submission of the aid application."
18. In Article 5 (2), the words "but not less than 5 years after the date of entry into force of the aid contract shall be inserted after the word" aid. "
19. in the first and second sentences of Paragraph 5 (3), the words "or the community of unit owners," shall be inserted after the words "new owner."
20. in Article 5 (4) and (5):
"(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 modernisation of the panel house shall be understood as a record of the handover of the finished article of the work signed by the contractor and the beneficiary of the aid pursuant to 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 panel house is completed within 3 years of the conclusion of the credit agreement for which the aid is granted. '
21. In the first sentence of Paragraph 5 (8), the words "modernisation or regeneration" shall be replaced by "or modernisation."
22. in Paragraph 7 (1), the words "and the beneficiary of the aid shall, at the request of the Fund, pay the aid already drawn for the account of the Fund, together with the periodic penalty payment provided for by the special legislature12" shall be deleted, including footnote 12.
23. in Article 9 (2), "§ 3 (5)" is replaced by "§ 3 (4)";
24. The heading of Annex No 2 reads: "List of repairs and modernization of panel houses eligible for aid."
25. In Annex 2, the explanatory note marked *), including the reference thereto, is deleted.
Transitional provisions
1. Legal relations arising under Government Decree No. 299 / 2001 Coll., as effective by the date of entry into force of this Regulation and the rights and obligations arising therefrom, shall be governed by existing legislation.
2. Applications for aid pursuant to Government Decree No. 299 / 2001 Coll., submitted by the date of entry into force of this Regulation, shall be assessed and dealt with in accordance with existing legislation.
Efficacy
This Regulation shall enter into force on 1 July 2006.
Prime Minister:
Ing. Paroubek v. r.
Minister for Local Development:
Mgr. Martínek v. r.
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Regulation Information
| Citation | Government Regulation No. 325 / 2006 Coll., amending Government Regulation 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, modernisation or regeneration of panel houses, as amended |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.06.2006 |
|---|---|
| Effective from | 01.07.2006 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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