Government Regulation No 333 / 2009 Coll.
Government Regulation on the conditions for the use of State Housing Development Funds to cover part of the costs of building social housing in the form of grants to legal and natural persons
Valid
Effective from 01.11.2009
333
GOVERNMENT REGULATION
of 17 August 2009
on the conditions for the use of State Housing Development Funds to cover part of the costs of building social housing in the form of grants to legal and natural persons
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.:
Subject matter
This Regulation regulates the conditions for the granting and use of the funds of the State Housing Development Fund (hereinafter referred to as the Fund) to cover part of the costs associated with the construction of social housing in the Czech Republic in the form of grants to legal and natural persons. The creation of conditions for social housing is in line with the public interest of the Czech Republic.
Definition of terms
For the purposes of this Regulation:
(a) a social housing apartment built with a subsidy under this Regulation;
(b) construction
1. new building of the social apartment in the apartment house 1),
2. the construction adjustment (2) resulting in a social apartment from areas intended for purposes other than housing;
3. superstructure or ports2) which creates a social apartment; or
4. the construction of an apartment which is unfit for living and which creates a social apartment,
(c) an adjustable apartment which meets the requirements for wheelchair-free housing under another legislation governing technical requirements for wheelchair-free use of buildings;
(d) net income income determined in the same way and to the same extent as income collected for the purposes of life minima under other legislation3),
(e) the average monthly salary of the average monthly nominal wage per person on the national economy established and published by the Czech Statistical Office;
(f) the floor area of the social flat, the sum of the floor areas of all the rooms of the apartment, including the rooms constituting the accessories of the apartment,
(g) household households defined by the Civil Code.
Beneficiaries
The beneficiary of the subsidy may be a legal or natural person having its registered office or residence in the territory of:
(a) one of the Member States of the European Union;
(b) a State Party to the Agreement on the European Economic Area; or
(c) the Swiss Confederation.
Conditions for granting the subsidy
The subsidy may be granted if the following conditions are met:
(a) the land on which the construction will be carried out is owned by the applicant and the land is free from lien for the benefit of a third party;
(b) a building in which construction will be carried out pursuant to § 2 (b). (b) points 2 to 4 shall be owned by the applicant and the building shall be free of lien for the benefit of a third party, with the exception of the lien which guarantees the loan for construction;
(c) construction is authorised or approved under another legislation (4);
(d) the applicant does not have, at the date on which the application for a grant is submitted, a outstanding balance in relation to the public budget or the health insurance undertaking;
e) the contractor, which will carry out the construction of more than 12 social flats, has a system of quality management according to Czech standards,
(f) the floor area of the social flat shall not exceed 120 m2,
(g) if more than 10 social dwellings are involved, at least 1 flat must be adjustable from each other started;
(h) the construction must be completed and capable of being used within 3 years of the conclusion of the grant contract; that period may be extended by decision of the Fund Committee for reasons of particular concern,
(i) the applicant must not be in bankruptcy or liquidation on the date on which the application for a subsidy is submitted;
(j) if the construction is carried out in accordance with § 2 (b) (1), the construction must meet the energy performance requirements of the buildings applicable to Class B under another legislation5.
Conditions for the conclusion of rental contracts for social housing
(1) The beneficiary of the subsidy shall conclude a lease contract with a person who proves that his average monthly income in the 12 calendar months preceding the conclusion of the lease contract did not exceed 0,8 times the average monthly salary.
(2) Where the person referred to in paragraph 1 uses the social flat of another person or person constituting the household, the person with whom the lease is to be concluded shall prove that the average net monthly income of the household in the 12 calendar months preceding the conclusion of the lease contract did not exceed:
(a) the average monthly salary in the case of a household with two members;
(b) 1.2 times the average monthly wage for a household of 3 members;
(c) 1,5 times the average monthly wage for a household of 4 members;
(d) 1,8 times the average monthly wage for a household of 5 or more members.
(3) If the lease contract is concluded between 1 July and 31 December, the net monthly income of the person referred to in paragraph 1 or the net monthly income of his household will be compared with the average monthly salary for the immediately preceding calendar year. If the lease contract to the social flat is concluded between 1 January and 30 June, the net monthly income shall be compared with the average monthly salary for the preceding calendar year.
Other conditions for the conclusion of rental contracts for social housing
(1) The beneficiary of the subsidy shall conclude a lease agreement with a person who fulfils the conditions laid down in Article 5 only if, at the date of the conclusion of the lease, that person does not have the right of ownership to an apartment, a family home or an apartment, is not a member of a housing cooperative with the right to rent a cooperative flat, nor does he use another social apartment at the date of the lease; This condition must also be met by other members of the household who are to live in a social apartment.
(2) Within a period of not more than 15 years from the date on which the construction was completed and capable of being used, each of the social housing units shall serve a total of 10 years to accommodate persons fulfilling the conditions laid down in § 5 and paragraph 1.
(3) The beneficiary of the subsidy shall conclude a lease contract for a maximum of 2 years. The rental relationship to this apartment will be extended provided that the lessee meets the conditions set out in § 5 and paragraph 1 at the date of the extension of the rental relationship and fulfils its obligations due to the content of the rental relationship, but always for no more than 1 year. The condition shall be deemed to be fulfilled even if the lessee exceeds the fixed multiple of the average monthly salary provided for in this Regulation by a maximum of 25% and only once within the framework of the reextension of the lease.
(4) The beneficiary of the subsidy shall not make the conclusion of a rental contract for a social flat subject to the deposit of funds to cover the costs of construction or other cash transactions, with the exception of funds to cover the rent and payment for the service provided in connection with the use of the flat, and to cover other obligations relating to the rent not exceeding three times the monthly rent and the advance payment for the service provided in connection with the use of the social flat.
(5) The beneficiary of the subsidy shall not conclude a lease contract for a social flat if:
(a) a natural person, with a person close to the point (9);
(b) a legal person;
1. with the statutory authority of that legal person or its member;
2. with a member of the supervisory or management body of that legal person,
3. with the partner or member of the legal person; or
4. with the founder of this legal entity.
(6) The beneficiary of the subsidy will not consent to the transfer of the social apartment or part of it to the lease (10).
(7) The monthly rent from the apartment to which the subsidy was granted must not exceed the product of the purchase price of the flat less the subsidy granted and the coefficient of 0,00333. The rent thus determined may be increased annually by 1 July, but not earlier than 12 months, by the rate of inflation expressed by the increase in the average index of consumer prices for the 12 months of the last calendar year against the average of 12 months of the preceding calendar year and published by the Czech Statistical Office.
(8) The conditions set out in paragraphs 5 and 1 to 7 shall be complied with by the beneficiary for a total of 10 years in the period not exceeding 15 years from the date on which the construction was completed and is capable of being used, at the time when the social flat is leased to a person who fulfils the conditions of this Regulation.
Conditions for the treatment of social housing
(1) The beneficiary of the subsidy shall not transfer, at a time when the social flat serves the purpose of this Regulation, the right to such a social apartment to another person without the consent of the Fund Committee. If the person to whom the right of ownership is transferred complies with the conditions laid down in this Regulation and undertakes to assume the rights and obligations associated with the grant, the Fund Committee shall agree to the transfer.
(2) The beneficiary of the subsidy shall not conclude a construction contract under the Law governing the ownership of apartments, which would apply to a house with social apartments, when the social flat serves the purpose of this Regulation.
(3) The beneficiary of the subsidy shall not be entitled to change the use of the social flat for purposes other than housing for the period during which the social flat serves the purpose of this Regulation.
(4) The beneficiary of the subsidy shall not be burdened for the period during which the social flat serves the purpose of this Regulation, a house with such an apartment with a lien for the benefit of a third party, with the exception of the lien for which a bank loan granted for construction is secured.
(5) In the event of a transfer of title to a social flat at a time when the social apartment serves the purpose of this Regulation, the person to whom the right of ownership has been transferred shall notify the Fund of that fact.
(6) In the case of the provision of a asylum home (11), the grant of a grant for the payment of a net rent or a proportional part of it under the State Integration Programme of the Ministry of Interior is not considered to be a co-financing of subsidies.
Amount of subsidy
(1) The total amount of the subsidy is calculated as the sum of the individual social housing subsidies.
(2) The subsidy per social flat shall be calculated as the product of the area of the floor area of the flat and of the financial amount per 1m2, with the financial amount being:
(a) 6 500 CZK / m2 for construction under § 2 (b) (1) or (3);
(b) 5 500 CZK / m2 for construction pursuant to § 2 (b) (2) or (4).
(3) The subsidy for an individual social flat, calculated in accordance with paragraph 2, may not at the same time exceed:
(a) 500 000 CZK for construction under § 2 (b) (1) or (3);
(b) CZK 420 000 for construction pursuant to § 2 (b) (2) or (4).
(4) The amount of the subsidy for this apartment calculated in accordance with paragraphs 2 and 3 shall be increased by CZK 50 000 if an adjustable apartment is built.
(5) In case the construction meets the requirements for energy performance of the buildings applicable to Class A under another legislation4), the total amount of subsidy is increased by CZK 100 000 for each social apartment.
(6) If the construction pursuant to § 2 (b) (2), (3) or (4) meets the requirements for the energy performance of the buildings applicable to Class B under another legislation (4), the total amount of the grant is increased by CZK 50 000 for each social apartment.
(7) The total amount of the subsidy must not exceed 30% of the total investment cost of the construction.
(8) The beneficiary of the subsidy can also use the funds from the State Environmental Fund provided by the Ministry of the Environment Directive under the Green Savings Programme to build a social apartment. However, where these funds are granted, entitlement to an increase in the subsidy referred to in paragraphs 5 and 6 may not be claimed. Where a subsidy is granted under the "Green Savings' programme for the use of renewable energy sources for heating and hot water preparation, the investment costs of implementing measures related to this shall not be taken into account in the total investment costs relevant for the calculation of the total amount of the subsidy referred to in paragraph 7.
Application for subsidy
(1) Applications for grants shall be submitted to the Fund in paper form and shall be dealt with in the order in which they were received.
(2) The application for a subsidy shall include the name, surname, domicile and date of birth of the applicant if the applicant is a natural person, a commercial firm, or a place of business, if any, if different from the place of residence, if the applicant is an undertaking, and the name and registered office of the applicant is a legal person.
(3) The applicant shall accompany the application for a subsidy:
(a) a final territorial decision, if required for the proposed construction, a proof of the issue of a regulatory plan, a territorial agreement or a public contract replacing the territorial decision;
(b) a final building permit or a public contract for the execution of a construction contract which may be replaced by a building permit, a certificate of an authorized inspector, an agreement to carry out the notified construction, a declaration by the applicant that a decision has not been issued by the building authority to prohibit the execution of the notified construction site, or a declaration by the applicant that the building modifications do not require a building permit or a declaration;
(c) a statement by the applicant that, on the date on which the application for a subsidy is submitted, it does not have a outstanding balance to the public budget or to the health insurance undertaking;
(d) for construction according to § 2 (b). (b) point 4 of the opinion of an authorized engineer in the field of ground construction, an expert opinion prepared by an expert in the field of ground construction, or an opinion of the statistic of the buildings evidencing the incapacity of the apartment for housing;
(e) a declaration by the applicant that he is not in bankruptcy or liquidation or that he is not in danger of bankruptcy;
(f) a financial project containing the budgetary costs of the construction of social housing, data showing the total financial coverage of the budgetary costs, including the expected subsidy, the number and area of individual housing, the number of adjustable flats and the energy performance class,
(g) the written opinion of the municipality in whose territory the construction is to be carried out on the need for the construction of social housing; where the applicant is a municipality, no opinion is required;
(h) a construction contract concluded with the contractor of the construction, unless the applicant himself carries out the construction;
(i) in the case of construction of more than 12 social flats, proof that the contractor of the building has an established quality management system according to the applicable Czech standards;
(j) a summary technical report setting out the number of social apartments and the ground features of each floor, identifying all social apartments;
(k) the bank's promise to grant a bank loan, which is also considered to be conditional on the granting of a grant under this Regulation, or a bank loan contract, if the bank's credit is also the source of the financial envelope, or a declaration that the applicant has sufficient own funds to cover the construction;
(l) in the case of a request for a subsidy pursuant to Article 8 (5) or (6), proof of the energy performance of buildings under another legislation (5) and a declaration that it has neither used nor used the funds from the programme referred to in Article 8 (8).
(4) If the grant application is incomplete, the Fund shall invite the applicant within 30 days of receipt of the grant 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 Management Fund shall stop.
Subsidy contract
(1) If the conditions laid down in this Regulation are met and the Fund has financing for the grant, it shall submit a draft grant contract to the applicant no later than 60 days after receipt of the complete application. The grant contract must comply with the requirements laid down in the European Union Regulation on State aid for services of general economic interest (13) or the directly applicable European Union Regulation on aid for small scale (14).
(2) If the Fund rejects the request for subsidy, it shall inform the applicant in writing and without undue delay of the reasons for the refusal.
Efficacy
This Regulation shall enter into force on the first day of the second calendar month following its publication, with the exception of Article 4 (j), which shall take effect on 1 January 2012.
Prime Minister:
Ing. Fischer, CSc.
Minister for Local Development:
Ing. Vondruška v. r.
1) § 2 of Decree No. 501 / 2006 Coll., on general requirements for the use of the territory.
2) Paragraph 2 (5) of Act No. 183 / 2006 Coll., on Territorial Planning and Construction Regulations (Construction Act).
3) Act No. 110 / 2006 Coll., on Life and Existing Minimum, as amended.
4) Act No. 183 / 2006 Coll., as amended.
5) Decree No. 148 / 2007 Coll., on the energy performance of buildings, as amended.
9) § 116 of the Civil Code.
10) § 719 of the Civil Code.
11) Act No. 325 / 1999 Coll., on asylum and amending Act No. 283 / 1991 Coll., on the Police of the Czech Republic, as amended, (Act on asylum), as amended.
13) Commission Decision of 28 November 2005 on the application of Article 86 (2) of the EC Treaty to State aid in the form of public service compensation granted to certain undertakings entrusted with the operation of services of general economic interest (notified under document number C (2005) 2673) (2005 / 842 / EC).
14) Commission Regulation (EC) No 1998 / 2006 of 15 December 2006 on the application of Articles 87 and 88 of the Treaty to de minimis aid.
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Regulation Information
| Citation | Government Decree No 333 / 2009 Coll., on the conditions for the use of funds of the State Housing Development Fund to cover part of the costs associated with the construction of social housing in the form of grants to legal and natural persons |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.09.2009 |
|---|---|
| Effective from | 01.11.2009 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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