Government Decree No. 366 / 2013 Coll.
Government regulation on the treatment of certain issues related to housing co-ownership
Valid
Regulation
Effective from 01.01.2014
Text versions:
01.01.2014
20.11.2013
366
GOVERNMENT REGULATION
of 30 October 2013
on the adaptation of certain issues relating to housing co-ownership
The Government orders the implementation of Act No. 89 / 2012 Coll., Civil Code:
GENERAL PROVISIONS
Subject matter
(1) This Regulation provides for:
(a) the method of calculating the floor area of the apartment in the unit;
(b) parts of immovable property which are common;
(c) the details of the activities relating to house and parcel management.
(2) The provisions of this Regulation concerning an apartment shall also apply to non-residential premises.
METHOD OF CALCULATION OF FLOW PLACES
Space border of the apartment
For the purpose of calculating the floor area, the apartment, as a space-separated part of the house, is enclosed by the inner surfaces of the perimeter walls of this space-separated part of the house, floor, ceiling or construction of the roof and fillings of the building openings in the walls bordering the apartment; This applies mutatis mutandis to the boundaries of rooms which are as part of an apartment located outside the main living area.
Method of calculating the floor area of the apartment in the unit
(1) The floor area of the apartment in the unit consists of the floor area of all rooms of the apartment including the floor area of all vertical supporting and non-upholstery structures inside the apartment, such as walls, columns, pillars, chimneys and similar vertical structures. The surface area is defined by the inner face of vertical structures delimiting the apartment, including their surface treatment. The floor area covered with built-in objects, such as the cabinets in the walls of the apartment, bath and other furnishing items in the interior of the apartment, is also included.
(2) The floor area of a mezzonette apartment situated in two or more floors connected by a staircase inside the apartment shall consist of a floor plan area of all rooms calculated in the manner laid down in paragraph 1 and an area of only the bottom projection of the staircase.
(3) In the case of an apartment with a gallery where the upper room is connected to the lower room by a staircase, the floor area of the gallery shall be counted as the floor area of the room if the underpass height of that space is at least 230 cm even if it is not completely closed by all walls; the area of the lower room, if at least the same underpass height, and the area of the lower projection of the staircase, shall be counted simultaneously. If the minimum underpass height conditions are not met, only the lower room area shall be counted.
(4) The calculated floor area of the apartment referred to in paragraphs 1 to 3 shall be declared in m2 and rounded to one decimal place by rounding up five hundredths and more, to less than five hundredths of m2, shall not be taken into account.
COMMON PARTS OF IMMOVABLE MATTERS
In addition to the land on which the house is built, the common parts of the real estate may also be land functionally linked to the operation and management of the house and to the use of units on which, in particular, reinforced areas, front gardens, parking areas, yards or small buildings, in particular waste water treatment plant, septic tank, trafostation, boiler room and other structures necessary to ensure the operation and administration of the house.
Common parts of the house
(1) The common parts of the house, as essential parts for the preservation of the house, including its main structures and its shape and appearance, as well as for the preservation of the apartment of another owner of the unit, and the equipment used by the owner of the unit for the use of the apartment pursuant to Article 1160 (2) of the Civil Code, are in particular:
(a) horizontal and vertical support structures including house foundations, house perimeter walls;
(b) the roof, including the fillers of exit holes, insulation, lightning ducts, catwalks, rain sinks and outdoor or indoor drains;
(c) chimneys such as construction structures of their whole building length, including linings taken together with a chimney, other than retrofitted chimney liners taken with the consent of the person responsible for managing the house by the individual owners of the units to which the heat appliances of those owners are sealed and which form one technological unit as the combustion path of the heat appliance;
(d) thresholds, staircases, entrances and entrance doors to the house, facades, staircases, corridors, fillings of building openings of the main vertical structure (windows including shutters),
(e) an exposition box (exposition) to the extent that it is located in the plane of the perimeter wall of the house, including the outer glass and the shutter, which is always in the exclusive use of the owner of the unit, except for parts of the exposition entering from the inner surface of the circumference wall into the interior of the room,
(f) balconies, logbooks, terraces, atria, even if they are accessible only from the apartment, balcony doors, logbooks and terraces; these common parts, if only accessible from the apartment, are always used exclusively by the owner of the unit concerned,
(g) home boilers, exchange rooms, including all technical equipment and components, if not owned by another person;
(h) lifts in common parts, including evacuation and fire elevators, car hauls and platforms, external fire escape;
(i) soils, almonds, laundry rooms, drying rooms, strollers, collars, basins and rooms located in common parts of the house which are not defined as an apartment or part of the apartment;
(j) pools, as well as spaces in which parking spaces are located, if not included in the unit.
(2) The common parts of the house are always the perimeter walls of the space-bordering apartment even if it is a non-load-bearing vertical structure, all the supporting vertical structures inside the apartment, such as mainly walls, columns and pillars, with the exception of surface treatments such as internal plaster, paintings and any covers on the walls, wallpaper, wood or other linings, cassette ceilings and similar internal wall or ceiling linings, and also the construction of built-in closets in the walls.
(3) The floors are common parts of the house, except for floor coverings in the apartment and all that is associated with laying or settling and with the function of the appropriate type of floor coverings, together with possible step noise insulation and thermal insulation, if it is part of the floor coverings and does not interfere with the common parts of the house.
The common parts of the house are further
(a) connections from the main line or from the main line for the supply of energy, water, waste water removal, if they are not owned by suppliers, household sewage pipes to the outlet (s) for the connection of the waste water pipe from the flat, household rainwater drainage pipes;
(b) electricity distribution to the housing circuit breaker behind the electrometer;
(c) gas distribution to the closure for the flat;
(d) the distribution of hot and cold water, including climb shafts, whether they are the main vertical manifolds or turnovers from them to flat dimensional gauges, or to apartment closures, if measuring instruments for individual flats are not installed, including such gauges or closures; This does not apply to divorces within an apartment, including water supply batteries,
(e) when it comes to central heating, the whole system of heat distribution, including distribution in the apartment, radiators and other heating units, including thermostatic valves and heating costs; parts of the distribution located in the apartment, radiators and thermostatic valves are in the exclusive use of the owner of the unit as common parts,
(f) fire-fighting equipment, emergency lighting including backup sources, lighting of common parts;
(g) all air-conditioning equipment to be connected to the flat if it has been acquired as common; This does not apply to air-conditioning equipment when acquired by the owner of the unit; This applies mutatis mutandis to all types of ventilation,
(h) systems of distribution and reception of television signals and data networks up to connection to the apartment;
(i) the distribution of the telephone, home bell, indoor equipment and artistic decoration of the common parts of the house, entrance gates, gates, doors and other accessories of the house, which are strictly necessary for the operation of the house and for the use of the units and for the purpose of its nature.
DETAILS ON ACTIVITIES RELATING TO HOME AND LEVEL MANAGEMENT
Home and land management activities
Activities relating to the management of the house and the land in terms of operational and technical matters shall in particular:
(a) the operation, maintenance, repair, construction and other changes to the common parts of the house, including changes to the purpose of their use; This also applies to all technical equipment of the house, as common parts, as well as common parts reserved for the exclusive use of the owner of the unit, provided that, according to the declarations or statutes of the community of owners of the units, the activity is not related to the owner of the unit in the management of that common part at its own expense,
(b) the revision of technical networks, common technical equipment of the house, fire protection equipment, lightning ducts, energy distribution including heat, hot water, drinking water and telecommunications equipment, and other common equipment according to the technical equipment of the house;
(c) maintenance of land and maintenance of access routes on land;
(d) the exercise of the right of entry in the flat where the owner of the unit regulates his / her apartment by construction, including the possibility to require, where justified, the presentation of building documentation, if required under other legislation, to verify that the building modifications do not jeopardise, harm or alter the common parts of the house.
Activities concerning the management of the house and the land in terms of administrative activities shall in particular:
(a) the provision of all administrative, administrative and operational technical activities, including the management of the relevant technical and operational documentation of the house, the retention of the documentation of the building corresponding to its actual implementation under other legislation1) and the provision of other activities resulting from the administration of the house and the land from other legislation;
(b) determining and collecting pre-determined funds from the owners of the units as advances for house and parcel management contributions, setting advances for payment of service prices and billing and settlement;
(c) keeping accounts, processing and presentation of tax returns, proper management of funds, keeping a list of members of the units' owners' communities;
(d) the application and enforcement of obligations against individual owners of units which impose other legislation on them or arise from the statutes of the association of owners of units and the resolution of the assembly of owners of units adopted in accordance with other legislation and the statutes of the association of owners of units;
(e) activities related to the operation of common parts and technical installations serving persons other than the owners of units in the house, including the negotiation of associated contracts;
(f) the exercise of activities relating to the exercise of the rights of owners of units.
If the owner of the unit does not comply with the obligation to maintain the apartment as required by the safe condition of the house and there is a direct risk of damage to another apartment, the person responsible for the administration of the house is entitled to take measures to remedy it even if it is not a threat to the safe condition of the house as a whole. This shall not affect the right of the owner of the unit to take corrective measures.
(1) For the purposes of house and parcel management, the person responsible for house and parcel management shall be entitled to negotiate contracts relating in particular to:
(a) the provision of house and parcel management activities;
(b) ensuring the supply of services related to the use of common parts and related to the use of units, unless the supply of which by the owners of the units is provided directly to the supplier;
(c) house insurance,
(d) the rental of common parts of the house; and
(e) ensuring the operation of selected technical installations associated with the use of common parts of the house and with the use of units for which the person responsible for the administration of the house and the land is not authorised to operate them, such as home boilers, exchange stations, dieselagregates and similar dedicated technical installations.
(2) The person responsible for the administration of the house and the land oversees the performance of the contracts concluded and claims for breach of the obligations of the other Contracting Party.
The person responsible for the management of the house and the land shall be entitled, if so determined by the assembly of the owners of the units, to conclude or amend the contract with the person to provide for certain activities of the management of the house and land.
For the purpose of allocating contributions of the same amount per unit in accordance with Article 1180 (2) of the Civil Code, the remuneration of the person managing the house shall be understood as the remuneration of the trustee in the house where the unit owners' community did not arise; The remuneration of members of the authorities of the person who manages the house shall be understood as the remuneration of members of the elected bodies of the community of unit owners.
Some other activities of the unit owners' community in house and land management
(1) The statutory body of the community of owners of units shall be responsible for deciding on the acquisition, disposal or loading of movable goods whose purchase price does not exceed CZK 10 000 in the calendar year, and for deciding on the disposal or loading of movable goods whose remaining price does not exceed CZK 10 000 in the calendar year; This does not apply if the statutes of the community of unit owners determine otherwise.
(2) The statutory body of the community of owners of the units shall be responsible for deciding on the repair or construction of the common parts of the real estate, provided that the costs in each case do not exceed CZK 1,000 on average per unit; This limit shall not apply in the case of repairs caused by an accident in common parts or where the statutes of the unit owners' community indicate otherwise.
(1) In order to acquire, dispose of or dispose of immovable property owned by the community of owners of the units, the assembly of owners of the units may give prior approval only if the acquisition of immovable property for the purposes of house and property management; decision-making in this matter is not for the statutory body of the community of owners of units.
(2) In order to negotiate a loan and to conclude a contract establishing a lien to the unit, if the owner of the unit concerned has agreed in writing with the conclusion of the lien, the assembly of owners of the units shall be entitled to give consent only for the purposes of the management of the house and land, in particular for the repair, modification of the common parts or modification of the construction, the implementation of which has been approved by the resolution of the unit owners.
Management of unit owners' associations in the management of houses and land
The budget for the calendar year, drawn up in accordance with the rules laid down in the Statutes, shall be approved by the assembly of unit owners, which shall also approve the results of its implementation as part of the approval of the management report of the unit owners' community.
(1) In particular, the reception of the unit owners' community is:
(a) contributions of owners of units to the administration of the house and land pursuant to Section 1180 of the Civil Code,
(b) interest on late payments received from owners of units on account of late payments of house and property management contributions under Section 1180 of the Civil Code;
(c) interest on late payments received from owners of units on account of late payments for transactions connected with or related to the use of the unit under Section 1181 of the Civil Code, including arrears from their billing, and fines for failure to fulfil the obligations of the owner of the unit under Section 13 (1) of Act No. 67 / 2013 Coll., which regulates certain issues relating to the provision of services related to the use of apartments and non-residential premises in the house with apartments,
(d) interest on deposits in the bank accounts of the Community of unit owners;
(e) periodic penalty payments, interest on late payments and contractual fines paid by third parties for breach of obligations under contracts concluded by the Community of owners of units;
(f) insurance premiums on insurance contracts concluded by the community of owners of units relating to common parts and bonification for favourable conduct; and
(g) income arising from the treatment of the property of the community of owners of units.
(2) The income of the unit owners' community shall not be the income arising from the treatment of the common parts, even if they are paid into the bank account of the unit owners' community; in particular, the following revenue:
(a) rental of common parts of the house,
(b) interest on late payments due on account of late payments by tenants of these common parts with rent payments and payments for transactions connected with the use of such common parts, including arrears on their bill; and
(c) revenue from third parties arising from the operation of technical installations in the house for such persons.
Definition of certain costs of own administrative activity
The similar costs of the administrative activities referred to in Paragraph 1180 (2) of the Civil Code are, in particular:
(a) the cost of setting up, maintaining and cancelling the bank accounts of the units' owners' community;
(b) the cost of discharging and accounting for transactions associated with the use of units, including the cost of deducting the values from the water consumption measuring instruments and from the equipment used for discharging heat costs;
(c) the cost of the acquisition of property used for its own administrative activities, such as computers, including software equipment and depreciation;
(d) the cost of the office of the person responsible for the administration of the house and land, such as equipment, office supplies, electricity consumption, if separately measured, postal charges; and
(e) costs associated with the provision of legal services relating to house and parcel management.
EFFECTIVE
This Regulation shall take effect on 1 January 2014.
Prime Minister:
Rusnok v. r.
Minister for Local Development:
Lukl v. r.
1) For example Decree No. 499 / 2006 Coll., on Documentation of Buildings, as amended by Decree No. 62 / 2013 Coll., Decree No. 268 / 2009 Coll., on Technical Requirements for Buildings, as amended by Decree No. 20 / 2012 Coll.
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Regulation Information
| Citation | Government Regulation No 366 / 2013 Coll., on the modification of certain issues related to housing co-ownership |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 20.11.2013 |
|---|---|
| Effective from | 01.01.2014 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Civil law
Civil law substantive
The regulation text is for informational purposes only.
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