Government Decree No. 369 / 2003 Coll.
Government regulation on the use of State Housing Development Funds to cover part of the costs associated with the construction of flats intended primarily for employees of beneficiaries of investment incentives
Valid
Regulation
Effective from 04.11.2003
Text versions:
04.11.2003
369
GOVERNMENT REGULATION
of 13 October 2003
on the use of the resources of the State Housing Development Fund to cover part of the costs associated with the construction of flats intended primarily for employees of beneficiaries of investment incentives
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 authorities of the Czech Republic in the case of transfers of state property to other persons and on the National Property Fund of the Czech Republic, as amended, to implement § 3 (1) (c) of this Act:
Subject matter
This Regulation regulates the conditions and scope of the grant to municipalities of the State Housing Development Fund (hereinafter referred to as "the Fund ') to support the construction of rental apartments intended primarily for employees of a natural or legal person who has been provided with an investment incentive under a specific legislation. 1)
Definition of terms
For the purposes of this Regulation:
(a) a rental apartment intended to satisfy the housing needs of natural persons by renting an apartment (hereinafter referred to as an apartment);
(b) construction
1. construction of apartment domu2) with flats,
2. a change in the construction which creates a new apartment from premises intended so far for purposes other than housing; or
3. superstructure, soil structure or extension if it has a new apartment,
(c) the purchase price of the flat, the price established under the special law on the valuation of assets, (3) at the date of the acquisition of the legal authority of the decision on the approval;
(d) an adjustable flat which, without further construction, can serve persons with reduced mobility, in particular persons affected by movement, visual, auditory, mental or advanced age, and fulfils the conditions set out in the Annex to this Regulation;
(e) an employee of an employee (5) of a natural or legal person who has been provided with an investment incentive under a special legislation. 1)
Conditions for granting and using the subsidy
(1) A subsidy may be granted to a municipality for construction carried out on its territory if the following conditions are met:
(a) the municipality does not pool construction funds with another legal person or with a natural person;
(b) the land on which the construction will be carried out is owned by the municipality and is not encumbered by a lien or burden, with the exception of the lien on which the loan granted for the construction or modification of the construction, lien on behalf of the grant provider, or lien on which the loan for the repair, modernisation or reconstruction of the construction is secured;
(c) the building, 6) in which new flats are created must be owned by the municipality,
(d) the municipality in whose territory the building will be built, (2) it has an approved zoning plan or regulatory plan (7) or an agreed urban study (8) which allows construction pursuant to § 2 (b);
(e) the municipality has a final building permit which allows construction pursuant to § 2 (b);
(f) the contractor of the building is selected in accordance with the specific public procurement law, 9)
g) for a construction whose total investment costs exceed CZK 20 000 000, the contractor has an established quality management system in accordance with the Czech state standard, 10)
(h) the construction or modification thereof complies with the specific heat consumption requirements laid down in the specific legislation, 11)
(i) if there is a construction of a housing house (2) with 10 or more apartments, at least 5% of the apartments must be adjustable;
(j) the decision on the approval of the construction will become final within 3 years of the date of conclusion of the grant contract.
(2) Another condition under which the subsidy can be granted is that the Government agrees to the grant in a particular case.
The condition under which the grant is granted is that the municipality for 20 years
(a) it does not transfer ownership to an apartment building, 2) or to an apartment unit, or to a co-ownership interest in it in another person;
(b) not establish a housing house (2) or a unit which is an apartment, a lien or a liability in kind for the benefit of a third party, except for a lien which guarantees a loan for construction, or a change in the construction, a lien for the benefit of the grant provider, or a lien which guarantees a loan for repair, modernisation or reconstruction of the construction;
(c) does not change the use of the apartment for purposes other than housing;
(d) does not provide for rent from an apartment for which a subsidy has been granted in excess of the product of the purchase price of the apartment and the monthly coefficient of 0,00333; the rent thus determined may be adjusted by the municipality on 1 July each year, but not earlier than 12 months, by the rate of inflation expressed as an 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 last calendar year and published by the Czech Statistical Office,
(e) they shall not be subject to the conclusion of a lease contract by the deposit of funds to cover the costs of construction or other financial performance; only contracts for the provision of a refundable advance on rent and the price of services provided with a residence not exceeding three times the monthly rent may be concluded,
f) does not consent to the conclusion of a sublease contract, 12)
(g) a lease contract for an apartment built with a subsidy under this Regulation shall always be concluded by the municipality with employees for a period of 2 years, renewable.
Amount of subsidy
The subsidy may be granted up to
(a) CZK 400,000 per apartment resulting from construction pursuant to § 2 (b) (1),
b) 370 000 CZK per apartment created by construction pursuant to § 2 (b) (2) or (3).
Procedure for granting the subsidy
(1) The subsidy may be granted to the municipality on the basis of a written request and other documents submitted by the Fund.
(2) The municipality attaches to the written application
(a) if the construction is carried out in accordance with Article 2 (b) (1), proof of approval of the zoning plan or the regulatory plan or proof of discussion of the urban study;
(b) an authentic building permit, an extract from the property register as proof of the municipality's ownership of the land or building where the construction is to be carried out;
(c) the summary report, 13) the total budgetary costs of the construction and the financing method.
(3) If the application is not complete, the Fund shall, within 30 days of the date of receipt of the request, invite the municipality to supplement it within the prescribed time limit.
(4) The municipality will deliver additional documents to the Fund:
(a) decision by the contracting authority to select the most appropriate construction offer, 9)
(b) a construction contract pursuant to § 2 (b) concluded with the contractor of the construction,
(c) proof that the contractor has an established quality management system in accordance with the Czech technical standard, 10) according to § 3 (g);
(d) proof of how the construction is financed.
(5) The municipality shall deliver additional information to the Fund to verify the conditions set out in Section 3 if requested by the Fund.
Control and penalties
Specific legislation shall apply in order to check compliance with the conditions for granting and applying the subsidy provided for in this Regulation and the application of penalties for unauthorised use or retention. 14)
(1) This Regulation shall enter into force on the day of its publication.
(2) This Regulation shall expire on 31 December 2005.
Prime Minister:
PhDr. Špidla v. r.
Minister for Local Development:
Mgr.
Annex to Government Decree No. 369 / 2003 Coll.
Conditions for the technical solution of the adjustable apartment
1. The layout of the apartment shall correspond to the manoeuvring possibilities of the wheelchair ("the wheelchair '), its free passage through all the rooms and premises of the apartment, including the definition of the space for its storage. The living and living rooms, halls, corridors of the apartment must allow for 360 ° rotation of the trolley when the furniture is intended to be installed (a circular area of 1500 mm diameter). For apartments for more than one user, the living room (living room, one bedroom) must show sufficient space to move and manoeuvre two carts simultaneously.
2. The entrance door to the apartment, door openings and passages in the apartment shall be at least 900 mm wide. Exceptionally, the entrance door to the apartment may be at least 800 mm wide. All doors in the apartment except the entrance must have demountable thresholds. There shall be sufficient space in front and behind the door for handling the trolley.
3. Stairways and inclined ramps placed in front of the door shall have a horizontal section of length of at least 1500 mm or 2000 mm depending on the direction of opening of the door.
4. Floors shall have an anti-slip surface treatment with a shear friction coefficient of not less than 0,6.
5. Ships or balconies shall have a depth of not less than 1500 mm (preferably 1800 mm), shall be accessible at the floor level of the living room with a height difference of not more than 20 mm. At least part of the railing shall be adjusted to ensure the visibility of the person on the deck in the immediate vicinity of the building.
6. The walls of the bathroom must allow for anchoring the auxiliary handles in different positions. The shower shall be equipped with a flip-down seat of 500 mm above the floor allowing lateral or frontal access. A hand shower with lever control shall be installed. The support rail and the soap bar shall be located within reach of the seat cushion on the wall perpendicular to the wall on which it is mounted. The impactor bowl shall be fitted in such a way that there is a space at least 800 mm wide, between its forehead and its rear wall at least 700 mm wide. The door must be opened outwards.
7. The position of all hand-operated elements (switches, sockets, circuit breakers, door handles, flushing handles) shall be within a range of 600 to 1200 mm. The windows shall have a lever lock of not more than 1100 mm above the floor.
8. Accessibility of all premises of home equipment, i.e. designated cellar boxes, rooms for bicycles and prams, workshops, laundry and drying rooms, or a safe house for civil protection, including the apartment itself, shall be addressed from the point of view of persons using the trolley. In case garages are designed in the framework of residential construction, it is necessary to assign a 3500 mm width standing to the adjustable apartment, accessible barrier-free.
1) Act No. 72 / 2000 Coll., on investment incentives and on the amendment of certain laws (Act on investment incentives), as amended by Act No. 453 / 2001 Coll. and Act No. 320 / 2002 Coll.
2) § 3 (b) of Decree No. 137 / 1998 Coll., on general technical requirements for construction.
3) Paragraph 2 (3) (a) of Act No 151 / 1997 Coll., on the valuation of assets and on the amendment of certain laws (Law on the valuation of assets).
4) § 139b (3) (c) of Act No. 50 / 1976 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended by Act No. 83 / 1998 Coll.
5) Section 27 of the Labour Code.
6) § 3 (a) of Decree No. 137 / 1998 Coll.
7) Article 11 of Act No. 50 / 1976 Coll., as amended by Act No. 262 / 1992 Coll. and Act No. 83 / 1998 Coll.
8) Paragraph 3 (2) (a) of Act No. 50 / 1976 Coll., as amended by Act No. 262 / 1992 Coll. and Act No. 83 / 1998 Coll.
9) Act No. 199 / 1994 Coll., on Public Procurement, as amended by Act No. 148 / 1996 Coll., Act No. 93 / 1998 Coll., Act No. 28 / 2000 Coll., Act No. 256 / 2000 Coll., Act No. 39 / 2001 Coll., Act No. 142 / 2001 Coll., Act No. 130 / 2002 Coll., Act No. 211 / 2002 Coll., Act No. 278 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 424 / 2002 Coll. and Act No. 517 / 2002 Coll.
10) EN ISO 9001: 2001.
11) Decree No. 291 / 2001 Coll., laying down details of the efficiency of energy use in heat consumption in buildings.
12) § 719 of the Civil Code.
13) Paragraph 18 (1) (a) of Decree No. 132 / 1998 Coll., implementing certain provisions of the Building Act.
14) Article 44 of Act No. 218 / 2000 Coll., on Budgetary Rules and on the Amendment of Certain Related Acts (Budgetary Rules), as amended by Act No. 187 / 2001 Coll. and Act No. 320 / 2001 Coll. Act No. 320 / 2001 Coll., on financial control in public administration and amending certain laws (Act on Financial Control), as amended by Act No. 309 / 2002 Coll., Act No. 320 / 2002 Coll. and Act No. 123 / 2003 Coll.
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Regulation Information
| Citation | Government Decree No. 369 / 2003 Coll., on the use of the resources of the State Housing Development Fund to cover part of the costs associated with the construction of flats intended primarily for employees of beneficiaries of investment incentives |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 04.11.2003 |
|---|---|
| Effective from | 04.11.2003 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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