Government Decree No. 384 / 2000 Coll.
Government Regulation laying down conditions for State financial support for repairs, modernization or reconstruction of residential buildings built by panel technology
Valid
Regulation
Effective from 07.11.2000
Text versions:
07.11.2000
384
GOVERNMENT REGULATION
of 4 October 2000
laying down conditions for State financial support for repairs, modernization or reconstruction of residential houses built by panel technology
The Government mandates the implementation of Act No. 576 / 1990 Coll., on the Rules of Management of the Budget Funds of the Czech Republic and the Municipality of the Czech Republic (Budget Rules of the Republic), as amended by Act No. 579 / 1991 Coll., Act No. 166 / 1992 Coll., Act No. 321 / 1992 Coll., Act No. 10 / 1993 Coll., Act No. 189 / 1993 Coll., Act No. 57 / 1995 Coll., Act No. 154 / 1995 Coll., Act No. 160 / 1995 Coll., Act No. 160 / 1997 Coll. and Act No. 360 / 1999 Coll.:
Subject matter
This Regulation regulates the conditions for granting financial support from the state budget to cover part of the interest on the loan granted for the construction or construction change consisting of the repair, reconstruction or modernisation of a housing building built by panel technology.
Definition of terms
For the purposes of this Regulation:
(a) a house built by panel technology housing structure, which predominates by housing function, built in one of the typical construction systems listed in Annex 1 to this Regulation, with the exception of a housing structure which, by its construction arrangement, complies with the requirements for family housing and in which more than half of the floor area of the rooms and spaces is intended for living and has a maximum of three separate apartments, no more than two above-ground and one underground floors and attic;
(b) a mortgage loan granted by the banks1) or a loan granted by the building saver to address the housing needs in the event that the participant of the building savings is not yet entitled to a loan from this saving under the Building Savings Act and State aid to the building savings, 2)
(c) repairs, reconstructions or modernization of the activity listed in Annex 2 to this Regulation, where applicable
1. repairs to remove physical wear or damage to the house in order to put it into a previous or operational condition;
2. reconstruction to change the construction or its technical parameters,
3. by modernization to expand the equipment or usability of the house,
(d) by the entrusted bank, the bank with which the Ministry of Regional Development (hereinafter referred to as the Ministry) will conclude a contract concerning receipt of applications for financial support and mediation.
Conditions for obtaining financial support
(1) A natural person who is the owner or co-owner of a house and has a permanent residence in the Czech Republic may receive financial support in the form of a contribution to the payment of part of the interest on the loan if he does not repair, reconstruct or modernise that house in the course of his business. Similarly, a natural person may receive such financial support if he or she is the owner of the residential or non-residential space under the Housing Property Act ("the Unit ') in a house in which there are less than 5 such units or less than 3 different owners, unless there is a financial support application for the unit owners' community under the Housing Owners.4)
(2) A legal person who is the owner or co-owner of a house and has its registered office in the Czech Republic may receive financial support in the form of a grant for the payment of part of the interest on the loan, unless he is revising, reconstructing or modernising that house in the course of his business. Similarly, this financial support can also be obtained by the community of owners of units established under the Housing Owner.4)
(3) Financial aid cannot be obtained for loans granted by the building savings facility from the building savings for the financing of housing needs (5) and for mortgage loans for which aid has been granted under specific legislation. 6)
(4) Financial support may be granted if the following conditions are met:
(a) at least 50% of the loan for which financial support is requested is intended to finance the repair, reconstruction or modernisation of the house listed in Annex 2 to this Regulation;
(b) the subject of repair, reconstruction or modernization of the house must always be the least repair of static disorders, reconstruction of distribution systems (medical installations, gas, heating, electrical installations, lightning ducts) and improvement of thermal technical properties; This does not apply if the condition of the house does not require any of these repairs, reconstruction or modernization,
(c) the credit for which financial support is requested is granted in Czech currency;
(d) the application for financial support shall be submitted within 6 months of the conclusion of the credit agreement and shall be supported by the positive opinion of the person referred to in paragraph 5 and by a declaration by the person requesting financial support that, at the date on which the application is submitted, he is not due in respect of the State budget or the State Fund;
(e) the supplier of the repair, reconstruction or modernisation shall be natural or legal persons having a quality management system established and certified in a manner consistent with the relevant technical standard; (7) until 31 July 2001 this condition shall be deemed to have been met if the supplier proves that he has requested the introduction of the required quality management system,
(f) the technical supervision of the implementation of repair, reconstruction or modernisation is carried out by a natural person authorised to carry out selected activities under construction, 8)
(g) the building permit has acquired legal authority.
(5) The opinion on the application for financial support referred to in paragraph 4 (d) shall be delivered by the person mentioned by the Ministry of Industry and Trade in the list published in the Trade Journal. The list may include a natural person who proves to be an authorised person in the field of ground construction, construction environment techniques or statics and building dynamics, has at least 5 years of experience in building or designing houses built by panel technology and is involved in the assessment of project documentation for repair, reconstruction or upgrading, as well as a legal person who employs or has a contractual relationship with such a natural person for the performance of that activity. Opinion on the application for financial support to be given on submission
(a) project documentation for the proposed repair, reconstruction or modernisation;
(b) the budget item in which the appropriations for the repair, reconstruction or modernisation costs listed in Annex 2 to this Regulation must be shown separately;
(c) proof of the floor area of the apartments in the house for which a loan has been granted for the repair, reconstruction or modernisation of which has been granted;
(d) evidence of the revision of the technical equipment of the house in the absence of repair, reconstruction or modernisation;
(e) energy audit where the repair, reconstruction or modernisation concerns energy savings; The energy audit must be processed at least to the extent of the applicable methodology of the Czech Energy Agency by a natural person who has been authorised to carry out selected activities under the Act 9) in the specialisation of the authorisation of energy auditing.
(6) There is no legal claim for financial support.
(7) The applicant may apply for financial support at the earliest on the date of conclusion of the credit agreement.
(8) Financial aid for the same type of repair, reconstruction or modernisation of the same building elements of the house may be granted only once.
Amount of financial support
(1) The financial aid is granted at the rate corresponding to a reduction in the interest on the loan by 3 percentage points. in the counties listed in Annex 3 to this Regulation, the financial aid shall be granted at the rate corresponding to a reduction of 4 or 5 percentage points of credit interest.
(2) The amount of the financial support shall be determined on the basis of the initial amount of the loan or its supported part, the interest rate agreed at the conclusion of the credit agreement and the theoretical distribution of credit instalments based on:
(a) in the case of the annuity of a loan on the assumption of regular equal monthly instalments involving principal and interest, for a period from the date of the application for financial support to the date of the contractual maturity of the mortgage loan, but not more than 15 years;
(b) in the case of a loan granted by a building savings bank to address a housing requirement, where the building savings participant is not yet eligible for a loan from a building savings bank, on the assumption of regular monthly interest payments on that loan for the period from the date of the application for financial support to the date of granting of the loan from the building savings for the financing of housing needs, but not more than 15 years;
(c) in other cases, on the assumption of regular equal monthly instalments of the principal of the loan, for a period from the date of the application for financial support to the date of the contractual maturity of the loan, but not more than 15 years.
(3) For a loan with a final maturity of more than 15 years from the date of submission of the application for financial support, the distribution of credit instalments shall be reduced to 15 years for the purpose of calculating the financial support.
(4) The financial support applies to a loan or part of it, the amount of which does not exceed CZK 4,800 per m2 of floor space, 10) even if the loan is higher.
(5) The financial aid shall be granted only for the part of the loan to finance the repair, reconstruction or modernisation referred to in Annex 2 to this Regulation.
Procedure for granting financial support
Financial support may be granted following a written request from the entrusted bank. The authorised bank shall forward the application together with the documents certifying compliance with the conditions for granting the financial assistance to the Ministry which shall decide on the application. The provisions of the Administrative Regulation shall not apply to decisions granting financial support.
Conditions for drawing financial support
(1) If, by reason of the applicant's failure to conclude a financial support contract no later than 2 months after receipt of the invitation by the entrusted bank to conclude a financial support contract, the financial support will not be granted. Financial support shall be paid from the date of entry into force of the contract for the granting of financial support, in successive instalments in half-yearly instalments.
(2) The purpose of the use of the house for purposes other than housing shall not be changed during the period of implementation of the financial support.
(3) Where the transfer or transfer of ownership of a house or unit to another natural or legal person is made, the financial support shall also be paid to that new owner, in accordance with the contract with the original beneficiary of the financial support, provided that the new owner takes full responsibility for the repayment of the remainder of the loan for which the financial support was granted and assumes in full the rights and obligations of the financial support contract. In the event that the new owner of the house or unit pays back the loan for which the financial support was granted by a new loan, the unused part of the financial support shall be paid to that new owner if he takes over the rights and obligations arising from the contract concluded to grant financial support.
(4) If the new owner does not exceed the rights and obligations referred to in paragraph 3, the financial support shall be paid to the original owner if he pays the loan properly and the other conditions for granting the financial support are maintained.
(5) The beneficiary shall lose entitlement to the financial support received unless a decision on the approval of the legal authority is taken within 3 years of the conclusion of the credit agreement for which the financial support is granted.
(6) In the event of an increase in the loan or changes in the distribution of instalments in the period after the conclusion of the financial support contract, neither the total contractual amount nor the amount of individual drawdowns shall be changed.
(7) If, within 2 years of the date of conclusion of the credit agreement, the amount of the financial support is not used up to the amount supported, the amount of the financial support shall be converted according to the actual amount of the drawing and the difference found shall be reduced by the last instalment or instalments of the financial support.
(8) Where a decision is taken to remove a house for which financial support has been granted to correct, reconstruct or modernise it, the beneficiary of the financial support shall notify the bank of that fact within 30 days of the date on which the decision became final.
(1) The beneficiary shall be obliged to repay the amounts of financial aid already drawn and to pay the periodic penalty payment under the special legislature11) in the event of a breach of the conditions laid down in Article 6 (5) and where less than 50% of the credit actually used for which the financial aid was granted has been used to finance the corrections, reconstruction or modernization referred to in Annex 2 to this Regulation.
(2) If the beneficiary of the financial aid for more than 1 year does not repay the principal and interest according to the specified distribution of the instalments, the drawing-up of the financial aid shall be terminated and the beneficiary shall lose his entitlement to all outstanding amounts of the financial aid. In the event of early repayment of the entire principal of the loan, the beneficiary shall lose the right to payment of all instalments of the financial support due after the date of early repayment of the entire principal of the loan.
(3) In the event of failure to comply with the conditions laid down in paragraphs 2 and 8 of Article 6, the beneficiary shall lose his entitlement to all payments of the financial aid due after the date on which the decision of the competent building office becomes final.
(4) Where the financial support has been granted on the basis of incorrect or incomplete information provided by the beneficiary of the financial support in the application for financial support, the beneficiary of the financial support shall be obliged to repay the funds paid and to pay the periodic penalty payment in accordance with a special transcription. 11)
Relations between the Ministry and the entrusted bank
(1) The relations between the Ministry and the mandated bank are governed by a mandate agreement under the Commercial Code. 12) In particular, the contract shall provide for conditions of control and penalties in the event of breach of the agreed conditions for granting financial assistance to the beneficiary under this Regulation.
(2) The Ministry will negotiate with the entrusted bank the price of the financial support brokerage service, including a reasonable profit.
Security of control and penalties
(1) Territorial Financial Authorities shall carry out checks 13) compliance with the conditions and the implementation of the financial support provided for in this Regulation.
(2) When it is established that the financial support has been drawn on or used in breach of this Regulation, the Financial Office shall recover the funds and pay the relevant periodic penalty payments. 11) The financial support beneficiary shall therefore be implemented by the Financial Office where the beneficiary of the financial support uses the financial support for a purpose other than that covered by this Regulation or where he receives financial support on the basis of incorrect or incomplete data in the application for financial support.
(3) Unauthorised or retained State budget funds paid in the form of financial support, including periodic penalty payments, shall be returned by the beneficiary of the financial support to the account of the relevant territorial financial authority.
The granting of financial support under this Regulation shall be in accordance with a special law governing the procedure for assessing the compatibility of public aid with the obligations arising from the Europe Agreement establishing an association between the Czech Republic, of the one part, and the European Communities and their Member States, of the other part. 14)
This Regulation shall enter into force on the day of its publication.
Prime Minister:
Ing. Zeman v. r.
Minister for Local Development:
Ing. Lachnit, CSc.
Minister for Industry and Trade:
Doc.
Příloha č. 1
Annex No 1 to Government Decree No 384 / 2000 Coll.
List of typical construction systems implemented in the mass construction of housing houses built by panel technology
| T 1 | T 09 B |
| T 5 | B 2 |
| T 11 | B 4 |
| T 12 | VM OS |
| T 13 | VO S |
| T 14 | VP OS |
| T 15 | B 60 |
| T 16 | B 70 |
| T 17 | B 70 - 360 |
| T 20 | MS Průmstav |
| T 22 | PS 61 |
| T 42 | PS 69 |
| T 52 | PS 69/2 |
| G 40 | HK 60 |
| G 55 | HK 65 |
| G 57 | HK 69 |
| G 58 | HKS 70 |
| G 59 | HKS G |
| G OS 64 | BP 70 OS |
| G OS 66 | VVÚ ETA |
| T 01 B | Larsen & Nielsen |
| T 02 B | BANKS |
| T 03 B | OP 1.11 |
| T 05 B | OP 1.21 |
| T 06 B | OP 1.31 |
| T 08 B |
Příloha č. 2
Annex No 2 to Government Decree No 384 / 2000 Coll.
List of corrections, reconstruction and modernisation eligible for aid
| Opatření | Kategorie | |
|---|---|---|
| 1 | Sanace základů a opravy hydroizolace spodní stavby | Oprava |
| 2 | Sanace statických vad nosné panelové konstrukce | Oprava |
| 3 | Oprava dílců obvodového pláště a reprofilace jejich styků | Oprava |
| 4 | Oprava lodžií, balkónů včetně zábradlí | Oprava |
| 5 | Výměna balkónů | Oprava; rekonstrukce |
| 6 | Zateplení neprůsvitného obvodového pláště (podmínkou je sanace dílců obvodového pláště) | Rekonstrukce; modernizace |
| 7 | Repase otvorových vnějších výplní - těsnění a drobné úpravy vnějších otvorových výplní (oken a balkónových dveří), výměna vnitřního skla pro zlepšení tepelně technických vlastností | Oprava |
| 8 | Náhrada vnějších otvorových výplní tepelně technicky (případně hlukově) dokonalejšími | Oprava; rekonstrukce |
| 9 | Opravy a zateplení střech včetně nástaveb (strojovny, pergoly atd.) | Oprava; rekonstrukce |
| 10 | Zasklení lodžií; balkónů | Modernizace |
| 11 | Obnova předložených vstupních schodů a zábradlí, zídek a dlažby | Oprava |
| 12 | Výměna vstupních stěn do objektů s uplatněním antivandalského řešení | Oprava |
| 13 | Oprava vnitřních stěn a stropů | Oprava |
| 14 | Zateplení vybraných vnitřních konstrukcí | Oprava; rekonstrukce |
| 15 | Oprava nášlapných vrstev a konstrukcí podlah ve společných prostorách | Oprava |
| 16 | Oprava komunikačních prostor | Oprava |
| 17 | Úprava vstupního a schodišťového prostoru včetně schránek a osvětlení | Oprava |
| 18 | Repase nebo výměna vstupních dveří do bytů | Oprava |
| 19 | Oprava objektových předávacích stanic nebo strojoven se za¬řízením pro přípravu TUV | Oprava; modernizace |
| 20 | Hydraulické vyregulování otopné soustavy | Oprava |
| 21 | Zkvalitnění ústřední regulace otopné soustavy | Oprava; modernizace |
| 22 | Instalace ventilů na otopná tělesa a vytvoření podmínek pro instalace termostatických hlavic (podmínkou je hydraulické vyregulování otopné soustavy) | Oprava |
| 23 | Modernizace otopné soustavy včetně využití obnovitelných zdrojů energie spojená s výměnou rozvodů a případně otopných těles | Oprava; modernizace |
| 24 | Měření spotřeby tepla na vytápění, spotřeby TUV, spotřeby studené vody | Oprava; modernizace |
| 25 | Oprava (výměna) rozvodů zdravotních instalací a plynu | Oprava |
| 26 | Náhrada rozvodů plynu pro vaření za rozvod elektřiny | Modernizace |
| 27 | Modernizace rozvodu TUV (zejména pákové baterie, izolace stoupacího potrubí, bytový vodoměr TUV) | Oprava |
| 28 | Oprava nebo modernizace bytového jádra (včetně rozvodů elektřiny, zdravotních instalací a plynu) | Oprava; rekonstrukce; modernizace |
| 29 | Oprava nebo modernizace vzduchotechniky | Oprava; modernizace |
| 30 | Oprava nebo výměna elektrických zařízení a rozvodů; silnoproud, slaboproud | Oprava; modernizace |
| 31 | Oprava (výměna) výtahu (včetně nutných zásahů do konstrukce výtahové šachty) | Oprava; modernizace |
| 32 | Zřízení nového výtahu | Modernizace |
| 33 | Změny dispozičního řešení bytu | Rekonstrukce; modernizace |
| 34 | Bytové nástavby (mezonetové nástavby při sloučení bytu v nejvyšším podlaží) | Modernizace |
Příloha č. 3
Annex 3 to Government Decree No 384 / 2000 Coll.
List of counties in which aid is granted corresponding to a reduction of interest on credit by 4 percentage points or 5 percentage points
1. List of counties in which aid is granted corresponding to a 5 percentage point reduction in interest on credit
(a) Structurally affected counties:
Decin, Chomutov, Karviná, Kladno, Most, Ostrava, Přerov, Teplice.
(b) Economic weak districts:
Bruntal, Breclav, Český Krumlov, Jeseník, Klatovy, Louny, Prachatice, Tachov, Třebich, Znojmo.
(2) List of counties in which aid is granted corresponding to a reduction in interest on credit by 4 percentage points
However, the counties defined by the State Employment Plan are not among those affected by structural or economically weak:
Frydec- Place, Karlovy Vary, New Jicin, Opava, Sokolov, Ústí nad Labem.
1) Article 14 of Act No. 530 / 1990 Coll., on Bonds, as amended by Act No. 84 / 1995 Coll.
2) Act No. 96 / 1993 Coll., on Construction Savings and State Support of Construction Savings and on the Addition of the Act of the Czech National Council No. 586 / 1992 Coll., on Income Taxes, as amended by the Act of the Czech National Council No. 35 / 1993 Coll., as amended by Act No. 83 / 1995 Coll.
3) § 2 (h) and § 5 of Act No. 72 / 1994 Coll., which regulates certain joint ownership relations with buildings and certain ownership relations with apartments and non-residential premises and complements certain laws (Law on Housing), as amended by Act No. 103 / 2000 Coll.
4) Section 9 of the Housing Act, as amended by Act No. 103 / 2000 Coll.
5) Article 5 (2) of Act No. 96 / 1993 Coll.
6) Government Decree No. 244 / 1995 Coll., laying down the conditions for State financial support for mortgage lending for residential construction, as amended by Government Decree No. 276 / 1996 Coll., Government Decree No. 70 / 1998 Coll. and Government Decree No. 226 / 1999 Coll.
7) EN ISO 9001 or 9002.
8) § 46a of Act No. 50 / 1976 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended by Act No. 262 / 1992 Coll. and Act No. 83 / 1998 Coll.
9) 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 by Act No. 164 / 1993 Coll. and Act No. 275 / 1994 Coll.
10) § 2 (i) of Act No. 72 / 1994 Coll., as amended by Act No. 103 / 2000 Coll.
11) § 30 of Act No. 576 / 1990 Coll., on Rules of Management of Budget Funds of the Czech Republic and Municipality of the Czech Republic (Budget Rules of the Republic). § 1 of Act No. 337 / 1992 Coll., on the Administration of Taxes and Fees, as amended by Act No. 35 / 1993 Coll., Act No. 157 / 1993 Coll. and Act No. 255 / 1994 Coll.
12) Article 566 et seq. of the Commercial Code.
13) Paragraph 1 (1) (b) of Act No. 531 / 1990 Coll., on Territorial Financial Bodies, as amended by Act No. 325 / 1993 Coll., Act No. 85 / 1994 Coll., Act No. 311 / 1999 Coll., Act No. 132 / 2000 Coll. and Act No. 253 / 2000 Coll.
14) Act No. 59 / 2000 Coll., on Public Aid.
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Regulation Information
| Citation | Decree of the Government No. 384 / 2000 Coll., laying down the conditions for State financial support for repairs, modernization or reconstruction of residential houses built by panel technology |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 07.11.2000 |
|---|---|
| Effective from | 07.11.2000 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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