Decree No. 390 / 2017 Coll.
Government regulation on the use of funds by the State Housing Development Fund on the regeneration of public areas in housing sites
Valid
Regulation
Effective from 01.01.2018
390
GOVERNMENT REGULATION
of 6 November 2017
on the use of funds by the State Housing Development Fund for the regeneration of public areas in the settlements
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 of funds from the State Housing Development Fund (hereinafter referred to as "the Fund ') in the form of a grant or loan for the regeneration of public areas in the housing sector.
Definition of terms
For the purposes of this Regulation:
(a) an integrated part of the territory of the municipality built by residential houses as housing buildings in which more than half of the floor area complies with the requirements for permanent housing and is intended for this purpose, built by non-panel technologies between 1945 and 1990 or built by panel technologies until 2000, with a total number of at least 100 flats;
b) Regeneration of public areas on the estate
1. construction or reconstruction of transport infrastructure, in particular repair or construction of local roads, pavements and cycling paths, construction of noise-proof walls, construction of parking spaces and parking spaces;
2. the construction or reconstruction of technical infrastructure, in particular measures to maintain or increase the overall proportion of unpaved areas due to the protection of the microclimate and to slow down the outflow of rainwater;
3. the removal of high voltage overhead lines and its replacement by underground lines;
4. repair or addition of public lighting;
5. implementation of local flood prevention measures;
6. implementation of measures to improve the security of the site;
7. the adaptation of public spaces, in particular the repair of existing and the establishment of new children's playgrounds or resting areas;
8. construction of public sports and recreation areas with the relevant urban mobility and subsequent accompanying adaptations of areas of public green associated with planting of trees and grubbing-up;
(c) a project for the regeneration of public areas on the site (hereinafter referred to as the "project"), a project developed in accordance with the principles set out in the Annex to this Regulation;
(d) the territorial, financial and time-differentiated part of the project.
Conditions for granting the subsidy
(1) The Fund may grant the subsidy to the municipality in whose territory the estate is situated, provided that:
(a) the land on which regeneration is to be carried out is owned by the municipality;
(b) the municipality has a valid zoning plan and permit for the construction for which the municipality applies for the subsidy, under the construction law, if required;
(c) the municipality has a project which complies with the planning documentation in force and has been approved by the municipality's representative, including any amendment thereto; and
(d) the municipality does not have debt on the date on which the application for a subsidy was submitted after maturity in relation to the State budget or State funds.
(2) The Fund may grant a grant for a project or its stage or stages as defined in the subsidy application. Where an application for a subsidy is submitted at a stage or stage, the project referred to in paragraphs 3, 4 (3) (f) and (h), 4 (8) (b), 5 (1) and (2), 6 (1), 2, 4 and 6), 7, 8 (1) and 10 (2) shall be considered as a project.
(3) Support from the European Structural and Investment Funds or support from the State budget or the State Funds budget, with the exception of the Fund, may not be used for a project financed under this Regulation.
(4) The Fund may also provide a grant for the regeneration already started if the conditions for granting it are met.
Application for subsidy and application for credit
(1) A written request for subsidy shall be submitted to the Fund following a call published on the Fund's website. The call notice shall be published by the Fund at least 6 months before the call notice date. The request may be made within 2 months of the date of the call.
(2) The municipality may submit a loan application together with the grant application. If the municipality can demonstrate the ability to repay the loan, the Fund shall submit a loan promise to the municipality if it has the means to grant the loan.
(3) The application for a subsidy contains:
(a) the project;
(b) proof of issue or approval of the municipality's territorial plan;
(c) proof of approval of the project by the municipality representative and, in the case of its update, proof of approval of the project update by the municipality representative,
(d) proof of ownership of the parcels concerned;
(e) the documents required for the implementation of regeneration under other legislation1),
(f) proof of own funds intended to finance the implementation of the project or its stage, where appropriate, of the submission of a loan application from the Fund, unless the municipality has sufficient own funds;
(g) a statement by the municipality that, at the date on which the grant application is submitted, it has no debt beyond its maturity in relation to the State budget and the State funds; and
(h) project appropriations.
(4) The loan application contains:
(a) identification of the subsidy application with which it is submitted;
(b) the amount and maturity of the credit required; and
(c) the financial statements necessary to assess the municipality's ability to repay the loan.
(5) The Fund may invite the municipality within 30 days of the date of receipt of the loan application to complete the additional supporting documents needed to assess the purpose of the loan and the municipality's ability to repay the loan. If the municipality does not complete the supporting documents within the prescribed time limit but at least 30 days, the Fund shall not conclude the contract.
(6) If the request contains defects, the Fund shall, within 30 days of the date of receipt of the request for subsidy, invite the municipality to remove the defects within the time limit set in the invitation, but not less than 30 days. If the municipality has not remedied the defects within the prescribed time limit, the Fund shall not conclude the contract.
(7) Applications with the formalities provided for in this Regulation shall be evaluated by the Fund in accordance with the evaluation criteria set out in the call and shall establish the order of the applications evaluated and published on the Fund's website no later than 14 days after the date of evaluation of all applications.
(8) If the Fund has the means to grant the subsidy, it will send the municipality an application to conclude a grant contract and a request to substantiate
(a) works contracts with the contractor; and
(b) updated project data, if any.
(9) If the municipality fails to provide the supporting documents referred to in paragraph 8 within the time limit set by the Fund, the application for conclusion of the contract shall cease. The Fund shall communicate this in writing to the municipality without undue delay.
Amount of subsidy
(1) The subsidy can be granted up to 50% of the eligible costs, but not more than CZK 6 million per project.
(2) The eligible costs must be directly linked to the implementation of the project in the scope of the work referred to in Article 2 (b).
(3) The eligible costs are not, in particular, the costs of drawing up the project, the project documentation of the construction, the construction supervision, the operational and general costs of the municipality, the costs of surveys, evaluations and analyses, the costs of concluding the purchase contract or, where applicable, the contract for the future purchase of the real estate, the costs of drawing up the expert's report, the costs incurred in excess of the approved budget or the costs of subsequent public green care. Furthermore, the eligible costs are not taxes, charges and other similar cash transactions paid by the municipality to their trustees, with the exception of value added tax; This exemption does not apply to the part of the value added tax for which the municipality as a payer is entitled to deduct under the Value Added Tax Act.
Drawing conditions and use of the subsidy
(1) The use of the subsidy is only linked to the financing of the project to which it was granted.
(2) The sustainability of the project must be 5 years after the completion of the project.
(3) On regenerated areas, economic activity must not be carried out in accordance with the conditions for granting public aid.
(4) The municipality is obliged to implement the project in accordance with the documents submitted in the grant application, the grant contract, or amendments approved by the Fund, as appropriate.
(5) Construction work must start no later than 6 months after the date of conclusion of the grant contract.
(6) If the municipality finds that it is unable to implement the project in accordance with the terms of the grant contract, it shall immediately inform the Fund thereof and submit a proposal to modify the contract. The Fund shall adopt a proposal from the municipality in cases of special consideration.
(1) The implementation of the project for which the subsidy was granted must be completed no later than 2 years after the conclusion of the grant contract.
(2) The completion of the project is the handover of the work, which the municipality will demonstrate to the Fund by means of a transfer protocol proving the delivery of the work without defects which prevents the use of the work.
(3) If, for reasons of particular concern, the completion date of the project cannot be met, the municipality shall notify the Fund without delay. The Fund shall assess the reasons for the delay and, where appropriate, extend the deadline for an necessarily long period.
(4) No later than the deadline laid down in the grant contract, the municipality of the Fund shall deliver the documentation of the final evaluation of the project containing:
(a) an overview of the use of funding for the project;
(b) a report on the achievement of the objectives set out in the project documentation;
(c) the value actually achieved of the binding parameters; and
(d) proof of the effectiveness of the funds spent.
Conditions for granting credit
(1) In the event that the municipality has concluded a grant agreement with the Fund and has a commitment from the Fund to grant a loan, the Fund shall invite the municipality to conclude a loan agreement to finance the project.
(2) The loan can only be granted with the subsidy granted and can only be granted once.
(3) The loan may also be granted for the regeneration already started if the conditions for granting it are met.
(4) The loan can only be granted if the municipality demonstrates its ability to repay the loan and the loan is adequately secured up to at least the amount of the outstanding principal of the loan.
(5) If the Fund does not grant a loan, it will notify the municipality in writing without undue delay.
(6) If, for reasons relating to the municipality, a credit agreement is not concluded no later than 2 months after receipt of the call for the Fund to conclude a credit agreement, the application for conclusion of the contract shall cease.
Interest rate and loan amount
(1) The interest rate is fixed at the level of the basic reference rate of the European Union plus 0,30% per year.
(2) The remuneration of the spent part of the loan begins on the date on which the loan is drawn up.
(3) The sum of the amount of the loan and the subsidy granted under this Regulation may not exceed 90% of the eligible costs under Article 5.
Conditions for drawing on and using credit
(1) The use of the credit must start no later than 6 months after the conclusion of the credit agreement.
(2) The use of the loan must be completed no later than 3 months after the completion of the project.
(3) The conditions set out in Sections 6 and 7 shall apply mutatis mutandis to the terms of the borrowing.
(4) The borrowing takes place in the form of reimbursement of eligible costs on the basis of the invoices submitted.
Payment of credit
(1) The loan is repaid monthly by repayment of principal and interest and can be repaid early at any time.
(2) The maturity of the loan must be agreed in such a way that the repayment period does not exceed 15 years from the conclusion of the contract.
(3) The Fund may require the immediate repayment of the loan and not pay the outstanding part of the loan,
(a) if it finds that the municipality has supplied incorrect, incomplete or misleading information on the basis of which the credit agreement was concluded; or
(b) if the municipality is late paying at least 3 monthly instalments of the loan at the agreed amount and does not pay the amounts due within a maximum of 30 days of receipt of the letter of invitation to the Fund.
Efficacy
(1) This Regulation shall enter into force on 1 January 2018.
(2) This Regulation shall expire on 31 December 2023.
Prime Minister:
Sobotka v. r.
Minister for Local Development:
Ing. Šlechtová v. r.
Annex to Government Regulation No 390 / 2017 Coll.
Principles for project processing
A. Preparation, processing and approval of the project
1) Selection of the area suitable for regeneration, clearly spatial and functionally defined by the municipality's current territorial plan.
2) Assessment of the current situation on the basis of the background materials in terms of usable for regeneration. The background materials are:
(a) the planning documentation and the planning documents in force;
(b) original documentation of the settlement, documentation of subsequent changes in the settlement, property identification of the land, buildings and, where appropriate, other supporting documents, in particular studies of the completion of the settlement and modifications, including adjustments ensuring access and use by persons with reduced mobility;
(c) documentation of the completion or construction of the regeneration of certain parts of the estate.
3) Ensuring the participation of the population and persons concerned. In order to ensure participation, at least 2 of the following activities shall be carried out:
(a) the presentation of the project in the public media, in particular in the local press, radio or regional television;
(b) the introduction of the population by public consultation with the intention and consequences of the proposed modifications, including, for example, the issue of preliminary incentive sketches;
(c) a poll between residents of the settlement and adjacent territory and the natural and legal persons concerned.
4) Evaluation of the project's consistency with the municipal development programmes in the area of housing and social policy, in particular in relation to the problems of the settlement.
5) The preparation of the document "Project of the regeneration of public areas on the site," which will include, in addition to the sociological study and urbanist solution, an economic evaluation, including a financing proposal.
6) The project will be processed in accordance with Part B of the Principles. In the case of planned stages, the stages must be consecutive and territorial and time-differentiated.
B. Project content
(1) The analytical part shall include an evaluation of the supporting materials referred to in points (a) to (f) and their addition by own research of the project processor. The background materials for analysis are:
(a) the planning documentation and the planning documents in force;
(b) previously developed projects and strategies;
(c) the results of the survey between residents of the settlement, evaluation of comments and suggestions of citizens arising from the education and familiarity of the population with the intention of:
(d) the development of the population's age and social composition in the settlement,
(e) an assessment of the existing status of the site from the aspects of construction, functionally operational and spatial;
(f) the characteristics of the individual modifications.
2) The design part contains text, drawing and economic part.
Text section contains
(a) the objectives, in order of urgency, to be pursued by the project's objectives;
(b) a proposal for adjustments following the objectives set. The proposal will take into account the conditions for social, cultural and leisure activities; special attention will be paid to the opportunities for leisure for children and youth. In the event that the modifications are planned for each stage, they must be successive and territorial and time-differentiated.
The drawing part contains:
(a) a situation drawing of the area in question, where a regulatory plan is issued in the territory concerned, is sufficient for the main drawing of the regulatory plan;
(b) proposals for individual modifications to be submitted, for example, in the form of motivational sketches, visualization, drawings into current images (photographs);
(c) the designated territory, including the legend, indicating all planned stages.
The economic part contains
(a) a list of proposed modifications;
(b) an estimate of the cost of each adjustment;
(c) the timing and financing of the implementation of the project or its stages;
(d) a proposal on how to finance adjustments, specifying the sources of funding.
C. Project update
1) In the case of applications for individual stages, it is not necessary to submit the project in its entirety for each subsidy application.
2) The municipality updates the relevant sub-parts of the documentation that are being amended and the parts of the project to which the changes relate compared to the project originally submitted. These include, in particular, changes in the economic sector, changes in objectives and proposed modifications and, where appropriate, other proposed changes.
3) The request for the next stage is accompanied by an updated overall drawing, a drawing indicating the modifications made, including photo-documenting, information on the public response to the modifications made and an updated timetable for the planned phases with the proposed modifications.
1) Act No. 183 / 2006 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended.
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Regulation Information
| Citation | Government Regulation No. 390 / 2017 Coll., on the use of the funds of the State Housing Development Fund in the regeneration of public areas in the housing area |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.11.2017 |
|---|---|
| Effective from | 01.01.2018 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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