Government Decree No. 394 / 2002 Coll.
Government Regulation on the granting of financial assistance for housing to natural persons affected by floods
Valid
Regulation
Effective from 28.08.2002
394
GOVERNMENT REGULATION
of 21 August 2002
on the granting of financial assistance in the field of housing to natural persons affected by floods
The Government orders the implementation of Act No. 218 / 2000 Coll., on Budgetary Rules and on the Amendment of Certain Related Laws (Budget Rules), as amended by Act No. 493 / 2000 Coll., Act No. 141 / 2001 Coll., Act No. 187 / 2001 Coll., Act No. 320 / 2001 Coll., Act No. 450 / 2001 Coll., Act No. 202 / 2002 Coll. and Act No. 320 / 2002 Coll.:
Subject matter
This Regulation provides for the granting of financial assistance from the State budget to natural persons affected by floods and landslides due to excessive rainfall (hereinafter referred to as "flooding ') in the form of a contribution.
(1) A person who, at the date of the declaration of danger or emergency status (1) for the respective territory as a result of a flood (hereinafter referred to as the "applicable date") used bybyby2) on the property or other legal grounds (3) in an object for which a final decision on the removal of the building was issued as a result of the flood (4) or which was destroyed or in the context of rescue work (5) (hereinafter referred to as the "removed object"), will provide a contribution of CZK 150,000.
(2) Persons who have been common tenants of the apartment in the removed building or who have used it together for another legal reason (hereinafter referred to as "common users"), the Regional Office shall allocate the total amount of the contribution of CZK 150 000 equally to those common users who fulfil the conditions for the contribution.
(3) The condition for the grant is that the person was permanently resident on the relevant day of the removal.
(1) The contribution shall be provided by the Regional Office at the written request of the person referred to in Section 2. The application shall be submitted within 2 years of the relevant date and supported by:
(a) an extract from the property register confirming the ownership or co-ownership of the object or apartment being removed in such an object or, where applicable, the content of the burden in kind;
(b) a lease agreement or proof of any other legal reason for the use of an apartment, including whether it is a common user of an apartment;
(c) an affidavit by the person referred to in § 2 that he or she lived permanently in the apartment on the relevant day;
(d) by a final decision to remove the building with the confirmation of the construction office that the decision was given as a result of damage to the building of the flood or, where appropriate, the confirmation of the construction office that the construction was destroyed in connection with the flood or in the context of rescue work.
(2) The facts in the documents referred to in paragraph 1 (d) must be verified by the Regional Office.
(3) An application may be lodged after the expiry of the period laid down in paragraph 1, provided that the decision referred to in paragraph 1 (d) has acquired legal power after the expiry of that period and no later than 3 years after the date in question.
(1) If, for a period of 1 year from the relevant date to the death of a person referred to in paragraphs 1 and 2 of Paragraph 2 who has fulfilled the conditions for granting a contribution under this Regulation, the contribution or part thereof shall be granted to its relatives in a series of direct, siblings or spouses, provided that:
(a) they lived permanently in the flat on the day of the decision;
(b) they lived with the person from the relevant day to their death in the common household;
(c) the contribution under this Regulation has no longer been granted to the person referred to in Article 2 (1) and (2).
(2) Paragraph 2 shall apply mutatis mutandis to the amount of the contribution granted.
Final provisions
(1) A contribution under this Regulation shall, upon written request, also be granted to a person who, within a period of 1 year from the relevant date, has transferred or has transferred ownership to the object removed after the termination of the marriage or inheritance, provided that he was permanently resident on the object removed on the relevant date and that the contribution has not already been granted to the person referred to in Article 2 (1) and (2).
(2) The allowance shall be granted to the person referred to in Article 2 (1) and (2) who has lived in the building of a house or apartment owned by the permit of the construction office for early use, provided that the other conditions laid down in this Regulation are met.
(3) If an apartment has been destroyed by the removal of part of the building under the final decision to remove part of the building (4) issued as a result of a flood, by the destruction of part of the building in connection with the flooding or the removal of part of the building under the rescue work (5) (hereinafter referred to as "the deceased apartment"), a contribution shall be granted to the person referred to in Article 2 (1) and (2) if he was permanently resident in the deceased apartment on the relevant day. Paragraphs 1 and 2 and 3 shall apply mutatis mutandis.
Control of compliance with the terms and conditions of the contribution
Specific legislation shall apply to the monitoring of compliance with the conditions for drawing up the contribution provided for under this Regulation and the application of penalties for unauthorised use of the contribution. 7)
When providing financial assistance for residential construction under specific legislation8), the contribution granted under this Regulation shall not be taken into account.
Efficacy
This Regulation shall enter into force on the day of its publication.
Prime Minister:
PhDr. Špidla v. r.
Minister for Local Development:
Mgr.
1) Act No. 240 / 2000 Coll., on Crisis Management and on the amendment of certain laws (Crisis Act).
2) § 3 (l) of Decree No. 137 / 1998 Coll., on general technical requirements for construction.
3) For example, § 51, 151n, 659 et seq. of the Civil Code.
4) Sections 88 and 91 of Act No. 50 / 1976 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended.
5) Article 19 of Act No. 239 / 2000 Coll., on an integrated rescue system and on the amendment of certain laws. § 49 of Decree No. 132 / 1998 Coll., implementing certain provisions of the Building Act.
7) Sections 39 and 44 of Act No. 218 / 2000 Coll., on budgetary rules and amending certain related laws (budgetary rules), as amended.
8) For example, Government Decree No. 148 / 1997 Coll., on the granting of an interest-free housing loan to citizens, as amended, Government Decree No. 149 / 1997 Coll., laying down the conditions for granting further financial support to mortgage lending to residential housing, Government Decree No. 244 / 1995 Coll., on the granting of financial support to mortgage lending to residential buildings, as amended, Government Decree No. 97 / 2002 Coll., on the use of State Housing Development Fund funds in the form of a loan to cover part of the costs associated with the construction of housing by persons under 36 years of age.
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Regulation Information
| Citation | Government Decree No. 394 / 2002 Coll., on granting financial assistance in the area of housing to individuals affected by floods |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.08.2002 |
|---|---|
| Effective from | 28.08.2002 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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