Government Decree No 395 / 2002 Coll.
Government Regulation on the granting of irrefundable financial assistance in the area of housing to natural persons or municipalities affected by floods to cover the costs of dismantling the building for housing
Valid
Regulation
Effective from 28.08.2002
Text versions:
31.05.2006
28.08.2002
395
GOVERNMENT REGULATION
of 21 August 2002
on the granting of non-refundable financial assistance in the area of housing to natural persons or municipalities affected by floods to cover the costs of dismantling the building for housing
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
(1) This Regulation provides for the provision of financial assistance from the State budget to cover the costs of the removal of building for housing (hereinafter referred to as "building '), its parts, residues of construction or construction rubble (hereinafter referred to as" construction removal') as a result of floods or landslides due to excessive rainfall (hereinafter referred to as "flood ').
(2) State aid in the form of a contribution may be granted to cover the costs of the removal of the building as a result of the flood.
(3) Financial assistance in the form of a grant may be granted to the municipality in order to cover the costs associated with the removal of the building as a result of the flood, if the municipality is owned by the municipality or if, in the event of the owner's inactivity, the municipality removes the construction of another owner and the other conditions laid down in this Regulation are met.
(4) The construction is meant for the purposes of this Regulation as a housing house, (1) a family house) or an apartment owned under a special legislation. (3)
Contribution to natural persons
(1) A natural person (hereinafter referred to as "person") who, at the date of the declaration of danger or emergency status (4), was in the territory concerned as a result of a flood (hereinafter referred to as "the applicable date") by the owner of the building for which a final decision on the removal of the building (5) or part of it was issued or destroyed in connection with the flood or in the context of rescue work (6) and was certified by the confirmation of the construction office (hereinafter referred to as "the removed object"), shall provide the Regional Office responsible for the removal site (hereinafter referred to as "the Regional Office").
(2) The contribution will be granted at the cost of the construction removal. The amount of the costs must correspond to the price at the usual place and must be supported accordingly.
(3) The regional authority, which was the co-owner of the object removed on the relevant day, will grant a contribution equivalent to its co-ownership interest. If the object removed was in the joint estate of the spouses, it shall be treated mutatis mutandis.
(4) A contribution under this Regulation shall also be granted upon written request to a person who, within a period of 1 year from the relevant date, has transferred or transferred ownership to the object removed after the termination of the marriage or inheritance, where the contribution has not been granted to the previous owner.
(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 removed in such an object;
(b) by a final decision to remove a building or part thereof with confirmation of the construction office that the decision was given as a result of damage to the building by flooding or, where appropriate, by confirmation of the construction office, that the construction was destroyed in connection with the flood or in the context of rescue work;
(c) proof of the amount of costs incurred by the owner to remove the construction.
(2) The application may be lodged after the expiry of the period laid down in paragraph 1, provided that the decision referred to in paragraph 1 (b) has acquired legal power after the expiry of that period and no later than 3 years after the date of the decision.
Subsidy to municipalities
(1) The municipality which was the owner of the object removed on the relevant date or the municipality which, as a result of the failure of the owner of the building, had removed the construction or part of the building at its own expense, will grant a subsidy to the county authority.
(2) The subsidy will be granted at the level of the removal costs. The amount of the costs must correspond to the price at the usual place and must be supported accordingly.
(3) The municipality may apply for reimbursement of costs in aggregate for several objects removed.
(4) The written request must be made within 2 years of the applicable date and must be supported by:
(a) an extract from the property register confirming the ownership or co-ownership of the object or apartment removed in such an object;
(b) by a final decision to remove the construction or part of it with the confirmation of the construction office that the decision was made as a result of damage to the construction of the flood or, where appropriate, by the confirmation of the construction office that the construction was destroyed in connection with the flood or in the context of rescue work; this fact must be verified by the Regional Authority,
(c) proof of the amount of costs incurred by the municipalities to remove the construction.
Control of compliance with the terms of the contribution or subsidy
Specific legislation shall apply in order to check compliance with the conditions for drawing a contribution or subsidy granted under this Regulation and the application of penalties for the unauthorised use of the contribution or subsidy. 7)
When providing financial assistance for residential construction under specific legislation8), the contribution or subsidy 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) § 3 (b) of Decree No. 137 / 1998 Coll., on general technical requirements for construction.
2) § 3 (c) of Decree No. 137 / 1998 Coll.
3) 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 (the Housing Act), as amended.
4) Act No. 240 / 2000 Coll., on Crisis Management and on the amendment of certain laws (Crisis Act).
5) Sections 88 and 91 of Act No. 50 / 1976 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended.
6) Article 19 of Act No. 239 / 2000 Coll., on the 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 | Decree of the Government No. 395 / 2002 Coll., on the granting of irreversible financial assistance in the area of housing to natural persons or municipalities affected by floods to cover the costs associated with the removal of the building for housing |
|---|---|
| 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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