Government Decree No 396 / 2001 Coll.

Government Regulation on the use of State Housing Development Funds for the repair and modernisation of flats

Valid Regulation Effective from 09.11.2001
396
GOVERNMENT REGULATION
of 15 October 2001
on the use of State Housing Development Fund funds for the repair and modernisation of flats
The Government orders pursuant to § 9 of Act No. 211 / 2000 Coll., on the State Housing Development Fund and amending 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, to implement § 3 (1) (a) of this Act:
§ 1
Subject matter
This Regulation regulates the conditions for granting loans to municipalities from the State Housing Development Fund ("the Fund ') to cover part of the costs associated with the repair and modernisation of housing.
§ 2
Conditions for granting credit
(1) A loan from the Fund may be granted to the municipality if the municipality:
(a) has a money fund, (1) the funds of which are held in a separate account in a bank and are intended for the repair or modernisation of apartments, hereinafter referred to as the "credit fund,"
(b) transfer funds from a loan granted by the Fund to the credit fund and own funds intended for the repair or modernisation of apartments;
(c) issue rules for the use of the funds of the credit fund containing at least the facts referred to in Article 3;
d) has no payable liabilities in relation to the state budget, state funds, health insurance company or the Czech Social Security Administration.
(2) The loan may be granted to the municipality following a written request from the Fund. The application is accompanied by:
(a) rules containing the terms and conditions for the use of the funds referred to in paragraph 1 (c);
(b) the name of the account with the bank on which the funds of the credit fund will be concentrated;
(c) a declaration by the municipality that it has no obligations under paragraph 1 (d) at the date of the application for credit.
§ 3
Rules on the use of credit fund funds
(1) Credit Fund funds may be used
(a) to cover the costs of repairing or modernising apartments, including the costs of managing the money account with the bank;
(b) to repay the loan pursuant to Article 4.
(2) For the purposes referred to in paragraph 1 (a), the municipality may use the funds of the credit fund only if:
(a) use at least 50% of funds from sources other than the loan granted by the Fund for the repair or modernisation of apartments;
(b) it shall regularly, at least at annual intervals, transfer funds at least equal to the amount corresponding to the share of the spent funds in that year to the number of years remaining to maturity of the loan granted by the Fund plus 3% per year;
(c) at least 20% of the funds of the credit fund shall be used to repair or upgrade the housing of other natural or legal persons; that limit may not be complied with only if other natural or legal persons have been familiar with and have not shown any interest in the possibility of providing funds from the credit fund in a normal manner.
(3) Furthermore, the rules for the use of the funds of the credit fund provide that if the transfer or transfer of ownership of the housing for which the funds from the credit fund have been granted were made to another natural or legal person, the funds shall be left to the new owner of the apartment, in the amount and under the conditions agreed with the original beneficiary of the funds, provided that the new owner takes full responsibility for the repayment of the remaining part of the funds and takes full ownership of the rights and obligations resulting from the contract to provide them.
§ 4
Repayment of municipal credit
(1) The Fund shall lay down the conditions for repayment of the loan in such a way that:
(a) the repayment period for the loan has not exceeded 10 years;
(b) the principal may have been repaid gradually in the agreed instalments or may have been repaid prematurely;
(c) the municipality was obliged to repay the loan without delay if it used the loan funds for a purpose other than that for which it was granted by the Fund.
(2) The interest rate on the loan granted by the Fund is 3% per year.
(3) Interest on the loan shall be paid by the municipality to the Fund account by the end of the calendar quarter.
§ 5
In order to check compliance with the conditions for the use of the Fund's funds under this Regulation and for the application of sanctions, special legislation shall apply. 2)
§ 6
Efficacy
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.
1) Article 5 of Act No. 250 / 2000 Coll., on the budgetary rules of the territorial budgets.
2) Article 44 of Act No. 218 / 2000 Coll., on budgetary rules and amending certain related laws (budgetary rules), as amended by Act No. 187 / 2001 Coll. and Act No. 320 / 2001 Coll.

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Regulation Information

CitationGovernment Regulation No 396 / 2001 Coll., on the use of the resources of the State Housing Development Fund for the repair and modernisation of flats
Regulation TypeRegulation
Author-
CollectionCode of Laws
Date of Promulgation09.11.2001
Effective from09.11.2001
Effective until-
Status Valid
The regulation text is for informational purposes only.
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