Decree of the Federal Ministry of Finance, Ministry of Finance of the Czech Republic and Ministry of Finance of the Slovak Republic No. 398 / 1992 Coll.
Decree of the Federal Ministry of Finance, the Ministry of Finance of the Czech Republic and the Ministry of Finance of the Slovak Republic amending and supplementing the Decree of the Federal Ministry of Finance, the Ministry of Finance of the Czech Socialist Republic, the Ministry of Finance of the Slovak Socialist Republic and the President of the State Bank of the Czechoslovak Republic No. 136 / 1985 Coll., on financial, credit and other assistance of cooperative and individual housing construction and modernisation of family houses in private ownership, as amended by Decree No. 74 / 1989 Coll. and Decree No. 73 / 1991 Coll.
Valid
Effective from 01.08.1992
398
DECLARATION
Federal Ministry of Finance, Ministry of Finance of the Czech Republic and Ministry of Finance of the Slovak Republic
of 30 June 1992
amending and supplementing the Decree of the Federal Ministry of Finance, the Ministry of Finance of the Czech Socialist Republic, the Ministry of Finance of the Slovak Socialist Republic and the President of the State Bank of Czechoslovakia No. 136 / 1985 Coll., on financial, credit and other assistance to cooperative and individual housing construction and modernization of private-owned family houses, as amended by Decree No. 74 / 1989 Coll. and Decree No. 73 / 1991 Coll.
The Federal Ministry of Finance pursuant to Article 28 (2) of Act No. 563 / 1990 Coll., on the Federal Budget Rules, § 36 (2) of Act No. 111 / 1990 Coll., on State Enterprise, and § 21 (3) of Act No. 68 / 1989 Coll., on the Organisation of the Czechoslovak State Railways, as amended by Act No. 82 / 1990 Coll., the Ministry of Finance of the Czech Republic pursuant to § 35 (2) (b) of the Czech National Council Act No. 576 / 1990 Coll., on the Management of the Budget Funds of the Czech Republic, as amended by the Act No. 579 / 1991 Coll., and the Ministry of Finance of the Slovak National Council of the Slovak National Council of the Slovak National Council of the Slovak Republic, provides:
The Decree of the Federal Ministry of Finance, the Ministry of Finance of the Czech Socialist Republic, the Ministry of Finance of the Slovak Socialist Republic and the President of the State Bank of Czechoslovak No. 136 / 1985 Coll., on financial, credit and other assistance to cooperative and individual housing construction and modernization of private-owned family houses, as amended by Decree No. 74 / 1989 Coll. and Decree No. 73 / 1991 Coll., is amended as follows:
1. in Article 1 (1), point (c) shall be deleted; the comma at the end of point (b) shall be replaced by a dot;
2. Article 1 (2) reads as follows:
"(2) The decree covers cooperative housing construction initiated according to the registration in the building diary from 1 August 1992 and individual housing construction initiated on the basis of a building permit issued from 1 August 1992. '
3. In Article 2 (1) (b), the words "socialist organisations' are replaced by the words" legal persons'.
4. Article 2 (2) (a) reads as follows:
"(a) the construction of a family house with at least two-thirds of the floor area of all the rooms belonging to the apartments and in which there are no more than five living rooms, not including the kitchen; a larger number of living rooms may be provided if the aggregate of their floor area does not exceed 120 m2; only areas by which the area of the kitchen exceeds 12 m2 (hereinafter referred to as the" family house ") shall be included in this total; '.
5. in Article 2 (2), the following point (b) is inserted after point (a):
"(b) construction of a residential house with apartments owned; 5) '.
Points (b), (c) and (d) shall be renumbered (c), (d) and (e).
6. Paragraph 2 (3) is deleted.
7. In the second sentence of Paragraph 3 (1), the words "after agreement with the Ministry of Finance of the Czech Republic or the Ministry of Finance of the Slovak Republic" are replaced by the words "after the prior approval of the Ministry of Finance of the Czech Republic or the Ministry of Finance of the Slovak Republic."
8. in Article 5, paragraphs 2, 5, 8 and 9 shall be deleted, paragraphs 3, 4, 6 and 7 shall be renumbered paragraphs 2, 3, 4 and 5.
9. in Article 5, new paragraph 2, the words "paragraphs 1 and 2 'are replaced by the words" paragraph 1';
10. in Paragraph 5, the new paragraph 4 reads:
"(4) In addition, a special contribution shall be granted to cover the increased costs of the construction of cooperative flats resulting from the special treatment of the flat for disabled persons or other equipment caused by the general need, provided that the construction of such equipment has been imposed on the cooperative on the basis of specific legislation. 7a) '.
11. in Article 6 (1), "special-purpose State subsidy" is replaced by "from the State budget of the Republic concerned."
12. in Article 6 (5), "§ 5 (6), (7) and (8)" shall be replaced by "§ 5 (4) and (5)";
13.
Assistance to local authorities
The costs of building the buildings of the basic technical equipments of residential construction, 12) including the connection of the cooperative's housing house to the public network of such facilities, may be paid by the municipality on its revenue and, where appropriate, from the resources provided by the state budget of the relevant Republic. '
14. § 11, 12 and 13 shall be deleted.
15. in Article 16, in the introductory part of the sentence and in point (d), the words "State or, where applicable, stabilisation allowance" shall be replaced by "State contribution."
16. in Article 16 (e), the dot at the end of the sentence is replaced by a semicolon and the words "the consent of the cooperative to the establishment of a lien under Article 17 (6) (a) is added."
17.
"(a) when concluding a State grant contract (Paragraph 18), it shall conclude with the competent authority a lien agreement, 32f) which, in the event of the occurrence of an obligation to repay the State contribution, provides for the repayment of the contribution; the lien is subject to at least the property to which the State contribution is granted; where the State contribution referred to in paragraph 1 or, where appropriate, the increase in the State contribution referred to in paragraph 2 is granted for the duration of the marriage to construction workers - spouses, the condition that the State contribution is granted is that the contract establishing the lien is concluded by both spouses; ';
18. in Article 17 (4) (b), the words "restrictions on the transfer of real estate" shall be replaced by "the establishment of a lien."
19.
"(a) when concluding a State grant contract (Paragraph 18), it shall conclude with the competent authority a lien agreement, 32f) which, in the event of the occurrence of an obligation to repay the State contribution, provides for the repayment of the contribution; the subject of a lien is at least a family house whose construction is ensured by the cooperative for the member; where the State contribution referred to in paragraph 1 or, where appropriate, the increase in the State contribution referred to in paragraph 2 is granted for the duration of the marriage to members of the cooperative - spouses, the condition that the State contribution is granted is that the contract establishing the lien is concluded by the two spouses, ';
20. In Paragraph 18 (3), the second sentence is deleted.
21. In Paragraph 18 (4), the words "the construction is already subject to approval" are deleted at the end of the sentence.
22. Paragraph 18 (5) reads as follows:
"(5) If, after the termination of the marriage or agreement of the spouses, 32g) becomes the owner of the family home or apartment in possession, the spouse of the contractor with whom a State grant agreement has been concluded shall not be required to repay the State grant if the owner of the family home or apartment owned by a written contract undertakes to comply with the conditions set out in Article 17 (3) by the end of the original period laid down in the contract of grant, and if, by analogy with the competent authority, he enters into a lien-lien agreement pursuant to Article 17 (4). The request for repayment of the State contribution granted to the cooperative member shall be treated mutatis mutandis. ';
23. § 19 and 20 are released.
24. In Section 21, the words "and stabilising 'are deleted.
25. in Article 21 (1), the words "restrictions on the transfer of real estate" shall be replaced by "the establishment of a lien."
26. In Paragraph 21, paragraphs 3 and 4 are deleted, paragraphs 5 and 6 are renumbered paragraphs 3 and 4.
27. In the third sentence of Paragraph 21 of the new paragraph 3, the words "or stabilising 'shall be deleted and the words" from cooperative ownership' shall be replaced by the words "from ownership of the cooperative to ownership of the citizen '.
28. In Paragraph 21 of the new paragraph 4 in the first sentence, the figure "5 'is replaced by the figure" 3'; after the words "State contribution 'are deleted the comma and the words" stabilisation contribution, where appropriate'; In the second sentence, the comma after the words "State contribution 'is replaced by a dot and the remainder of the sentence is deleted. In the last sentence, the words" and stabilization "are released.
29. in Paragraph 22 (2), the third to fifth sentences are deleted.
30. in Article 22 (3) and (6), the words "from cooperative to personal ownership" shall be replaced by the words "from ownership of the cooperative to the ownership of the citizen."
31. in Paragraph 22 (5), the first and second sentences shall be deleted. In the third sentence, the word "exceptional 'and" not meeting the stated technical requirements' shall be deleted.
32. In Paragraph 23, paragraphs 1 to 3 are deleted; at the same time, the numbering of paragraphs is deleted. The words "special-purpose subsidy 'shall be replaced by the words" from the national budget of the Republic concerned'.
33. In the second sentence of Section 24, the words "and Section 19 'are deleted; in the last sentence," 5 and 6' is replaced by "3 and 4 ';
34. Part Four is deleted, including the title (Sections 26 to 29).
35. in the first sentence of Paragraph 32, the words "under § 12 (8), § 18 (1), § 20 (1) and § 27 (1)" shall be replaced by the words "under § 18 (1)."
Paragraph 36 (33) (1) reads as follows:
"(1) In justified cases, derogations from the provisions of Paragraph 17 (1) may be provided for on a proposal from the competent authority, 32ea) in the City of Prague. On a proposal from the competent authority in the City of Prague, a derogation from the provisions of § 18 (3) may be granted, if not for the cases referred to in § 18 (4) and (5). Derogations from § 17 (1) and from § 17 (1) and Article 18 (3) may be permitted by the competent Ministry of Finance. In the event that the condition referred to in Section 16 (a) has not been met as a result of maladministration on the part of the construction office and the construction has been subsequently authorised, 34b) the competent Ministry of Finance may, on a proposal from the competent authority, authorise an exemption from Section 16 (a). '
37. § 33a is released.
Paragraph 34 (1) reads as follows:
"(1) For cooperative housing construction started before 1 August 1992 and for individual housing construction authorised before 1 August 1992, the existing rules shall apply; for cooperative housing, taking into account the special arrangements referred to in paragraphs 2, 3, 4, 6, 10, 11 and § 34a and for individual housing, taking into account the special arrangements referred to in paragraphs 5, 7, 8, 9, 10, 11 and § 34a. The provisions in force at the time of issue of the building permit shall apply to the modernisation of the family houses authorised before 1 August 1992, taking into account the special arrangements referred to in paragraphs 10, 11 and 34a. ';
Paragraph 34 (10) reads as follows:
"(10) Legal persons who have concluded contracts with their staff
(a) the stabilisation allowance or the stabilising loans and, where appropriate, the interest-free loans for the composition of the member's share of the cooperative's flat;
(b) the stabilisation allowance or, where appropriate, interest-free loans for individual housing construction; or
(c) the allowance for modernisation in accordance with the previously applicable rules, 39) do not require the return of the stabilising allowance in the event that a worker becomes permanently unfit for work as a result of an accident at work for which a legal person is responsible, or dies or becomes disabled as a result of an occupational disease, or of an occupational accident for which a legal person is responsible, or of any other illness arising or significantly deteriorating from the effects of the working environment. If a failure to comply with the stabilisation obligation has resulted from organisational changes, legal entities may proceed mutatis mutandis. In other cases of non-compliance with the stabilising obligation, a stabilising allowance or a stabilising loan or, where appropriate, an interest-free loan for the composition of a member's interest in a cooperative flat, or a stabilising allowance or an interest-free loan for individual housing construction or a modernisation allowance may be waived after consultation with the relevant trade union authority. However, the condition that a citizen of a family house (the residential part of the agricultural estate, the owner's apartment) does not transfer to another and will use it for permanent housing must be fulfilled and its performance monitored until the end of the originally contracted period of the stabilization commitment, except in cases of death of the builder. In the case of contracts for the provision of a stabilisation allowance or a stabilising loan or, where appropriate, an interest-free loan for the composition of a member's share of the cooperative's flat, compliance with the conditions of membership of the cooperative and use of the cooperative's flat shall apply mutatis mutandis. ';
40. In Paragraph 34 (11), comma after number 10 and the words "Sections 12 and 13 'are deleted; the word" covered' is replaced by "covered ';
41. the following Article 34a is inserted after Article 34:
(1) A family house for which financial, credit and other assistance may be granted for individual housing construction, modernisation or, where appropriate, more expensive repairs and modifications, in accordance with existing regulations, including savings bank loans, 41) acquired by building into the ownership of citizens or, where appropriate, by building owned by citizens, corresponding to the definition referred to in § 2 (2) (a).
(2) If, before 1 August 1992, no financial, credit and other assistance has been granted under the existing rules for individual housing construction, this aid shall be granted under the existing rules, provided that the condition for granting the State contribution is that instead of the conclusion of a contract to limit the transfer of real estate pursuant to Act No. 40 / 1964 Coll., Civil Code, as amended by Act No. 131 / 1982 Coll., the conclusion of a contract establishing a lien within the meaning of § 17 (4) (a) of this Decree. The members of cooperatives shall be treated mutatis mutandis in accordance with Article 17 (6) (a). Paragraph 21 (1) shall apply mutatis mutandis.
(3) If, according to the existing rules, contracts for the provision of state contributions and contracts for the limitation of the transfer of real estate pursuant to Act No. 40 / 1964 Coll., the Civil Code, as amended by Act No. 131 / 1982 Coll., which have not been registered, are made subject to the granting of a State contribution under the concluded contract to grant a State contribution, the conclusion of a lien agreement within the meaning of § 17 (4) (a) or, as the case may be, § 17 (6) (a) of this Decree. Paragraph 21 (1) shall apply mutatis mutandis.
(4) Individual housing construction started on the basis of a building permit issued until 31 July 1992, for which a housekeeping decision has not yet been issued, cannot be granted a stabilisation allowance under the existing regulations to a citizen who has become a builder since 1 August 1992. The provisions of the preceding sentence shall apply mutatis mutandis to members of cooperatives.
(5) In the event of a breach of the State grant contract and, where applicable, interest-free loans for individual housing construction, concluded under the existing and, where applicable, previously applicable regulation, 42)
(a) as a result of the death of a construction worker - a spouse with whom a State contribution contract has been concluded, the recovery of the State contribution may be treated mutatis mutandis in accordance with Article 18 (4) and (5),
(b) for other reasons, after repayment of the amount of the State contribution corresponding to the difference between the amount of the originally granted contribution and the amount of the contribution that could be granted to the individual builder, the recovery of the State contribution may be treated mutatis mutandis in accordance with Paragraph 18 (4) and (5), if the original obligations are fulfilled by the contractor's husband.
(6) The members of cooperatives to which a State contribution to individual housing construction has been granted shall be treated mutatis mutandis in accordance with paragraph 5.
(7) Where the conditions for the grant of a family house modernisation allowance are met, as laid down in the rules in force at the time of the issue of the building permit and the conditions laid down in Article 2 (2) (a), that allowance may be granted only if the contract for the grant of the family house modernisation allowance is concluded by 31 December 1992 at the latest.
(8) Paragraph 6 (6) of this Decree on the obligation of the cooperative to repay the State contribution in the event of a change in ownership of the object shall not apply where the cooperative transfers the apartment under the special rule 43) into the ownership of the natural person - the member of the cooperative who is the tenant of the transferred apartment and whose rental relationship to the apartment arose after the payment of the member's share by that member or his legal predecessor.
(9) The provisions of the current provisions on the provision of stabilisation contributions to the composition of members' shares in the cooperative's flat shall not apply from 1 August 1992. '
42. In the text of the Decree, the term "personal property 'is replaced by" owner44)' and the term "personal property 'is replaced by the term" property'.
This Decree shall take effect on 1 August 1992.
Minister of Finance of the CSFR:
Doc. Ing. Klaus CSc. v. r.
Minister of Finance of the Czech Republic:
Ing. Spacek v. r.
Minister for Finance SR:
v. Ing. Bosak CSc. v. r.
5) Act No. 52 / 1966 Coll., on Personal Property to Houses, as amended by Act No. 30 / 1978 Coll., Act No. 509 / 1991 Coll. and Legal Measures of the Bureau of the Federal Assembly No. 297 / 1992 Coll.
7a) For example, Act No. 47 / 1956 Coll., on Civil Aviation (Aviation Act), as amended by Act No. 40 / 1964 Coll., Act No. 43 / 1976 Coll., Act No. 90 / 1990 Coll. and Act No. 383 / 1990 Coll.
12) Paragraph 1 (1) (a) of the Decree of the Federal Ministry of Finance, the Ministry of Finance of the Czech Republic and the Ministry of Finance of the Slovak Republic of 27 December 1991 No 577 / 1991 Coll., published in the Financial Rapporteur No 1 / 1992, No. 1.
32f) § 151a et seq. of the Civil Code.
32g) § 143a of the Civil Code.
34b) § 88 (1) (a) of Act No. 50 / 1976 Coll.
39) Sections 12, 14 and 15 of the Decree of the State Planning Commission and the Ministry of Finance No. 191 / 1964 Coll., on financial, credit and other assistance to cooperative housing and construction of family houses. Regulations of the Ministries of Agriculture and Food and Forestry and Water Management, issued on the basis of Sections 18 and 19 of Decree No. 191 / 1964 Coll. § 11 of Decree No. 137 / 1968 Coll., on Financial, Credit and Other Assistance to Cooperative and Individual Housing Construction, as amended by Decree No. 14 / 1969 Coll. and Decree No. 26 / 1969 Coll. Regulations of the Ministries of Agriculture and Food and Forestry and Water Management, issued on the basis of § 17 of Decree No. 137 / 1968 Coll. § 12, 17 and 18 of the Order of the Federal Ministry of Finance, the Ministry of Finance of the Czech Socialist Republic, the Ministry of Finance of the Slovak Socialist Republic and the Ministry of Finance of the Czech Socialist Republic and the Ministry of Finance of the Slovak Socialist Republic, as amended by Decree No. 172 / 1980 of the Ministry of Finance of the Slovak Socialist Republic, Section 12, 17, 18 and 24 of the Decree of the Federal Ministry of Finance of the Czech Socialist Republic, and the Ministry of Finance of the Slovak Social and Other Assistance of the Ministry of the Czech Socialist Republic, as amended by Decree No. 159 / 1983 Coll.
40) Paragraph 4 (1) of Act No. 98 / 1987 Coll., on a special contribution to miners, as amended by Act No. 160 / 1989 Coll.
41) § 119 (2) of the Civil Code.
42) § 12 of Decree No. 137 / 1968 Coll., as amended by Decree No. 14 / 1969 Coll. and Decree No. 26 / 1969 Coll. § 19 of Decree No. 160 / 1976 Coll., as amended by Decree No. 172 / 1980 Coll. § 19 of Decree No. 1 / 1982 Coll., as amended by Decree No. 159 / 1983 Coll. § 18 of Decree No. 136 / 1985 Coll., as amended by Decree No. 74 / 1989 Coll. and Decree No. 73 / 1991 Coll.
43) Act No. 42 / 1992 Coll., on the treatment of property relations and the settlement of property rights in cooperatives, as amended by the legal measure of the Bureau of the Federal Assembly No. 297 / 1992 Coll.
44) Paragraph 872 (7) of the Civil Code.
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Regulation Information
| Citation | Decree of the Federal Ministry of Finance, the Ministry of Finance of the Czech Republic and the Ministry of Finance of the Slovak Republic No. 398 / 1992 Coll., amending and supplementing the Order of the Federal Ministry of Finance, the Ministry of Finance of the Czech Socialist Republic, the Ministry of Finance of the Slovak Socialist Republic and the President of the State Bank of the Czechoslovak Republic No. 136 / 1985 Coll., on the financial, credit and other assistance of cooperative and individual housing construction and modernisation of family houses in personal ownership, as amended by Decree No. 74 / 1989 Coll. |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 24.07.1992 |
|---|---|
| Effective from | 01.08.1992 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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