What is Act No. 41 / 1964 Coll.?

Act No. 41 / 1964 Coll., on Housing Management — Housing Management Act.

When it became Act No. 41 / 1964 Coll. effectiveness?

Act No. 41 / 1964 Coll. became effective 01.04.1964.

Is Act No. 41 / 1964 Coll. still valid?

Yes, Act No. 41 / 1964 Coll. is still valid and effective.

Act No. 41 / 1964 Coll. - Housing Management Act

41

THE LAW

of 26 February 1964

on housing management

The National Assembly of the Czechoslovak Socialist Republic decided on this law:

Basic provisions

§ 1

(1) The care of fair housing management and their efficient use is one of the leading tasks of the national committees. National committees perform this task with a wide participation of workers, create conditions for increasing their initiative and activity in solving the housing problem, and work closely with state authorities and economic and social organisations, in particular the Revolutionary Trade Union Movement.

(2) The apartments with which the national committees manage are mainly intended for lower-income families and more children.

§ 2

(1) The number of flats from state housing for the most important enterprises and establishments or for other purposes shall be determined, if they deem it necessary, by the Regional National Committees, after consultation with the relevant central authorities and the Regional Trade Council, or directly by the Government.

(2) After the comments of the local national committees and the opinion of the district trade union board, the regional national committees determine how many flats from the state housing sector will be used for the accommodation of workers of enterprises and establishments whose operation is conditional on the resettlement of permanent labour into the vicinity of workplaces, as well as for the accommodation of workers of the necessary services in individual municipalities. Other apartments are allocated to other applicants by local national committees.

§ 3

The rights and obligations of users of apartments and of the organisations that manage residential property are governed by the Civil Code.

ČÁST PRVNÍ

Overview of living space

Oddíl 1

Reporting obligation and lists of free flats

§ 4

(1) Local national committees shall keep an overview of the housing space using their assets, in particular civil committees and home committees, and on the basis of reports of homeowners and users.

(2) The owner of the house is obliged to report within 8 days to the local national committee a newly built or established apartment, a vacant apartment, an apartment which is not used or used only occasionally and an apartment whose user died. Within the same time limit, he shall be obliged to report if someone has moved into the apartment without the decision of the local national committee or other authority responsible for allocating the apartment. The owner of the house is also obliged to report to the company's management organisation, military administration or the Ministry of Interior.

(3) The user of an apartment which has two or more apartments or oversized apartments (§ 38) is obliged to report this to the local national committee and if it is a company apartment, military apartment or an apartment of the Ministry of Interior, also the competent organisation, military administration or authority of the Ministry of Interior. If its apartments are located in different municipalities, they will report them to local national committees in these municipalities.

§ 5

(1) Local national committees maintain lists of newly built, established and released flats. These lists are public. They shall indicate in the list each allocation of the apartment, indicating the date and reason for the allocation.

(2) An organisation managing business apartments, military administrations, authorities of the Ministry of the Interior and folk housing cooperatives *) maintains lists of free business apartments, military apartments, apartments of the Ministry of the Interior and flats of folk housing cooperatives. Applicants for such an apartment have the right to consult the list.

Oddíl 2

List of applicants for an apartment

Local lists

§ 6

(1) The local national committee shall keep a local list of applicants for an apartment to which it shall register applicants who do not own an apartment in the municipality or who reside in an apartment which is disabled (§ 64) or unfit (§ 65).

(2) In addition, the local national committee will enter separately on the local list the tenderers who are to vacate their flat on the basis of a decision of the court or national committee.

§ 7

(1) In municipalities with more than 5000 inhabitants or head offices of the District National Committee or designated by the District National Committee, the local national committee shall only enter the local list of tenderers if they are permanently working in that municipality.

(2) Candidates who work permanently in the municipality referred to in paragraph 1 may also be included in the list of candidates by the local national committee in a smaller municipality which is connected to the municipality in which the tenderer works permanently, constitutes a single economic area and is associated with appropriate means of transport.

(3) Candidates who, due to the nature of their work, change their places of work shall be entered in the local list by the local national committee of the municipality of their previous residence or by the local national committee of the municipality in which the establishment (establishment or centre) of which they are workers.

§ 8

List of organisations' staff

Business housing organisations shall keep for each municipality in which they are located lists of tenderers who are employees of the organisation.

§ 9

List of professional soldiers and members of the Ministry of Interior

(1) The military authorities shall keep for each municipality in which there are military apartments, a list of applicants who are professional soldiers or civil servants of military administration and who are serving or who work permanently in that municipality or in another municipality which is connected to it, constitute a single economic area and are associated with public transport.

(2) According to the same principles, the authorities of the Ministry of Interior maintain lists of candidates who are members of the armed corps of the Ministry of Interior.

§ 10

Lists of members of folk housing cooperatives

(1) People's housing cooperatives maintain a list of applicants who are members of the cooperative for each municipality in which they have their apartments.

(2) In municipalities with more than 5000 inhabitants or head offices of the District National Committee or designated by the District National Committee, the folk housing cooperative shall only list the applicants if they are working permanently in the municipality.

Oddíl 3

Local waiting lists

§ 11

(1) The local national committee allocates apartments according to a waiting list that it compiles for six months.

(2) The number of candidates entered on the list shall correspond to the number of flats estimated to be allocated during the relevant half-year. A candidate who has been entered on the waiting list in the last six months but has not been assigned an apartment if the conditions for registration have not changed.

§ 12

(1) The local national committee shall enter on the local list of candidates on the local list who, depending on the urgency of the housing needs and taking into account the importance of their work, are eligible for the assignment of the apartment in the next six months; it shall determine for each tenderer the order in which it is drawn up, as appropriate.

(2) In assessing the urgency of housing needs, the local national committee shall base its principle that housing should be allocated primarily to low-income applicants and more children who do not live or live in an apartment which is disabled or unfit.

(3) The importance of the applicant's work shall be assessed on the basis of the importance of his or her employment and the needs of the national economy, in particular those sectors and establishments whose development and operation are conditional on the resettlement of permanent workers in the vicinity of their workplace.

§ 13

In the half-year on which a waiting list is drawn up, the local national committee shall also assign the apartments to the staff of the necessary services, and shall register them on the local waiting list in such order as to reflect the importance of their work and the urgency of their housing needs.

§ 14

Candidates on the local list who have not been entered on the local list may submit a breakdown against this to the local national committee; It shall be decided within 30 days by the authority of the local national committee which issued the decision to draw up the waiting list. There is no appeal against the decision by the local national committee to determine the ranking of candidates on the list.

§ 15

Organisations, professional soldiers, members of the Ministry of the Interior and members of folk housing cooperatives

(1) Business apartments, military apartments, interior and housing units of folk housing cooperatives are allocated according to a waiting list of the company-management organisation, the military administration, the Ministry of Interior and the People's Housing Co-operative for a short period of time, but not less than 3 months.

(2) An organisation managing business housing, a military authority, an authority of the Ministry of the Interior and a popular housing cooperative shall enter on the list a candidate who, depending on the urgency of the housing needs and taking into account the importance of their work, is considered for the assignment of the apartment in the next period. it shall determine for each tenderer the order in which it is drawn up, as appropriate.

(3) The organisations shall enter the candidate on the list after prior agreement of the race committee of the basic organization of the Revolutionary Trade Union Movement after discussion at the membership meeting of the basic organisation.

(4) Otherwise, the provisions on the entry of candidates on the list of workers of organisations, professional soldiers, members of the armed corps of the Ministry of Interior and members of folk housing cooperatives shall apply mutatis mutandis.

§ 16

(1) Candidates entered on the list of employees of organisations or on the list of members of the folk housing cooperative may only be allocated if the list has been approved by the local national committee.

(2) The local national committee shall decide on the application of the organisation or folk housing cooperative to approve the waiting list within 30 days of the submission of the waiting list. Only an organisation or a folk housing cooperative may appeal against the decision of the local national committee.

(3) The local national committee shall not approve the list of staff of the organisation or members of the folk housing cooperative if it considers that housing should be allocated contrary to this law.

(4) The provisions of the preceding paragraphs shall not apply to flats built in corporate housing from the company's own free funds and other resources which may be used for this purpose under the applicable rules. *)

§ 17

Common provisions on lists and lists

(1) A candidate may only be entered in a single list of tenderers.

(2) Local lists and local waiting lists are published.

(3) An organisation managing business flats, a military authority, an authority of the Ministry of the Interior and a popular housing cooperative must allow each of its applicants to consult the list and waiting list they have compiled.

ČÁST DRUHÁ

Allocation of flats

§ 18

Allocation of apartments by waiting list

The local national committee shall allocate apartments to candidates on the list according to the ranking of the candidates, taking into account the number and size of the rooms in relation to the number of members of the applicant's household and the local circumstances appropriate to the applicant's needs.

Allocation of flats outside the waiting list

§ 19

Candidates who are not listed can be allocated an apartment

(a) if, at the first award of the tenderer,

(aa) for which the organisation in which it operates, in agreement with the race committee of the basic organization of the Revolutionary Trade Union Movement, has made structural adjustments to obtain an apartment from premises serving purposes other than housing or from areas ineligible for housing;

(bb) to whom the local national committee has given its consent to make its own cost of building modifications to obtain an apartment from premises serving purposes other than housing or from areas ineligible for housing;

(b) if it is a person to whom an apartment is to be allocated in the public interest (§ 20);

(c) if the person voluntarily releases his apartment; in this case, however, the apartment may be allocated not more than the same value and equipment but with a smaller aggregate floor area of the accommodation rooms.

§ 20

(1) In view of the state interest, the apartment can be allocated outside the waiting list

(a) representatives and staff of foreign representative offices and persons referred to in Article 75 (b);

(b) members of the Government, members of the presidents of the National Assembly and the Slovak National Council, heads of central bodies and heads of regional national committees, as well as persons of the same functional level;

(c) leading artists who are transferred to smaller industrial municipalities and villages and to whom the competent organisation issues a certificate of artistic qualifications.

(2) The Government may provide for additional cases where an apartment may be allocated in the public interest.

Allocation of surrogates

§ 21

Replacement apartments shall be allocated by the local national committee in whose territory the apartment is to be cleared. Where there is a replacement apartment in another municipality, it shall be allocated by the local national committee in whose territory there is a replacement apartment in agreement with the local national committee in whose territory there is an apartment to be cleaned out.

§ 22

A candidate who is not on the waiting list may be assigned an apartment as a replacement if he is to vacate his apartment on the basis of a decision of the court or national committee or if he has been prepared by a natural disaster.

§ 23

Apartment in family house

(1) National committees help to allow the owner or his married (married) child or his parents to move into a family home where another citizen is using the apartment. To this end, the local national committees shall allocate replacement flats to the users of family houses or ensure that users of such flats are included in cooperative or individual housing. They also support the implementation of housing exchanges between owners of and users of family houses.

(2) The local national committee's allocation right shall exclude the apartment from the family home if the owner declares the home to the local national committee at the same time as the announcement of the vacant apartment or within 8 days after the enforceable decision of the court or national committee to cancel the right to use the apartment, that he will move into the apartment within 15 days, or that he will accommodate his married (married) child within that period, or, first of all, the municipalities referred to in Article 7 (1), his parents.

(3) If the family home is co-owned, the right to move into a vacated apartment in the house or to accommodate his married child or his parents may be used by each of the co-owners according to mutual agreement and if they do not reach it, according to the decision of the court (§ 139 order number).

(4) The allocation right of the local national committee shall not apply to the individual living room (part of the apartment) in the family home, provided that the owner of the family home notifies the local national committee, at the same time as the announcement of a vacant apartment in the house, that the room will be used by himself or a member of his family for its recovery or for the treatment of the garden. This advantage may be claimed by the owner of the family home if he or she or a member of his or her family resides in the municipality referred to in § 7 (1) and goes for a municipality other than that in which the family home is situated. The individual living room in the family home is excluded from the allocation right of the local national committee only if it is so separate from the apartment to be allocated that its use will not disturb the user of the apartment in its usual use, or if it can be modified by the construction office.

(5) If the family home is co-owned, all co-owners may exercise the right to use only one room together.

§ 24

Allocation of business apartments, apartments of the Ministry of Interior and flats in houses of folk housing cooperatives

(1) The local national committee, on a proposal from the organisation managing the business apartments, the authority of the Ministry of Interior or the People's Housing Co., allocates housing, and apartments in the houses of folk housing cooperatives.

(2) The local national committee will assign an apartment if the organisation, authority of the Ministry of the Interior or the People's Housing Cooperative proposes a candidate on the waiting list no later than 30 days after the announcement obligation has been imposed (Section 15).

(3) If the organisation, authority of the Ministry of the Interior or the People's Housing Cooperative of such a candidate does not propose within a specified time limit, the local national committee may assign an apartment to a candidate entered on the local list, in particular an official of the organisation, a member of the armed corps of the Ministry of Interior or a member of a folk housing cooperative.

§ 25

Allocation of flats built in corporate housing from the company's own free funds, service and housing units from the housing construction of single agricultural cooperatives

(1) Apartments built in the company's residential building from the company's own free funds (Section 16 (4)) and apartments are allocated by the organization managing these flats after prior approval of the race committee of the basic organization of the Revolutionary Trade Union Movement after discussion at its membership meeting and after the comments of the local national committee.

(2) The housing units of the single agricultural cooperatives are allocated by the Board of Directors of the single agricultural cooperative after approval by the members' meeting. If the Board of the Single Agricultural Cooperative does not assign an apartment within 6 months of its release, the local national committee may assign it to a candidate registered on the local list.

§ 26

Allocation of military flats

Military apartments shall be allocated by the military authority with the agreement of the local national committee. The local national committee shall not refuse approval if it is assigned to be a candidate on the waiting list of professional soldiers or under the conditions of Sections 19 and 20 (2).

§ 27

Time limit for early allocation of the flat

The local national committee shall be obliged to allocate the apartment with which it is entitled within 15 days.

§ 28

Legal consequences of the allocation

(1) The decision of the local national committee on the assignment of a company apartment, an apartment of the Ministry of the Interior or an apartment of the People's Housing Co., may be appealed by the company-management organisation, the Ministry of the Interior body or the People's Housing cooperative.

(2) The owner of the family home may appeal against the decision of the local national committee on the allocation of the apartment (part of the apartment) in his family home in the cases referred to in § 23. Otherwise, the owner of the house cannot appeal against the decision to allocate the apartment.

(3) The applicant to whom the apartment has been allocated can only appeal against the decision to award the flat if it is for the allocation of the replacement apartment.

(4) The right to conclude an agreement with the organisation, where appropriate, the owner of the house on the surrender and take-over of the apartment shall arise on the date on which the decision of the local national committee or other competent authority on the allocation of the apartment became enforceable, if the apartment is already cleared at that time, or the date of its removal.

(5) If there is an apartment other than a replacement, that right shall not arise if the tenderer to whom the apartment has been allocated notifies the local national committee or other competent authority within 3 days of the receipt of the decision to award the apartment that it does not accept the apartment.

(6) If, within 15 days of the decision of the local national committee or other competent authority on the assignment of the apartment, or 15 days after its removal, the citizen to the apartment does not move to the apartment without serious reasons, or enter into an agreement with the owner of the house, the local national committee or other competent authority may cancel the award decision and assign the apartment to another tenderer.

ČÁST TŘETÍ

Exchanges of flats

§ 29

The users of the apartment can exchange their apartments if it makes more efficient use of the apartment space, especially if it is necessary for reasons of the health of the user of the apartment or its household or for reasons of reducing the distance from the workplace.

§ 30

(1) The replacement of an apartment must be approved by the local national committee. If the apartments to be exchanged are in different municipalities, the local national committees in these municipalities approve the exchange.

(2) If there is an apartment for a company or an apartment for a people's housing cooperative, the local national committee may approve an exchange only if it is agreed with the company's housing organisation or the folk housing cooperative.

(3) The replacement of part of the apartment of the owner of the family house, which has been allocated as a separate housing unit without modifications, may only be approved if the owner of the family house agrees to the replacement.

§ 31

(1) The replacement of a military apartment or an apartment of the Ministry of Interior is approved by the military administration or by the Ministry of Interior.

(2) The replacement of flats built in corporate housing from the company's own free funds (Section 16 (4)), service and housing apartments from the housing construction of single agricultural cooperatives is approved by the organisation managing these flats.

(3) Where only one of the flats referred to in the preceding paragraphs is exchanged, the local national committee shall also approve the exchange.

§ 32

The replacement of company flats, flats built in the company's construction from the company's own free funds (Section 16 (4)) and service apartments is approved by the organisation after prior approval of the basic organization of the Revolutionary Trade Union Movement.

§ 33

The provisions of the Civil Code (§ 155, § 188 (2) and § 189) apply to the creation of the right to use the exchanged apartments, to exercise the right to comply with the agreement on the exchange of apartments and to withdraw from such an agreement.

ČÁST ČTVRTÁ

Landing part of the apartment

§ 34

(1) The user of the apartment may leave part of his apartment to another citizen. Part of an apartment of a company, an apartment built in a company's residential building from the company's own free funds (§ 16 (4)), an apartment of a service, an apartment of the Ministry of the Interior, an apartment of a folk housing cooperative and an apartment built in the housing construction of a single agricultural cooperative, can only leave the user of the apartment to live with the agreement of the organization managing these apartments or the authority of the Ministry of the Interior.

(2) The local national committee should be elected to leave part of the apartment. The local national committee is not required if the user accepts children, grandchildren, parents, siblings, son-in-law or daughter-in-law to his apartment.

§ 35

(1) The local national committee may not refuse to be elected if the worker of an organisation which has been seconded to a foreign service leaves him to use the whole apartment to another worker of the same organisation and if the organisation undertakes to enter it on the list of employees of the organisation after the agreed use.

(2) Nor can the local national committee refuse admission in those cases where the user of an apartment which has negotiated a temporary contract in another municipality leaves the apartment to another citizen during his absence.

§ 36

In order to leave part or all of a military apartment for use by another citizen, a military authority is required.

ČÁST PÁTÁ

Cancellation of the right to use the apartment by the National Committee

§ 37

(1) The local national committee shall decide:

1. on the cancellation of the right to use the apartment

- excessive,

- for reasons of general interest,

- for the benefit of the owner of the family home;

2. on cancellations to use part of the apartment

- for reasons of general interest,

- for the benefit of the user of the apartment;

3. the removal order (part of the apartment) obtained unlawfully.

(2) The Civil Code specifies when the annulment of the right to use an apartment (part of an apartment) is decided by the court (§ 177 (1), § 184, § 394 (3)).

§ 38

Cancellation of the right to use the apartment for excess

(1) The local national committee may revoke the right to use the apartment excessive.

(2) The apartment is excessive,

(a) if more than 18 m2 per occupant of the apartment and per additional member of his household comes from the aggregate floor area; a further 6 m2 is added to the sum of this surface area; if, however, a household member of 6 m2 does not live with the user of the apartment, no addition shall be made;

(b) if the residential area of the apartment is exceeded by a single room of 30 m2, if the apartment is occupied as a user by an individual without other household members.

(3) The provisions of the preceding paragraphs do not apply

(a) apartments in family homes, where the owner (co-owner) or his married child or parents reside in them;

(b) service apartments,

(c) to the extent provided by the Central Authority for the development of the local economy for flats in old houses, for flats not equipped and for flats without accessories.

§ 39

Cancellation of the right to use the apartment for reasons of general interest

The local national committee may revoke the right to use an apartment if it is necessary to dispose of an apartment or house in such a way that the apartment cannot be used again, in particular:

(a) where the house is to be used in whole or in part for the purpose of implementing a territorial plan or a territorial decision or for the purpose of rendering a rendering, or in the urgent interest of the socialist state, for purposes other than housing; or

(b) reconstructions, reconstructions or other building modifications of the apartment or house are to be carried out which exclude longer use of the apartment.

§ 40

Cancellation of the right to use the apartment for the benefit of the owner of the family home

The local national committee, on a proposal from the owner of the family home, abolishes the right to use the apartment in this house if the owner of the apartment needs a child for himself or his married (married) and the user of the apartment lives more favourably than the owner of the family home, or his married (married) children or, for no serious reason, refuses to move to an apartment which has all the formalities of the replacement apartment.

§ 41

Apartment unlawfully obtained

The local national committee shall issue an eviction order to an apartment to which someone has moved in without the decision of the local national committee or other competent authority or obtained on the basis of incomplete or false data.

Legal consequences of the cancellation of the right to use the apartment and the eviction order

§ 42

(1) Against the decision of the local national committee on the abolition of the right to use the company's apartment, an apartment built in the company's residential building from the company's own free funds (§ 16 (4)), an apartment built in the housing building of uniform agricultural cooperatives, a military apartment, an apartment of the Ministry of the Interior or an apartment of the People's Housing Co., can be invoked by the housing organisation, or by the military administration or by the Ministry of the Interior. The same applies to appeals against an eviction order.

(2) The owner of the family home may appeal against the decision of the local national committee to abolish the right to use the apartment under § 40. Otherwise, the owner of the house cannot appeal against the decision to revoke the right to use the apartment or against the removal order.

(3) The appeal against the decision to revoke the right to use the apartment cannot be withdrawn. However, it may be withdrawn from the removal order to which its user has moved without the decision of the local national committee or other competent authority.

§ 43

(1) A user whose right to use an apartment has been revoked shall be obliged to vacate the apartment within a specified time limit which shall not be less than 15 days; the period for the removal of the apartment obtained unlawfully shall not be less than 3 days.

(2) With the user of the apartment they are obliged to vacate the apartment as well as the members of his household as well as other persons living in the apartment next to the user of the apartment and members of his household.

Citation	Act No. 41 / 1964 Coll., on Housing Management
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	06.03.1964
Effective from	01.04.1964
Effective until	-
Status	Valid

Act No. 41 / 1964 Coll.

Housing Management Act

Contents

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§ 3