Act No. 424 / 2022 Coll.
Act amending Act No. 67 / 2013 Coll., amending certain issues related to the provision of services related to the use of flats and non-residential spaces in the house with flats, as amended
Valid
Law
Effective from 01.01.2023
424
THE LAW
of 1 December 2022
amending Act No. 67 / 2013 Coll., adjusting certain issues relating to the provision of services related to the use of flats and non-residential spaces in a house with apartments, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 67 / 2013 Coll., which regulates certain issues relating to the provision of services related to the use of flats and non-residential spaces in the house with apartments, as amended by Act No. 104 / 2015 Coll. and Act No. 163 / 2020 Coll., is amended as follows:
1. In Article 1 (1), the words "incorporating the relevant provisions of the European Union2 'shall be inserted after the word" the law'.
footnote 2:
"(2) Article 13 of Directive 2012 / 27 / EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, amending Directives 2009 / 125 / EC and 2010 / 30 / EU and repealing Directives 2004 / 8 / EC and 2006 / 32 / EC. Article 1 (6), (8) and (10) and Annex 4 to Directive (EU) 2018 / 2002 of the European Parliament and of the Council of 11 December 2018 amending Directive 2012 / 27 / EU on energy efficiency. ';
2. At the end of § 2, the dot is replaced by a comma and the following point (h) is added:
"(h) the determined heat consumption is the value determined as the difference between the reading of measured values on installed meters under the Metrology Act or on installed installations for the distribution of heating costs at the end and at the beginning of the period for which the information on the determined heat consumption is provided to the service recipient, adjusted using corrections and calculation methods, taking into account the different heat-supply requirements of the heating rooms given by their location and used in the calculation."
3. In Article 2, the present text becomes paragraph 1 and the following paragraphs 2 to 4 are added:
"(2) For the purposes of this Act, a remote deductible meter shall mean a measuring instrument under the Metrology Act, which, by itself or through another device already installed, allows the reading to be performed over a distance of more than 250 metres, except for such a meter under the Metrology Act, which was installed before 1 January 2022 and is not set to a remote reading at least within a monthly interval.
(3) For the purposes of this Act, a remote-deductible heating cost allocation installation shall mean a heating cost allocation installation which, by itself or through another already installed installation, allows for a deduction over a distance of more than 250 metres, with the exception of a heating cost allocation installation which was installed before 1 January 2022 and is not set for a remote-reading period of at least one month.
(4) The fact that a measuring instrument under the Metrology Act, which was installed before 1 January 2022, or the installation for the distribution of heating costs, which was installed before 1 January 2022, is not set at a minimum monthly reading, shall be demonstrated by technical documentation. ';
5. In the last sentence of Article 6 (2), "heat energy 'is replaced by" heat'.
6. In Article 6 (3), the last sentence is replaced by the following: "If the recipient of the services does not allow the installation of specified meters under the Metrology Act with a valid verification or installation for the allocation of heating costs, or through a repeated demonstrable warning, does not allow them to be read or unduly influenced, the breakdown of heating costs shall be adjusted by determining for such a service recipient the cost component as the product of the deductible floor area of the apartment or non-residential space for which the measurement figure is not known and by three times the average value of the cost component per square metre of the eligible floor area for other service recipients. The rest of the consumer cost component shall be accounted for in accordance with the last sentence of paragraph 2, with the lower and upper limits referred to in the first sentence derived from the average of the costs per square metre of the eligible floor area for those other recipients of the service. If no data from any flat or non-residential space are known, the consumption component of the costs shall be divided between the recipients of the services according to the deductible floor area of their flats or non-residential areas. The implementing act shall establish a formula for the calculation of the consumable cost component in accordance with the third sentence. ';
7. In Article 6 (4), the last sentence is replaced by the following: "If the recipient of the service does not allow the installation of hot water meters with valid verification or through a repeated demonstrable warning does not allow them to be read or unduly affected, the breakdown of the costs of the joint preparation of hot water shall be adjusted by determining the consumption component of the costs as the product of the floor area of the apartment or non-residential space for which the measurement figure is not known, and by adjusting the average value of the consumption component of the costs per 1 m2 of the floor area for other recipients of the service. The rest of the consumption component of the costs shall be allocated among these other recipients in accordance with the third sentence. If no data from any flat or non-residential space are known, the consumption component of the costs shall be divided between the recipients of the services according to the floor area of their flats or non-residential areas. The implementing act shall establish a formula for the calculation of the consumable cost component in accordance with the fourth sentence. ';
8. In Section 7, the following sentence is added at the end of paragraph 3: "Impairment of the bill does not affect the maturity of the overpayment. The maturity of the arrears shall not affect such accounting defects as do not affect the calculated amount of arrears. ';
9. In Article 7, the following paragraph 4 is added:
"(4) The cost of drawing up and service of the bill referred to in paragraph 1 may not be included in the cost of services."
10.
Inspection of the accounting and settlement documents
(1) Within 30 days of receipt of the bill, the service provider may ask the service provider in writing to provide evidence to the service provider of the costs of the individual services, how they are to be broken down, how to determine the amount of the advance on the services and the execution of the bill, and to enable the service recipient to obtain copies of the documents. The service provider shall comply with this request within 30 days of its receipt.
(2) Any objections to the manner and content of the bill shall be submitted by the service provider to the service recipient within 30 days of receipt of the bill or, where appropriate, supporting the supporting documents referred to in paragraph 1. If the recipient does not submit objections within that period, it shall be agreed by the method and content of the bill. The service provider shall, at the time of the objection, deal with it within 30 days of its submission. ';
11. the following Sections 8a and 8b are inserted after Section 8, including the headings:
Regular information on heating consumption and centralised hot water provision
(1) When remotely deductible heat consumption meters or remotely deductible heating costs are installed, the service provider shall provide the service provider with information on its determined heat consumption. If the service provider does not agree with a two-thirds majority of the tenants in the house otherwise, or if the cooperative or the community decides otherwise, the information on the observed heat consumption over the calendar month period shall be provided and delivered by the service provider to the recipient by the end of the following calendar month. However, it cannot be agreed or decided that the information on the determined heat consumption will be provided for a period of more than 1 month, except for an arrangement or decision to be provided for the period from the beginning of the accounting period to the end of the current calendar month. Furthermore, it cannot be agreed or decided that the service provider will deliver to the recipient of the service information on its determined heat consumption later than within 25 working days of the end of the period for which the information is provided.
(2) When remotely deductible heat water consumption meters are installed, the service provider shall provide the service provider with information on its consumption of the heat water produced jointly. If the service provider does not agree with a two-thirds majority of the tenants in the house otherwise, or if the cooperative or community decides otherwise, the information on the consumption of the heat water produced together over the calendar month period shall be provided and delivered by the service provider to the recipient by the end of the following calendar month. However, it cannot be agreed or decided that information on the consumption of jointly prepared hot water will be provided for a period of more than 1 month, except for an arrangement or decision to be provided for the period from the beginning of the accounting period to the end of the current calendar month. Furthermore, it cannot be agreed or decided that the service provider will supply the recipient of the service with information on its consumption of jointly prepared hot water later than within 25 working days of the end of the period for which the information is provided.
(3) The service provider shall not be obliged to supply the recipient of the services with information on the determined heat consumption if the heat has not been supplied during the period.
(4) The costs of providing the information referred to in paragraphs 1 and 2 cannot be included in the costs of services.
(5) The obligation referred to in paragraph 1 or 2 shall be deemed to be fulfilled if the service provider makes available to the recipient of the service information on its consumption in a manner that allows remote access and that the service recipient is demonstrably informed of such disclosure. However, the recipient may request in writing the service provider to send information on consumption in paper form during the current settlement period. In such a case, the recipient of the service shall be obliged to pay the costs associated with it and the service provider may request an advance payment of such costs.
Information to the energy service provider
(1) Upon written request from the recipient of services, the service provider shall deliver to the energy service provider, in accordance with the Energy Management Act, which the recipient of services shall designate in its request, the accounts of the recipient of services from the last 3 years and the information on its determined heat and consumption of the heat water produced together from the last 3 years, if available.
(2) The obligation referred to in paragraph 1 shall be deemed to be fulfilled if the service provider makes these accounts and information available to the energy service provider under the Energy Management Act designated by the service provider in a way that allows remote access and that the energy service provider is made available under the Energy Management Act. ';
Efficacy
This Act shall enter into force on 1 January 2023, with the exception of the provisions of Article 5 (1) (a) and (b) of Directive 91 / 414 / EEC. Article 8 (1) I, point 4, which shall take effect on 1 January 2027.
Pekarová Adamová v. r.
Zeman v. r.
Fiala v. r.
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Regulation Information
| Citation | Act No. 424 / 2022 Coll., amending Act No. 67 / 2013 Coll., adjusting certain issues related to the provision of services related to the use of flats and non-residential spaces in the house with flats, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 20.12.2022 |
|---|---|
| Effective from | 01.01.2023 |
| Effective until | - |
| Status | Valid |
Parliamentary Paper:
Paper No. 199
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