Government Decree No. 438 / 2009 Coll.
Government Regulation amending Government Regulation No. 370 / 2004 Coll., on the scope and conditions of the use of funds to cover loans secured by the State Housing Development Fund
Valid
Regulation
Effective from 11.12.2009
Text versions:
11.12.2009
438
GOVERNMENT REGULATION
of 16 November 2009
amending Government Regulation No 370 / 2004 Coll., on the scope and conditions of the use of funds to cover loans secured by the State Housing Development Fund
The Government orders pursuant to § 9 of Act No. 211 / 2000 Coll., on the State Housing Development Fund and on the amendment of 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, as amended by Act No. 61 / 2005 Coll.:
Government Regulation No. 370 / 2004 Coll., on the scope and conditions of the use of the funds of the State Housing Development Fund to cover loans secured by the State Housing Development Fund, is amended as follows:
1. Paragraph 1, including footnotes 1 and 2, reads as follows:
(1) This Regulation provides for the scope and conditions of the use of the funds of the State Housing Development Fund (hereinafter referred to as the Fund) to cover liability obligations for part of the outstanding principal of a loan granted to a legal or natural person (hereinafter referred to as the applicant) to cover the costs associated with the construction of rental apartments and the construction of infrastructure by municipalities for residential construction.
(2) The applicant must have his registered office or residence in the territory of:
(a) a Member State of the European Union;
(b) a State Party to the Agreement on the European Economic Area; or
(c) the Swiss Confederation.
(3) For the purposes of this Regulation, construction shall mean:
(a) the new building of the apartment house where the rental apartment is created,
(b) the superstructure or extension according to the building legislation1), resulting in a rental apartment;
(c) building modifications according to the building legislation1) to create a rental apartment from
1. premises intended for purposes other than housing; or
2. an apartment unfit for living.
(4) If an application for guarantee is submitted after 1 January 2012, the construction referred to in paragraph 3 (a) shall comply with the energy performance requirements of the buildings, applicable at least to Class B under the specific legislation governing the energy performance of the buildings (2).
1) Paragraph 2 (5) of Act No. 183 / 2006 Coll., on Territorial Planning and Construction Regulations (Construction Act).
2) Decree No. 148 / 2007 Coll., on the energy performance of buildings, as amended. '.
2. In Paragraph 2 (1), "20 'is replaced by" 40' and the words "the establishment of a guarantee 'are replaced by" the conclusion of a guarantee contract'.
3. Paragraph 2 (2) reads as follows:
"(2) The guarantee may provide a maximum of 70% of the outstanding principal of the loan. In so doing, the outstanding portion of the principal for which it is guaranteed may not exceed
(a) in the case of construction referred to in § 1 (3) (a)
1,500,000 CZK, or
2. 1 800 000 CZK, if the applicant is a municipality and part of this construction is the technical infrastructure of the municipality,
(b) in the case of construction referred to in § 1 (3) (b) and (c) 300 000 CZK. "
4. In Article 3 (1), the words "the municipality in Czech currency" are deleted and the words "the repair, modernization and construction of apartments owned by the municipality or the construction of infrastructure, where the apartments or infrastructure are situated or will be situated in the Czech Republic," are replaced by the words "the construction or construction infrastructure of the municipality referred to in Article 1 (3) (a)."
5. in Article 3 (2) (a) and (c), the word 'municipalities' shall be replaced by 'applicants';
6. in Articles 3 (2) (b) and 5 (i) and (o), the word "municipality" shall be replaced by "applicant."
7. In Paragraph 3 (2), at the end of point (c), the comma is replaced by a dot and point (d) is deleted.
8. In Article 3, paragraphs 3 and 4 are added:
"(3) At the time when the loan is guaranteed by guarantee, the applicant shall not transfer the loan or the ownership of the lease to another person without the consent of the Fund. If the person to whom the credit or ownership right is transferred fulfils the conditions laid down in this Regulation and undertakes to assume the rights and obligations relating to the guarantee, the Fund shall give its consent to the transfer.
(4) The applicant will not change the use of construction as a rental apartment for the duration of the guarantee but for at least 10 years after the conclusion of the guarantee contract. "
9. Paragraph 4 (1) reads as follows:
"(1) The application for guarantee of the loan is submitted by the applicant to the Fund."
10. In Section 4 (2) of the introductory part of the provision, the word "Community 'is replaced by the word" Applicant'.
11. in Paragraph 4 (2) (b), the word "municipality" shall be deleted;
12. in Article 4 (2) (c), "its" is deleted and at the end of the text in point (c) the words "if the applicant is a self-governing body."
13. in Article 4 (2) (d):
"(d) a statement that, at the date on which the application for guarantee of the credit is submitted, it does not have a outstanding balance to the public budget or to the health insurance undertaking;"
14. in Article 4 (2) (e), the word "her" shall be replaced by "him" and the word "her" shall be replaced by "him."
15. in Article 4, at the end of paragraph 2, the dot is replaced by a comma and the following points (g) and (h) are added:
"(g) for the construction referred to in Article 1 (3) (c) (2), an opinion of an authorized engineer in the field of land construction, or an expert opinion prepared by a forensic expert in the field of land construction, or a statistic of buildings evidencing the incapacity of an apartment for housing;
(h) a declaration in the case of aid granted under the directly applicable EC Regulation governing small scale aid (3).
3) Article 3 of Commission Regulation (EC) No 1998 / 2006 on the application of Articles 87 and 88 to de minimis aid. '
16. in Paragraph 4 (3):
"(3) The Fund may require additional documents to assess the purpose of the loan, the financial security of the investment and the level of risk. ';
17. In Article 4, the following paragraph 4 is added:
"(4) Where an application for a credit guarantee fulfils the conditions laid down in this Regulation, the Fund shall assess the risk of a credit guarantee guarantee and may conclude a guarantee contract with the applicant on the basis of that assessment. ';
18. In Section 5 of the introductory part of the provision, the words' must contain 'are replaced by' contains in particular '.
19. in Article 5 (b):
"(b) the name and, where applicable, the name, surname, address of the place of residence or place of residence and the date of birth of the applicant, if the applicant is a natural person, or the name, seat and identification number, if the applicant is a legal person, the name or, where applicable, the surname, the address of the place of residence or the address of residence and the date of birth of the person or persons acting on behalf of the legal person,";
20. in Article 5 (k), the word "municipality" is replaced by "applicant."
21. In Article 5 (m):
"(m) a contractual penalty arrangement in the event that the applicant uses the funds obtained by drawing a guaranteed credit for a purpose other than that specified in the guarantee contract or infringes the obligations laid down in the guarantee contract;"
22. in Paragraph 6 (2), the word "municipality" is replaced by the word "applicant."
23. In Section 7, the words "the municipality used 'are replaced by the words" the applicant used' and the words "the municipality 'are replaced by the words" the applicant'.
Article 24 (8) shall be deleted;
Efficacy
This Regulation shall enter into force on the day of its publication.
Prime Minister:
Ing. Fischer, CSc.
Minister for Local Development:
Ing. Vondruška v. r.
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Regulation Information
| Citation | Government Regulation No. 438 / 2009 Coll., amending Government Regulation No. 370 / 2004 Coll., on the scope and conditions of the use of funds to cover loans secured by the State Housing Development Fund |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 11.12.2009 |
|---|---|
| Effective from | 11.12.2009 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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