Government Regulation No. 453 / 2013 Coll.
Government regulation on the determination of the details and procedure for the finding of a comparable rental normal at the site
Valid
Regulation
Effective from 01.01.2014
Text versions:
01.01.2014
31.12.2013
453
GOVERNMENT REGULATION
of 11 December 2013
laying down the details and procedure for the determination of a comparable rental normal at the site
The Government orders pursuant to § 2249 (2) of Act No. 89 / 2012 Coll., Civil Code:
Preliminary provisions
This Regulation lays down the details and procedure for the finding of a comparable rental normal at a given location for legal relationships established by a lease agreement in which the lessor undertakes to leave the lessee an apartment, a house or a non-residential space (hereinafter referred to as an "apartment ') to provide for his housing needs.
Definition of terms
For the purposes of this Regulation:
(a) comparable rental rent currently paid for comparable flat in a house in a comparable place and in similar other conditions applicable to the level of the agreed rent;
(b) comparable rentals normally at the site, the aggregate value of comparable rentals;
(c) the characteristics of the legal and factual facts affecting the amount of the rent referred to in Annexes 1 and 2 to this Regulation.
Determination of comparable rental normal at the site
(1) In order to establish a comparable rental normal at a given location, the following methods apply to a particular apartment:
(a) the acquisition of an expert's opinion on the amount of the normal rent, which is considered to be comparable to that of a particular flat,
(b) a determination on the basis of evidence of at least three comparable rents.
(2) If a lessee is leased other than a residential space to ensure the residential needs of the lessee, paragraph 1 shall apply mutatis mutandis to establish a comparable rental normal at that location.
Assessment of comparability
(1) When assessing comparability, there must be a consensus in at least some of the variants of characteristics, in an appropriate number of characteristics that substantially affect the rent.
(2) Comparability of rent is conditional on agreement in variants of characteristics,
(a) comparability of rental relationships to the extent of rights and obligations; and
(b) the comparability of the residential value of the apartment.
(3) In the determination of comparability, the rent of flats which
(a) they are leased as service apartments;
(b) they are not leased as residential premises, even in part;
(c) are left for temporary use or short-term purpose;
(d) are cooperative dwellings used by members of the cooperative;
(e) are special purpose dwellings;
(f) the rent is limited to public support.
(4) When establishing comparability, rent shall not be taken into account
(a) from residential areas used under the accommodation contract;
(b) apartments in which the rent is affected by the lessee's special interest.
(5) In determining comparability, the characteristics relating to the lessee's subjective assessment of the lessee's lessor, in particular in relation to its social status, shall not be taken into account.
(6) The same rent cannot be considered as a flat-rate payment under the Act, which regulates certain issues relating to the provision of services related to the use of apartments and non-residential premises in the housing.
Comparability of rental relationships and residential value of the apartment
(1) When assessing the comparability of rental relationships, it is necessary to compare rental rent with the same range of rights and obligations set out in Annex 1 to this Regulation.
(2) In order to demonstrate the comparability of the residential value of the apartment, at least one variant of each group of characteristics listed in Annex 2 to this Regulation shall be represented in the same way.
Comparable rental usual at the given location
(1) In the procedure provided for in Article 3 (1) (a), the amount of the normal rent for a particular flat indicated in the expert's opinion is comparable to that normally paid at the site.
(2) In accordance with the procedure laid down in Paragraph 3 (1) (b), the comparable rental common at the site shall be expressed as an interval,
(a) as a mean value plus or minus the standard deviation from each comparable lease at their number of more than 30;
(b) as an interval from the distribution of individual comparable rentals without extreme values, this is the exclusion of one sixth of the values at the bottom and one sixth of the values at the top of the distribution at their number of 12 to 30; or
(c) as an interval defined by the lowest and highest of the documented values of comparable rent at a number of less than 12.
(3) If, at a given point, the value of all comparable leases is the same, this particular value shall be the value of the comparable leases customary at that point.
For the purposes of determining the entitlement and amount of benefits under Act No. 111 / 2006 Coll., on aid in material distress, as amended, the provisions of Sections 4, 5 and 6 shall not apply.
Efficacy
This Regulation shall take effect on 1 January 2014.
Prime Minister:
Rusnok v. r.
Minister for Local Development:
Lukl v. r.
Příloha č. 1
Annex No 1 to Government Regulation No 453 / 2013 Coll.
Characteristics of rental relationships
The characteristics of rental relationships to be used for the determination of comparable rent are in particular:
1. Length of rent
Variants characteristics
(a) short-term rent up to 1 year;
(b) fixed-term lease for more than 1 year;
(c) an indefinite lease.
2. Possibility of subletting
Variants characteristics
(a) the possibility of subletting part of the apartment is agreed,
(b) the possibility of subletting the whole apartment is agreed,
(c) a prohibition on subletting is agreed.
3. Payment of security
Variants characteristics
(a) the security not required,
(b) a guarantee of the maximum amount laid down by the Civil Code;
(c) a security of less than that laid down in the Civil Code.
4. Arrangement on special rights and obligations of the tenant
Variants characteristics
(a) the lease linked to the landlord's household assistance is agreed;
b) rental connected with cleaning in the house,
(c) rent linked to garden care;
(d) agreed obligations of a penalty nature,
e) the right of the tenant to use the adjacent garden at the house.
5. Existence of an inflation clause
Variants characteristics
(a) the existence of arrangements for the annual adjustment of rental price increases;
(b) the existence of arrangements for the annual adjustment of the rent to changes in the exchange rate.
6. Rent payment interval
Variants characteristics
(a) rent paid in advance for each month;
(b) rent paid in advance for a longer payment period than 1 month.
7. Terms of reference
Variants of characteristics
(a) 3 months' notice period laid down by the Civil Code;
(b) an agreed period of notice exceeding 3 months.
Příloha č. 2
Annex No 2 to Government Regulation No 453 / 2013 Coll.
Groups of characteristics of the residential value of the apartment
In order to assess the comparability of the residential value of the apartment, five main categories of characteristics are defined:
1. Type of construction and type of apartment
The method of building the house and apartment, in particular the distinction between whether the apartment is located in a family house, in a standardized row house, or a double house, or in a rental apartment. Other variants of characteristics are e.g. the location of the apartment inside the house, the range of sunbathing or shielding.
Variants of characteristics are in particular:
family house, apartment house, apartment in the house where does not predominate the functions of living, multi-storey house, low-floor house, panel house, other than panel house, standard type apartment, apartment that is not under closure, basement apartment, ground floor apartment, mesonet apartment.
2. Size of living space
In general, the rent per square metre of smaller flats is higher than the rent for flats with larger floors. The comparable rent must therefore be evidenced by apartments of similar size. For the purpose of recognising comparability, it is necessary that the total area of flats is also determined according to the same definition. Although terraces, balconies, logbooks or cellars that are not rooms cannot be counted into the floor area of the apartment, they can be counted if they are included in comparable apartments. However, the very existence of terraces, balconies, logbooks and cellars may also occur in another group of characteristics of residential value - specifically in the furnishings of the living space.
Variants of characteristics are in particular:
size category of apartment (large, medium, small apartment), indication of the total area of apartment.
3. Furniture of living space
Equipment shall be understood as everything provided by the lessor to the lessee for permanent use, provided that the remuneration for the use of such equipment is part of the hired rent. In order to assess comparability, such equipment as it acquired cannot be considered and the costs associated with it were borne by the lessee.
Variants of characteristics are in particular:
Heating of local solid fuel, heating of only some rooms, impossibility of access to hot water, lack of basic equipment and equipment (toilet or bathroom or shower) under closure in the apartment, the existence of more bathrooms, the existence of multiple toilets, the existence of multiple built-in cabinets, the kitchen equipped with a kitchenette, extremely high quality floor coverings, the existence of pantry, closets, laundry rooms, as well as balcony, terraces or lodjies, the existence of elevators, cellar or attic spaces accessible to tenants.
4. State of the building and status of the apartment
Method of building and apartment construction, building and energy status of building and possibly apartment.
Variants of characteristics are in particular:
unsatisfactory condition of the building's mantle and roof including windows and entrance doors, extremely good condition of the building's mantle and roof on the building's side (atypical windows, stucco, sgraffiti), thermal insulation of the building's envelope, roof and entrances, modernization of house distribution (electro, water, waste and low voltage distribution), classification class of the building's energy performance in terms of efficiency of operation, non-compliant condition of the apartment, e.g. for repeated occurrence of mold, modernized bathroom, double or triple insulation glazing in all windows and external doors, protection against break-ins, modernized wiring and waste in the apartment.
5. Location of the apartment in place
The location of the apartment affects the rent significantly and comprehensively. The location of the apartment can be assessed very differently individually. The housing area in which the apartment is located is particularly important for the quality of the location. The importance of the location of the apartment in the location for the rent amount increases with the size of the municipalities. In some cases, the address of the comparable apartments may be sufficient to indicate compliance with the characteristics of "location of the flat in place '.
Variants of characteristics are in particular:
availability of services good / bad, transport service good / bad, thick / thin surrounding area / solitude, range of green and free space considerable / insufficient, deterioration of the place by noise, smell, dust, good / bad infrastructure.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Government Decree No. 453 / 2013 Coll., on the determination of details and procedure for the determination of a comparable rental customary at the site |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.12.2013 |
|---|---|
| Effective from | 01.01.2014 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0