Government Regulation No. 468 / 2012 Coll.
Government Regulation on the use of State Housing Development Funds in the form of loans to legal and natural persons for the repair and modernisation of homes
Valid
Regulation
Effective from 11.01.2013
468
GOVERNMENT REGULATION
of 5 December 2012
on the use of the resources of the State Housing Development Fund in the form of loans to legal and natural persons for the repair and modernisation of homes
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.:
Subject matter
This Regulation lays down the conditions for the use of funds from the State Housing Development Fund ("the Fund ') in the form of loans to legal and natural persons for the repair and modernisation of homes.
Definition of terms
For the purposes of this Regulation:
(a) a building with at least four separate bytes (1), in which more than half of the floor area complies with the requirements for permanent housing and is intended for this purpose, built on the territory of the Czech Republic,
(b) by repairing or modernising the house, the activity listed in the Annex to this Regulation.
Conditions for granting credit
(1) The loan may be granted to a natural or legal person who is the owner or co-owner of the house or by1) in the house.
(2) A loan may also be granted to that legal person in the house in which the unit owner community is established.
(3) A loan may be granted if the following conditions are met:
(a) the repair or upgrading of the house shall be subject to the repair or upgrading of the house referred to in Part A of the Annex to this Regulation, unless the condition of the house does not clearly require any repair or modernisation referred to in Part A of the Annex to this Regulation under individual items;
(b) a written application for a loan pursuant to Article 4 is submitted before the start of the repair or modernisation of the house;
(c) in the case of a loan subject to the conditions laid down by a decision of the European Commission under the directly applicable European Union State aid Regulation (6) (hereinafter referred to as the "conditions of the notified scheme"), the work started (7) before the Fund confirms in writing that the project complies in principle with the conditions of the notified scheme;
(d) the supplier of the repair or modernisation of the house is natural or legal persons who have a quality management system in place and certified in a manner consistent with the relevant Czech technical standard (2);
(e) repairs or modernization of the house are authorised by the building office or are duly notified to the building office if the building permit or declaration is subject to the building permit or the maintenance work ordered under the building law;
(f) the credit is adequately secured.
(4) The loan may be granted only once for the same type of repair or modernisation of the same building elements of the house; This does not apply if the building elements of the house which were subject to previous repair or modernisation no longer comply with the current requirements laid down by the legislation or technical standards.
(5) A loan under this Regulation shall not be granted for activities supported by State or European funds.
Credit application
(1) The application for credit contains:
(a) the name and, where applicable, the name, surname, address of the place of permanent residence and date of birth, if the applicant is a natural person;
(b) the name and, where applicable, the name, surname, business name, identification number of the person and address of the place of permanent residence or place of business, if different from the address of permanent residence, if the applicant is a natural person,
(c) the firm or name, the person's identification number and the registered office, if the applicant is a legal person.
(2) The applicant shall accompany the application for credit:
(a) proof of ownership of the house or apartment for the repair or modernisation of which a loan is to be granted;
(b) a statement by the applicant stating that, at the date on which the application for credit is submitted, it does not have a outstanding balance to the public budget or to the health insurance undertaking;
(c) a statement by the applicant that, at the time of the application and for 3 years before the application, the applicant is not in bankruptcy or liquidation or is not in danger of being bankrupt, has not been or is not in a position to execute the decision against the applicant, is not initiated or prosecuted against the applicant and has not been convicted for an offence the nature of which is related to the applicant's activity or to an economic offence or offence against property;
(d) the project documentation of the proposed repair or modernisation of the house by an authorised engineer or an authorised engineer active in the construction, provided that the proposed repair or upgrade is subject to a building permit or notification or where the requirement for its processing results from legislation;
(e) proof of energy savings;
(f) the budget in which the appropriations for the repair or modernisation costs of the house, as set out in the Annex to this Regulation, must be specifically indicated;
(g) proof of the floor area of the apartments in the house for repair or modernisation of which a loan is to be granted;
(h) in cases where the condition of the house clearly does not require any correction or modernisation as set out in Part A of the Annex to this Regulation, a certificate of that fact issued by the person referred to in (d).
(3) If the loan application is incomplete, the Fund shall invite the applicant within 30 days of receipt of the loan application to complete it within the time limit set by the Fund. The Fund may also invite the applicant to complete the additional supporting documents needed to assess the purpose of the loan and the applicant's ability to repay the loan. If the applicant fails to complete the required information within the prescribed time limit, the credit agreement cannot be concluded.
(4) After prior examination of the application, the applicant shall provide evidence of the Fund's written invitation to:
(a) the validity of the planned repair or upgrading by one of the following documents or declarations:
1. the final building permit or public contract to carry out the construction which may be replaced by the building permit or proof of notification of the certified inspector's certificate to the competent building authority;
2. the approval of the construction office to carry out the notified construction; or
3. a declaration by the applicant that the construction modifications do not require a building permit or a declaration (4);
(b) a construction contract concluded with the contractor of the construction, unless the applicant himself carries out the construction;
(c) a document proving compliance with the condition laid down in Article 3 (3) (d).
Interest rate and loan amount under de minimis conditions
(1) The amount of the interest rate may not be lower than the basic reference rate of the European Union5).
(2) If the interest rate is lower than the European Union's basic reference rate plus the corresponding risk premium according to the applicant's creditworthiness and credit collateral, the credit amount is limited in accordance with the rules for granting de minimis aid under the directly applicable European Union3).
(3) The amount of the loan may not exceed 90% of the budgetary costs of the repair or modernisation of the house listed in the Annex to this Regulation.
Interest rate and loan amount under the terms of the notified scheme
(1) The amount of the interest rate may not be lower than the basic reference rate of the European Union5).
(2) Where the interest rate is lower than the basic reference rate of the European Union plus an appropriate risk premium based on the applicant's creditworthiness and credit collateral, the credit amount is limited by the maximum aid intensity in accordance with the terms of the notified scheme.
(3) The amount of the loan may not exceed 75% of the budgetary costs of the repair or modernisation of the house listed in the Annex to this Regulation.
Credit agreement and borrowing conditions
(1) If the conditions laid down in this Regulation are met and the Fund has the funds for granting the credit, it may submit to the applicant a draft credit agreement.
(2) If the Fund does not grant a loan, it shall inform the applicant in writing without undue delay.
(3) If, for reasons not provided by the applicant, a credit agreement is not concluded no later than 2 months after receipt of the call for the Fund for the conclusion of the credit agreement, the loan shall not be granted.
(4) The use of the credit must start within 6 months of the date of entry into force of the credit agreement.
(5) The repair or modernisation of the house must be completed within 3 years of the date of entry into force of the credit agreement.
(6) For the period of repayment of the loan, but not less than 5 years from the date of entry into force of the credit agreement, the house or apartment may not be used for purposes other than housing.
(7) Where a decision is taken to remove the house for which the loan has been granted for repair or modernisation, the beneficiary of the loan shall notify the Fund within 30 days of the date on which the decision became final.
(8) The credit agreement must contain an arrangement for the contractual fine in particular in the event that the recipient of the credit is late in paying the instalments of the loan at the agreed amount or fails to comply with the conditions set out in § 3 and paragraphs 5 to 7.
Payment of credit
(1) The period of repayment of the loan may be negotiated in the credit agreement for a maximum period of 30 years from the date of entry into force of the credit agreement. At the request of the borrower, the start of repayment of the principal of the loan may be postponed for a maximum period of 2 months from the end of the repair or modernisation. At the request of the beneficiary, the Fund may adjust the repayment period. The total repayment period shall not exceed the period specified in the first sentence.
(2) The Fund may require the immediate repayment of the loan,
(a) if the transfer or transfer of ownership of the house or apartment is made to another person and the new owner does not fully assume the obligation to repay the remainder of the loan or the remainder of the loan is not sufficiently secured;
(b) where it is found that the recipient of the credit has supplied incorrect information on the basis of which the credit agreement was concluded or has infringed the conditions set out in Article 6 (5) to (7);
(c) if the recipient of the credit is late in paying at least 2 monthly instalments of the loan at the agreed amount and does not pay the amounts due within 30 days of receipt of the written notice;
(d) where a decision by the competent building office on the change of the purpose of the use of the house or apartment or the removal of the house becomes legal.
Transitional provision
(1) Legal relations arising under Government Decree No. 299 / 2001 Coll., as well as rights and obligations arising therefrom, are governed by existing legislation.
(2) The refinancing of the loan granted by the Bank for the repair and modernisation of houses is not considered to be an early repayment of the entire principal provided for in Section 7 (2) of the Government Regulation 299 / 2001 Coll. provided that the new loan is granted only to cover the outstanding part of the loan to which the aid relates. This also applies in cases of refinancing of loans before the date of entry into force of this Regulation.
Repeal
The following shall be deleted:
1. Government Decree No. 299 / 2001 Coll., on the use of the resources of the State Housing Development Fund to cover part of the interest on loans granted by banks to legal and natural persons for the repair and modernisation of homes.
2. Government Decree No. 398 / 2002 Coll., amending Government Decree No. 299 / 2001 Coll., on the use of the resources of the State Housing Development Fund to cover part of the interest on loans granted by banks to legal and natural persons for the repair, modernisation or regeneration of panel houses.
3. Government Decree No. 152 / 2004 Coll., amending Government Decree No. 299 / 2001 Coll., on the use of the resources of the State Housing Development Fund to cover part of the interest on loans granted by banks to legal and natural persons for the repair, modernisation or regeneration of panel houses, as amended by Government Decree No. 398 / 2002 Coll.
4. Government Decree No. 325 / 2006 Coll., amending Government Decree No. 299 / 2001 Coll., on the use of the resources of the State Housing Development Fund to cover part of the interest on loans granted by banks to legal and natural persons for the repair, modernisation or regeneration of panel houses, as amended.
5. Government Regulation No. 118 / 2009 Coll., amending Government Regulation No. 299 / 2001 Coll., on the use of the resources of the State Housing Development Fund to cover part of the interest on loans granted by banks to legal and natural persons for the repair, modernisation or regeneration of panel houses, as amended.
6. Government Decree No. 310 / 2009 Coll., amending Government Decree No. 299 / 2001 Coll., on the use of the resources of the State Housing Development Fund to cover part of the interest on loans granted by banks to legal and natural persons for the repair and modernisation of homes, as amended.
Efficacy
This Regulation shall take effect on the 15th day following its publication.
Prime Minister:
RNDr. Netime v. r.
Minister for Local Development:
Ing. Jankovský v. r.
Annex to Government Regulation No 468 / 2012 Coll.
List of repair and modernization houses on which credit can be granted
Item No
1 Removal of house base failures and repair of waterproofing of the bottom structure
2 Removal of static structural defects
3 Repair of circumferential casing and repair of contact with parts of circumferential casing
4 Repair of loggia or balconies including railing, replacement of original balconies for new balconies or conversion of balconies to logžie with possible extension of the useful floor area of the new balcony or logžie in connection with the used construction technology
5 Implementation of additional heat insulation of opaque circuit shell
6 Replacement of external opening fillers with thermal technical or noise-enhanced materials
7 Repair and heating of roofs including superstructures such as machinery spaces, chimneys, etc.
8 Control of heating system
9 Repair or replacement of lightning ducts, main power distribution (heavy current, weak current), health-technical installations and gas including replacement of power meters
Item No
10 Establishment of a new balcony or logžie, glazing of existing balcony or logžie
11 Restoration of submitted steps and railing, walls and tiles
12 Repair of fire-fighting equipment and structures
13 Heat of selected internal structures
14 Repair of ground layers and structures of floors, walls and ceilings in common spaces, corridors, staircases and entrance areas including boxes and lighting
15 Improving the central regulation of the heating system, upgrading the heating system including the use of renewable energy sources, which may be associated with the exchange of distribution and, where appropriate, heating bodies and the exchange or installation of new heat consumption meters
16 Repair of object transfer stations or machinery rooms with hot water preparation equipment including installation of consumption meters
17 Construction of a new boiler room for the needs of the house
18 Installation of thermosolar panels for the production of heat or hot water of the house
19 Establishment, repair or modernisation of air conditioning
20 Establishment of a new lift, repair or replacement of an existing lift including necessary interference with the structure of an elevator shaft
21 Repair or replacement of entrance doors to the apartment
22 Repair or modernization of the housing core including distribution of electricity, medical installations and gas
23 Repair or modernization in the apartment - replacement of distribution, repair of floors, walls, ceilings and door changes
24 Costs of project work, necessary opinions, revisions, licences, audits, technical supervision of the builder
1) § 3 of Decree No. 268 / 2009 Coll., on Technical Requirements for Buildings, as amended by Decree No. 20 / 2012 Coll.
2) EN ISO 9001 or 9002.
3) Commission Regulation (EU) No 1407 / 2013 of 18 December 2013 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid.
4) § 103 of the Building Act.
5) Communication from the Commission on the revision of the method for setting the reference and discount rates (2008 / C 14 / 02) of 19 January 2008.
6) Council Regulation (EC) No 659 / 1999 of 22 March 1999 laying down detailed rules for the application of Article 108 of the Treaty on the Functioning of the European Union, as amended.
(7) Point 23 of Article 2 of Commission Regulation (EU) No 651 / 2014 of 17 June 2014 declaring certain categories of aid compatible with the internal market in accordance with Articles 107 and 108 of the Treaty.
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Regulation Information
| Citation | Government Regulation No. 468 / 2012 Coll., on the use of the resources of the State Housing Development Fund in the form of loans to legal and natural persons for the repair and modernisation of homes |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.12.2012 |
|---|---|
| Effective from | 11.01.2013 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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