Decree of the Federal Ministry of Finance, Ministry of Finance of the Czech Socialist Republic, Ministry of Finance of the Slovak Socialist Republic, Czech Price Office and Slovak Price Office No. 47 / 1978 Coll.
Decree of the Federal Ministry of Finance, the Ministry of Finance of the Czech Socialist Republic, the Ministry of Finance of the Slovak Socialist Republic, the Czech Price Office and the Slovak Price Office on the sale of flats from national assets to citizens and on financial assistance in modernising purchased flats
Valid
Effective from 10.05.1978
47
DECLARATION
Federal Ministry of Finance, Ministry of Finance of the Czech Socialist Republic, Ministry of Finance of the Slovak Socialist Republic, Czech Price Office and Slovak Price Office
of 4 May 1978
on the sale of national property apartments to citizens and on financial assistance to modernise purchased flats
Federal Ministry of Finance pursuant to § 24 (1) of Act No. 52 / 1966 Coll., on Personal Property to Houses, as amended by Act No. 30 / 1978 Coll., § 391 (1) of the Economic Code No. 109 / 1964 Coll., as amended by Act No. 37 / 1971 Coll., as amended by the Act No. 144 / 1975 Coll., § 508 (1) of the Civil Code No. 40 / 1964 Coll., § 28 (d) and (e) of Act No. 24 (3) of the Act No. 52 / 1966 Coll., on the State Budget Rules of the Czech Socialist Federation and the Principles of the Finance of the Slovak Socialist Republic under § 24 (2) of Act No. 52 / 1966 Coll., as amended by Act No. 30 / 1978 Coll.
Subject matter of sale
(1) The object of the sale is apartments and non-residential rooms intended for the personal use of citizens who are State-owned and in the administration of national committees or their housing organisations.
(2) The sale excludes flats in houses where non-residential premises used by socialist organisations or home furnishings are used also for bodies other than the users of flats in the respective residential building (e.g. a block boiler or an exchange station intended also for the use of other houses). Sales are also excluded from administratively distributed bybybyby( 1) while they are being used by two or more households and flats in houses which, according to the approved zoning plan, are intended for rendering.
Pricing allowance
(1) If the latter's apartment is sold to an existing user, the National Committee will grant a contribution of the sum of:
30% for category I flats
40% for category II flats
50% for category III and IV apartments.
(2) The allowance shall be granted subject to the condition that the owner of the purchased apartment or part thereof does not transfer to a person other than the spouse, parent or offspring before 10 years after the conclusion of the purchase contract.
(3) The purchase contract shall state that the purchaser pays the price less the contribution and that the contribution shall be returned without delay to the national committee if it infringes the condition with which it was granted.
Reimbursement of maintenance and repair costs of common parts of the house in which all apartments have not yet been sold
(1) If citizens - apartment owners - consider that they will entrust the management of the common parts of the house, its equipment and accessories to the organisation which manages the other apartments in the house, the organisation will conclude a long-term agreement with the citizens - the owners of the apartments (usually for 10 years) to ensure the maintenance and repair of the common parts of the house for a fixed contribution.
(2) The allowance for 1 m2 of floor area of non-residential flats and rooms per year is:
Cčs 16 for category I flats
Cčs 13 for category II flats
Cčs 7 for category III and IV apartments and rooms not for living.
(3) The contribution is intended to cover the costs of maintaining and repairing the common parts of the house and its equipment, such as external plaster, roofs, staircases and corridors, repairs and exchanges of medical equipment (except for installation and fitting items in apartments), lifts, laundry and central heating, and repairs (or exchanges) of external parts of windows and doors.
(4) If the sale of the last apartment in the house becomes personal ownership, the organisation is obliged to charge the maintenance and repair allowance with the actual costs incurred and to return any excess to the citizens - the owners of the apartments. However, any deficit is not covered by citizens - apartment owners.
(5) In the event that the owners ensure the administration, operation, maintenance and repair and, where appropriate, the improvement of the common parts of the house themselves, they shall contribute to the reimbursement of the costs associated with this in proportion to the size of the joint ownership shares. 8)
(6) Organisations which manage apartments not yet sold in the house and do not participate in self-help work related to the repair and maintenance of the common parts of the house shall pay their share of the money.
Reimbursement of costs related to the modernisation of houses administered by the socialist organisation
(1) The level of reimbursement of the costs associated with the modernisation and reconstruction of the house, where the management of the common parts has been entrusted to the organisation, is determined by an agreement between citizens - owners of apartments and organisations.
(2) In order to pay for the necessary accommodation 9), citizens - apartment owners - only contribute to an organisation entrusted with the management of the common parts of the house if the apartments are subsequently transferred to a higher category and only up to the amount corresponding to the evaluation of the apartment.
Reimbursement of services related to the use of an apartment in houses administered by a socialist organisation
(1) The payment for cleaning common areas in the house, for the use of the laundry and its accessories, for central or district heating and for the supply of hot water, for water and bilge water, as well as for the common television antenna, is set by the organisation managing the common parts of the house to citizens - apartment owners of the same amount and in the same way as users of flats in state socialist property.
(2) For the lighting of common areas of the house, for the removal of waste, for the cleaning of walkways and chimneys and for the management of common parts of the house, the organisation managing the common parts of the house to the citizens - the owners of the apartments shall pay in the form of a fixed annual allowance for 1 m2 of floor area of the apartments and rooms not serving for housing
Cčs 4 for category I flats
Cčs 3 for category II flats
Kčs 2 for category III and IV apartments and rooms not for living.
Contributions to the modernisation of category III and category IV apartments
(1) For the modernisation of category III and category IV apartments to be acquired by category I or category II apartments, a contribution of 50% of the cost of the material and its import may be granted to owners, up to a maximum of CZK 15 000 per apartment. The condition is that the owner of the apartment performs modernisation in accordance with the applicable building permit and does not transfer the modernised apartment within 5 years after the approval decision has been issued to a person other than the spouse, parent or offspring.
(2) The contribution referred to in paragraph 1 shall be granted on the basis of the calculation of the estimated cost of the material and its import, and the amount shall be specified after the construction has been completed according to the actual costs established.
(3) The allowance shall be granted on the basis of a contract concluded with the owner of the apartment by the district national committee responsible for the place of modernisation of the apartment. The District National Committee shall undertake, in the contract of the owner of the apartment, to repay the modernisation allowance in the event that the owner fails to comply with one of the conditions set out in the contract. The refund shall be made by the district national committee to the state budget of the Republic through the State savings bank.
(4) The contract concluded in accordance with paragraph 3 shall be forwarded by the district national committee to the competent State savings bank, which shall pay the amount of the contribution to the owner's interest-free account. The sums paid to the interest-free accounts of the owners will be settled by the State Savings Bank from the special-purpose state subsidy of the relevant Ministry of Finance.
(5) The funds in the interest-free account may only be used by the owner of the apartment to cover the costs of modernising the apartment.
Loans from state savings banks to buy an apartment
In order to cover the price of the apartment, the state savings bank may grant a loan to the buyer. 10) The maturity of the loan shall be set at a maximum of 30 years. The interest rate is 2,7%.
Prices for other contractual transfers and compensation for expropriation
When expropriated for private-owned apartments and rooms, a cash refund of the amount determined in accordance with Sections 2, 4 (1) and 5 shall be granted. The refund shall be granted to the former owner for the benefit of the expropriation.
Final provisions
The proceeds from the sale of flats already in use, 25% of the proceeds from the sale of flats not yet used or, where applicable, the refunds granted for the payment of the price (Section 3), are revenue from the budget of the relevant national committee; 75% of the proceeds from the sale of flats not yet used shall be made to the state budget of the Republic.
(1) In justified cases, the Ministry of Finance of the Czech Socialist Republic or the Ministry of Finance of the Slovak Socialist Republic may allow an exemption from the provisions of Sections 3 (2) and 9 (1) and (2).
(2) Under Paragraph 12 (1), the Czech Price Office or the Slovak Price Office may allow an exemption in the case of contractual transfers of non-privately owned dwellings and rooms between citizens and socialist organisations.
(3) Exemptions from the provisions of Paragraph 12 (2) may be authorised by the Ministry of Finance of the Czech Socialist Republic or by the Ministry of Finance of the Slovak Socialist Republic according to uniform principles agreed with the Federal Ministry of Finance.
The Order of the Ministry of Finance No 66 / 1966 Coll., on aid for the construction of private-owned dwellings and on the sale of national-property flats to citizens is hereby repealed.
This Decree shall take effect on 10 May 1978.
Minister of Finance of CSSR:
Lér, CSc.
Minister of Finance of the Czech Republic:
Ing. Stomach v. r.
Chairman of the Czech Price Office:
Ing. Habart v. r.
SSR Finance Minister:
Ing. Misheje v. r.
Chairman of the Slovak Price Office:
Doc. Ing. Zervan v. r.
1) § 57 of Act No. 41 / 1964 Coll., on the Management of Apartments.
8) Paragraph 18 (1) of Act No. 52 / 1966 Coll.
9) § 87 of Act No. 50 / 1976 Coll., on Territorial Planning and Construction Regulations.
10) Lending of state savings banks for more expensive repairs, exchanges of structures, construction modifications and in particular the modernisation of residential houses with privately owned apartments is regulated by Section 25 of Decree No. 160 / 1976 Coll., on financial and credit assistance of cooperative and individual housing construction.
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Regulation Information
| Citation | Decree of the Federal Ministry of Finance, the Ministry of Finance of the Czech Socialist Republic, the Ministry of Finance of the Slovak Socialist Republic, the Czech Price Office and the Slovak Price Office No. 47 / 1978 Coll., on the sale of flats from national property to citizens and on financial assistance in modernising purchased flats |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 06.05.1978 |
|---|---|
| Effective from | 10.05.1978 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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