Government Decree No. 481 / 2000 Coll.
Government regulation on the use of State Housing Development Funds in the form of grants to cover part of the costs of building flats
Valid
Regulation
Effective from 29.12.2000
481
GOVERNMENT REGULATION
of 4 December 2000
on the use of the resources of the State Housing Development Fund in the form of grants to cover part of the costs associated with the construction of flats
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 authorities of the Czech Republic in the case of transfers of state property to other persons and on the National Property Fund of the Czech Republic, as amended, to implement § 3 (1) (c) of this Act:
Subject matter
This Regulation regulates the scope and conditions of the grant to municipalities of the State Housing Development Fund (hereinafter referred to as "the Fund ') to support the construction of rental apartments.
Definition of terms
This Regulation shall mean:
(a) a rental apartment intended to satisfy citizens' housing needs by renting an apartment, including a special destination apartment (1) and an apartment in a special destination house (2) if these apartments are in a housing building which is a residential building, in which housing functions prevail, with the exception of a housing building which, by its construction arrangement, complies with the requirement for family housing, in which more than half of the floor area of rooms and spaces are intended for living and has a maximum of 3 separate apartments, no more than 2 above-ground and 1 underground floors and attic, 3)
(b) special purpose apartment specially adapted for accommodation for disabled persons, 1)
c) apartment in house special destination apartment in house with care service or in house with complex facilities for disabled citizens, 2)
(d) construction
1. construction of an apartment building with rental apartments [point (a)],
2. a change in the construction which will result in a new rental apartment from areas which are not eligible for housing, where such premises have never been an apartment, or from premises serving purposes other than housing; or
3. superstructure, soil structure or extension if it has a new rental apartment.
Conditions for obtaining the subsidy
(1) The subsidy may be granted to the municipality in whose territory the construction of rental apartments owned or co-owned by the municipality is carried out, provided that the following conditions are met:
(a) the municipality has an approved territorial plan. The land on which the construction will be carried out is owned or co-owned by the municipality. If the construction is carried out by a change in the construction, superstructure, soil installation or annex, the building must be owned or co-owned by the municipality,
(b) the contractor of the building will be selected in accordance with public procurement law;
(c) rental of rental apartments purchased with a subsidy shall not be fixed for a period of 20 years from the final decision on the approval of the building (hereinafter referred to as the "approval") of a higher than the subject-matter-adjusted rent under the special legislation;
(d) the municipality shall not transfer ownership of the building or apartment or non-residential space under the Housing Act (4) to another person for a period of 20 years, nor shall it transfer a co-ownership interest;
(e) for a period of 20 years from the approval, no change in the use of the rental apartment for purposes other than housing shall be made and during that period the rental apartment shall be used by the right of rent;
(f) if there is a building with 15 or more rental apartments, at least 5% of the rental apartments, and at least 1 rental apartment, shall comply with the requirements laid down in the specific legislation laying down general technical conditions for the use of the buildings by persons with reduced mobility and orientation5); If the Minister for Local Development agrees to this on the basis of a written and reasoned request from the municipality, 100 or more flats under one investment project may be located in individual buildings unevenly, provided that the proportion of these flats in the total number of all buildings built by municipalities with subsidies under this Regulation is at least 5%, and where at least 1 such apartment is located in each building, the proportion of such flats in each building does not exceed one third of the number of all apartments in the building,
(g) the decision on the approval will become final within three years of the date of the grant;
(h) the grant is requested for the construction of rental apartments, which will start at the latest until the end of 2002, if the grant application has been submitted to the Ministry of Local Development under the Rentals and Technical Infrastructure Promotion Programme or under the Rentals Support Programme with a care service and if the application thus submitted has not been granted.
(2) At least 10 years after the approval, the municipality may request the Fund to amend the grant contract in writing. The Fund shall conclude an agreement with the Municipality amending the contract according to which the Municipality will no longer be bound by the terms of the grant referred to in paragraph 1 (b). (c) to (e) only if it is established that the period specified in the first sentence has elapsed. At the request of the Fund, the municipality shall document a copy of the grant contract.
(3) Paragraph 2 shall not apply where the grant has been granted for the construction of a nursing home.
Amount of subsidy
(1) The subsidy may be granted up to 50% of the total cost of building an apartment, up to a maximum of
(a) CZK 320 000 per flat, unless otherwise specified in points (b) to (e),
b) 370 000 CZK per apartment created by the reconstruction of the former military object,
(c) 400 000 CZK, where the construction of an apartment in an uninvested area, where technical infrastructure must be built at the same time,
d) 500 000 CZK per special destination apartment, 1)
e) 700 000 CZK per apartment in the house of special destination.2)
(2) In the case of a special purpose apartment, an apartment in a special purpose house and an apartment resulting from the reconstruction of a former military building, the grant may amount to more than 50% of the cost of its construction, in accordance with paragraph 1 (b), (d) and (e).
Procedure for granting the subsidy
(1) The subsidy may be granted to the municipality following a written request from the Fund.
(2) The municipality attaches to the written application
(a) if new construction takes place, an indication of the approved territorial plan of the municipality or the territorial planning basis replacing it;
(b) final building permit;
(c) an extract from the property register of ownership of the land on which construction is to be carried out;
(d) a statement by the municipality that, at the date of submission of the application for the subsidy, it has no commitments beyond its maturity in relation to the State budget and the State Funds;
(e) an extract from the property register of ownership of the building, if the construction is carried out by a change in the construction, superstructure, soil building or annex;
(f) the contract for the association, where two or more investors carry out the construction in cooperation with each other.
The grant provided for in this Regulation shall be in accordance with a special law governing the procedure for assessing the compatibility of public aid with the obligations arising from the Europe Agreement establishing an association between the Czech Republic, of the one part, and the European Communities and their Member States, of the other part. 6)
Control and penalties
Specific legislation shall apply in order to check compliance with the conditions for drawing a subsidy under this Regulation and the application of penalties for unauthorised use or retention. 7)
Transitional provisions
(1) For the purposes laid down in this Regulation, a subsidy may also be granted for the construction of rental apartments which started after 1 January 2003, provided that:
(a) the application has been submitted to the Ministry of Local Development under the Rentals and Technical Infrastructure Support Programme or under the Rentals Support Programme with a care service by 31 December 2002 at the latest;
(b) the Fund has decided to grant the subsidy on the basis of a request submitted under (a) by 31 December 2003 at the latest;
(c) the rent on the rental apartment for which the subsidy was granted is not higher than the product of the purchase price of the flat and the monthly coefficient of 0,00333; the rent thus determined may be adjusted by the municipality on 1 July each year, but not earlier than 12 months, by the inflation rate expressed as an increase in the average index of consumer prices for the 12 months of the last calendar year against the average of 12 months of the preceding calendar year and published by the Czech Statistical Office; the purchase price of the apartment is the price determined in accordance with the special legislation, 8)
(d) the municipality applying for the subsidy also fulfils the other conditions laid down in this Regulation, with the exception of the condition laid down in § 3 (h) concerning the start of construction.
(2) Under the conditions laid down in paragraph 1 (b), (c) and (d), a subsidy may be granted for the construction of housing in nursing homes to a municipality affected by floods in 2002, provided that the application was lodged with the Fund by 31 December 2002 at the latest.
This Regulation shall enter into force on the day of its publication.
Prime Minister:
Ing. Zeman v. r.
Minister for Local Development:
Ing. Lachnit, CSc.
1) Article 9 of Act No. 102 / 1992 Coll., which regulates certain issues related to the publication of Act No. 509 / 1991 Coll., amending, supplementing and adapting the Civil Code.
2) § 10 of Act No. 102 / 1992 Coll.
3) § 3 (c) of Decree No. 137 / 1998 Coll., on general technical requirements for construction.
4) Act No. 72 / 1994 Coll., which regulates certain co-ownership relations with buildings and ownership relations with apartments and non-residential premises and complements certain laws (the Housing Act), as amended.
5) Decree No. 174 / 1994 Coll., laying down general technical conditions for the use of buildings by persons with reduced mobility.
6) Act No. 59 / 2000 Coll., on Public Aid.
7) § 30 of Act No. 576 / 1990 Coll., on Rules of Management of Budget Resources of the Czech Republic and Municipality in the Czech Republic (Budget Rules of the Republic).
8) Paragraph 2 (3) (a) of Act No 151 / 1997 Coll., on the valuation of assets and on the amendment of certain laws (Law on the valuation of assets).
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Regulation Information
| Citation | Government Decree No. 481 / 2000 Coll., on the use of the resources of the State Housing Development Fund in the form of a grant to cover part of the costs associated with the construction of flats |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.12.2000 |
|---|---|
| Effective from | 29.12.2000 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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