Government Decree No. 496 / 2020 Coll.
Government Regulation on the conditions for the use of State Fund funds to support investment in the form of aid granted for the revitalisation of an old construction site (brownfields) for non-economic use
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Effective from 01.01.2021
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01.01.2021
02.12.2020
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496
GOVERNMENT REGULATION
of 23 November 2020
on the terms and conditions for the use of State Investment Support Fund funds in the form of aid granted for the revitalisation of the old construction site (brownfields) for non-economic use
The Government orders the implementation of Act No. 211 / 2000 Coll., on the State Fund for Investment Support, as amended by Act No. 391 / 2002 Coll., Act No. 482 / 2004 Coll., Act No. 61 / 2005 Coll., Act No. 179 / 2005 Coll., Act No. 71 / 2010 Coll., Act No. 239 / 2012 Coll., Act No. 276 / 2012 Coll., Act No. 111 / 2018 Coll., Act No. 307 / 2018 Coll. and Act No. 113 / 2020 Coll.:
Subject matter
This Regulation regulates the conditions for the use of the State Fund for Investment Support ("the Fund ') funds in the form of aid granted for the revitalisation of the old construction site (brownfields) intended primarily for non-economic use.
Definition of terms
(1) For the purposes of this Regulation:
(a) construction of construction according to the building law;
(b) installation of equipment under construction law, unless otherwise specified,
(c) the built-up area under the construction law, the calculation of which does not take into account the underground construction;
(d) an application for aid under this Regulation;
(e) an area with an old construction load (brownfield) of land or land and real estate on it, provided that:
1. the sum of the area under construction shall be at least 300 m2 or the proportion of the area under construction shall be at least 20% of the total area under construction; and
2. buildings which are part of the territory, with the exception of infrastructure, railways, waterways, fences, supporting walls and engineering networks, are not eligible to serve their original purpose and are not used at the date of application,
(f) civil equipment, a publicly accessible park, and the construction, installation or land intended for:
1. education, education or sport;
2. culture,
3. social purposes,
4. social services or family care,
5. the needs of an integrated rescue system component or the protection of the population; or
6. performance of public administration tasks,
(g) by revitalising the modification of the area with an old construction load for which aid is requested, including, at all times, the activities referred to in Article 3 (1) (a) and, where appropriate, the activities referred to in Article 3 (1) (b) to (g) which create civil equipment;
(h) by authorising the revitalisation of a decision or other act of a building office, a public contract or a notice of a building project with an authorised inspector certificate required for the purpose of the aid under the building law;
(i) aid for credit, subsidies or loan combinations and subsidies under this Regulation;
(j) the revitalised territory of the territory consisting of the land of the former territory with an old construction load, which has been revitalised using the aid, and the buildings and installations located therein, with the exception of underground buildings which have not been carried out in the context of revitalisation, partially removed, repaired, modified or otherwise modified, and the civil engineering networks;
(k) making economic use of the use to offer or supply goods or services on the market;
(l) a credit agreement under this Regulation or a grant agreement under this Regulation.
(2) An establishment situated in an area with an old construction load shall be considered to be part of it for the purposes of this Regulation if:
(a) is not fit to serve its original purpose;
(b) it is not used at the date of application; and
(c) it is to be removed, partially removed, repaired or otherwise modified in the context of revitalisation.
(3) Underground construction situated in an area with an old construction load shall not be considered as part of it for the purposes of this Regulation, unless:
(a) is not fit to serve its original purpose;
(b) it is not used at the date of application; and
(c) its removal, partial removal, repair, construction or other modification is to take place in the context of revitalisation.
Purpose of using the aid
(1) The aid may be applied to:
(a) removal, partial removal, repair, construction, extension or superstructure of a building which is part of an area with an old construction load and is not an underground construction, infrastructure, runway, waterway, fencing, supporting wall or engineering network;
(b) removal, partial removal, repair, construction or other modification of an underground structure which is part of an area with an old construction load;
(c) the removal, partial removal, repair or other modification of an installation forming part of an area with an old construction load;
(d) the implementation of the construction or installation in an area with an old construction load;
(e) landscaping or green treatment in an area with an old construction load;
(f) the removal or partial removal of infrastructure, railways, waterways, engineering networks, fences or supporting walls situated in an area with an old construction load; or
(g) the construction, placement or modification of an engineering network, purpose communication, pavement, public lighting, benches, trash baskets and other elements of the urban mobility, supporting walls or fences in an area with an old construction load.
(2) The aid may also be used for the purchase of an area with an old building load or part of it (hereinafter referred to as "the purchase of a territory '), if it is to be revitalised using aid.
Applicant for aid
The applicant for aid (hereinafter "the applicant ') may only be a territorial body.
Conditions for granting aid
(1) Aid may be granted to an applicant who:
(a) is the sole owner of an old construction site or the future sole owner of an old construction site, if the aid is also requested for the purchase of the territory;
(b) does not have a non-payment registered with the authorities of the Financial Administration of the Czech Republic and the authorities of the Customs Administration of the Czech Republic, with the exception of a non-payment, which is allowed to wait his payment or the distribution of his payment on repayments, he does not have a non-payment on insurance and periodic penalty payment on social security and a contribution to the state employment policy, except for a payment in instalments, and he is not late in repayment of payments;
(c) it has managed to ensure that the amount of its debts does not exceed 60% of the average of its revenue for the last 4 financial years on the balance sheet date; and
(d) is not the person against whom enforcement is sought.
(2) Aid may be granted subject to the following conditions:
(a) the purpose of the aid is to revitalise;
(b) the competent authority of the applicant has approved the investment plan for revitalisation ("the investment plan");
(c) a revitalisation permit exists where required;
(d) the applicant has demonstrated in the application an area of built-up area or a proportion of the area of built-up area referred to in Article 2 (1) (e) (1);
(e) the applicant has demonstrated in the application that the construction is incapacitated pursuant to § 2 (1) (e) (2) and, where appropriate, that the construction or equipment is incapacitated under § 2 (2) (a) or § 2 (3) (a);
(f) the revitalisation will only commence after the application has been lodged;
(g) where the aid is also to be used for the purchase of the territory, a purchase contract must be concluded with the object of the transfer of ownership to an old construction site or part thereof after the application has been lodged;
(h) at the date of application
1. the area with an old construction load or part of it is not the subject of an obligation to prevent the use of civil equipment to be revitalised; this condition does not apply in the case of a liability which ceases to exist in connection with the purchase of the territory,
2. neither the old building load nor the part thereof is bound by a material burden which would prevent the use of civil equipment to be revitalised; this condition does not apply in the case of material burdens which cease to exist in connection with the purchase of the territory,
3. neither the land with an old construction load nor any part of it is subject to the establishment of a building right which would prevent the use of civil equipment to be revitalised; this condition does not apply in the case of the right of construction which ceases to exist in connection with the purchase of the territory,
4. the enforcement of a judgment by a court or public authority has not been ordered by the sale or administration of a territory with an old building load or part of it, nor has the enforcement order for the sale or administration of an old building load or part of it issued by a court or tax administrator;
5. the right of ownership to an area with an old construction load or part of it is not transferred to secure the debt; and
6. neither the land with an old construction load nor any part of it is subject to lien, except for the lien for the benefit of the Fund; this condition does not apply in the case of a lien which ceases to exist in connection with the purchase of the territory,
(i) the beneficiary of the aid will be the sole owner of the old construction site until the revitalisation has been completed,
1. from the date of application; or
2. from the date of transfer of ownership to the land with an old construction burden on the beneficiary in the case of the use of the aid for the purchase of the territory;
(j) within the period referred to in point (i), neither the area with an old construction load nor part thereof shall be subject to lien without the consent of the Fund;
(k) the case to which the aid is to be used shall not be subject at the time referred to in (i) to the reservation of separate ownership of machinery or other fixed installations under the Civil Code;
(l) the land which is part of an old construction site and which is to be part of or is to be located on the date of completion of the revitalisation of the construction on which the aid under this Regulation has been used is not in the flood area, or such a building will be insurer against flood and flood and water law office for the implementation of such construction, modification of the completed construction or maintenance work has given consent or consent, if required;
(m) the construction which is not to be removed under the investment plan and to which the aid under this Regulation is to be used shall be insured against natural disasters until the completion of the revitalisation at the latest from the date of conclusion of the first aid contract and, if the construction is located in the flood area, also in case of flooding or flooding,
(n) the construction carried out in order to create civil equipment for revitalisation must be insured mutatis mutandis in accordance with point (m) at the latest from the start of the works until the completion of the revitalisation;
(o) the insurance referred to in points (m) and (n) shall be arranged in such a way that, in the event of an insurance claim, the damage incurred covers at least the amount of the aid granted and is paid up to the amount of the aid granted to the Fund;
(p) if the area with an old construction load is situated in the underpowered territory, the applicant shall demonstrate the suitability of the proposed technical solutions and procedures to be used for revitalisation;
(q) within 5 years of the date of conclusion of the last aid contract, the revitalisation will be completed;
(r) within six years of the date of conclusion of the last aid contract, non-economic exploitation of the civil equipment resulting from the revitalisation shall commence;
(s) in the context of the revitalisation, the removal or repair of all buildings which are part of an old construction site and are not fit to serve their original purpose and are not used at the date of application; and
(t) the loan is and will be adequately secured throughout its repayment period, at least up to its outstanding amount.
Request
(1) The application contains:
(a) the name, address and identification number of the applicant's person and identification of the persons;
1. acting on its behalf, indicating whether they act as its competent authority or on the basis of a power of attorney;
2. in which the applicant has a holding and the amount of that holding;
(b) proof of the applicant's right of ownership to an area with an old construction burden, unless the right of ownership cannot be verified by remote access in the property register or by a contract for a future purchase contract, provided that the aid is also used to purchase the territory;
(c) a document proving the area of the built-up area or the proportion of the area of the built-up area referred to in Article 2 (1) (e) (1);
(d) an expert opinion demonstrating the ineligibility of a construction or installation pursuant to § 2 (1) (e) (2), § 2 (2) (a) or § 2 (3) (a) which is not more than 1 year old at the date of application;
(e) the affidavit of the applicant for non-use of the construction or installation referred to in Articles 2 (1) (e) (2), 2 (2) (b) or 2 (3) (b),
(f) an investment project with the requirements of Article 7;
(g) proof of approval of the investment project by the competent authority of the applicant;
(h) an indication of the purpose of the aid pursuant to Article 3;
(i) the project documentation of the revitalisation required under the Construction Act for the issue of a building permit or for the declaration, and if any of the activities under the Construction Act are not subject to any of the activities in the framework of the revitalisation of the building permit or declaration, the plan of the technological procedure for the implementation of this activity and the related situation drawing;
(j) the opinion of an engineering geologist who is not more than 6 months old on the date on which the application is submitted, together with a documentation of the construction work which is in line with the technical solution proposed by him and demonstrates its suitability, if the area with an old construction load is situated in the underpowered territory;
(k) the period during which the territory is to be purchased and the resulting transfer of ownership rights to the applicant if the aid is to be used for the purchase of the territory;
(l) the period during which the revitalisation is to be completed and the period during which the use of the civil equipment to be revitalised is to begin;
(m) the amount and form of aid required;
(n) authorisation for revitalisation, if required;
(o) consent or consent of the water authority pursuant to Article 5 (2) (l), if necessary for revitalisation;
(p) proof of insurance of the construction according to § 5 (2) (m), (n) and (o);
(q) identification of the call on the basis of which the application is submitted; and
(r) an affidavit by the applicant that he has managed so that the amount of his debts did not exceed 60% of the average of his income over the last 4 financial years on the balance sheet date.
(2) The Fund shall be entitled to require the applicant to submit further supporting documents where this is necessary to verify the facts established in the framework of the mandatory elements of the application referred to in paragraph 1 or where this is necessary to verify the adequacy of the credit guarantee.
The requirements of the investment project
(1) The investment plan shall include:
(a) a description of the civil equipment to be revitalized;
(b) a description of the area with an old construction load, a description of the location of the buildings and facilities on it and a timetable for the implementation of the revitalisation;
(c) a description of the technical condition of the buildings and installations to be revitalized;
(d) the item budget for the revitalisation, including the items relating to the creation of civil equipment, and the expected timetable for the removal of the construction or part of it, the execution of the construction, repair of the construction, addition, superstructure or modification of the construction;
(e) the total estimated costs, the justification for their amount and the method of financing the revitalisation, including the amount required and the form of aid;
(f) a description of the planned use of the individual buildings and installations created, modified or repaired during the revitalisation and planned use of the non-installed land covered by the revitalisation; and
(g) a description of the planned financing of the use of the construction, installation and non-established territory referred to in (f).
(2) If the aid is also to be used for the purchase of the territory, the investment project must also include:
(a) that the applicant does not own an old construction site or part thereof and that the aid should also be used for the purchase of the territory;
(b) the budget for the purchase of the territory;
(c) the total estimated cost of the purchase of the territory, the justification for its amount and the method of financing the purchase of the territory, including the amount required and the form of aid; and
(d) an expert opinion which is not more than 6 months old on the date on which the application is submitted and which establishes the normal price of the area with an old construction load or part thereof to be purchased by the applicant.
Aid
(1) The Fund shall submit to the applicant a proposal for the conclusion of an aid contract if the conditions for granting it are met and if the Fund has the funds to provide it.
(2) The Fund will grant aid if the grant contract is concluded no later than 2 months after the date of receipt of the application for closure. If this is not done on the part of the applicant, the Fund shall not grant aid.
Amount of aid
(1) The amount of the aid shall be at least CZK 400,000 and not more than CZK 50,000.
(2) The amount of the subsidy shall not exceed:
(a) 30% of the total cost of the revitalisation or, where appropriate, revitalisation and purchase of the territory where the applicant is the region or capital city of Prague or where the area with an old construction load is situated in the territory referred to in Part A of the Annex to this Regulation;
(b) 40% of the total cost of the revitalisation or, where applicable, revitalisation and purchase of the territory, where the area is situated with an old construction load on the territory referred to in Part B of the Annex to this Regulation; or
(c) 50% of the total costs of revitalisation and, where appropriate, revitalisation and purchase of the territory, where the area is situated with an old construction load on the territory referred to in Part C of the Annex to this Regulation.
(3) The amount of the loan amounts to a maximum of 40% of the total cost of revitalisation and, where appropriate, revitalisation and purchase of the territory. The loan is granted without interest.
(4) At least 10% of the total cost of the revitalisation or, where appropriate, revitalisation and purchase of the territory will be paid by the beneficiary from his own resources. Other costs which will not be covered by the aid may also be covered by other public budgets.
(5) Revitalisation cannot be co-financed by funds provided from a programme financed by the European Union.
Drawing on the aid
(1) The aid may be used only for eligible costs, which are costs not exceeding the amount indicated in the investment project used pursuant to § 3 (1) and (2) for the purchase of land or revitalisation and related
(a) technical supervision of the builder,
(b) the author's supervision of the designer,
(c) ensuring compliance with the obligations for the protection of life, health, environment and safety of work arising from other legislation, with the exception of the cost of remediation of environmental burdens;
(d) preparation and implementation of procurement and selection procedures; and
(e) value added tax, except for the part of the tax for which the recipient of the aid is entitled to deduct input tax under the Value Added Tax Act.
(2) If the purchase price of an area with an old construction load or part of it exceeds the normal price determined by the expert opinion pursuant to Article 7 (2) (d), the eligible cost for the purchase of the territory shall be only the amount of the normal price thus determined. The costs of value added tax referred to in paragraph 1 shall be: (e) related to the purchase of the territory, in such a case, the eligible costs are only equal to what the value added tax would have achieved if the purchase price of the area with an old construction load was equal to the normal price thus established.
(3) The beneficiary is obliged to provide proof of the eligible costs.
Payment of credit
(1) The repayment period may be agreed for a maximum of 10 years from the date of entry into force of the credit agreement.
(2) The beneficiary of the loan pays the loan in regular monthly amounts set at the same amount.
(3) The beneficiary of the loan shall have the right to repay the loan in whole or in part at any time during the duration of the credit agreement.
Additional conditions for the application of the aid
(1) Civil equipment resulting from revitalisation must be used in accordance with its planned use in accordance with Paragraph 7 (1) (f), other than economically, with the exception of § 13 (1) and (2), for at least 10 years after the last civil equipment resulting from revitalisation has been put into service or until the repayment of the loan is made later. During this period, the civil equipment must be operated exclusively by the beneficiary of the aid, the Czech Republic or by a contributory organisation or a school legal person or component of an integrated rescue system.
(2) For a period of 10 years from the date of entry into service of the last civil equipment resulting from the revitalisation or until the repayment of the loan, if later, the beneficiary of the aid shall not transfer the right of ownership to the revitalised territory or part thereof to another person.
(3) For the period referred to in paragraph 2, the beneficiary of the aid shall not burden the revitalised territory or part thereof by lien, with the exception of the lien for the benefit of the Fund.
(4) The insurance referred to in Article 5 (2) (m) and (n) must last until the end of the period referred to in paragraph 2 or until the repayment of the loan is paid up later and must be arranged to cover, in the event of an insurance claim, at least the amount of the aid received and paid to the Fund.
(5) Where an area with an old construction load is situated in a subdolled territory, the beneficiary of the aid shall proceed in accordance with the opinion of an engineering geologist in accordance with Article 6 (1) (j).
Economic use of the revised territory
(1) The economic use of civil equipment, which does not constitute the usual background of civil equipment resulting from revitalisation, is possible if such economic use is not possible.
(a) inextricably linked to, or necessary for, non-economic exploitation of, civil equipment; and
(b) in relation to non-economic use of civil equipment, only secondary, the share of such economic use in the total annual capacity of civil equipment shall not exceed 20%.
(2) The economic exploitation of the revitalised territory, consisting of ensuring the normal background of civil equipment, is possible if:
(a) its share shall not exceed 10% of the capacity of the revised territory; and
(b) the beneficiary shall ensure that, for the period referred to in Article 12 (2), such economic exploitation does not affect trade between Member States of the European Union pursuant to Article 107 of the Treaty on the Functioning of the European Union.
(3) The economic exploitation of the revised territory other than those referred to in paragraphs 1 and 2 is not possible.
(4) The economic exploitation of the revised territory must be carried out under normal market conditions for the period referred to in Article 12 (2).
(5) For the purposes of determining whether the economic use exceeds the permitted proportion of the total annual capacity of civil equipment or of the revitalised territory, a spatial or time-limited share of the capacity of civil equipment or of the revitalised territory shall be used, as appropriate. The spatial definition of the share shall apply where the area for economic use from other areas is clearly and permanently separated.
(6) Costs incurred for the economic exploitation of the revised territory in breach of paragraphs 1 to 3 shall be considered ineligible.
Contract fine
(1) A contractual fine must be agreed in the contract granting the aid, in the event that the recipient of the aid is obliged to pay:
(a) be late for payment of at least two monthly instalments of credit under this Regulation;
(b) any of the conditions laid down in Article 5 (2) (c), (f), (i) to (k), (m) to (p), (r) to (t), (12) or (13) (1) to (4) have been infringed; or
(c) provide inaccurate, incomplete or false information in the application.
(2) The arrangement of the amount of the fine in the grant contract shall take into account:
(a) the amount of aid requested for the part of the investment project concerned by the infringement;
(b) the seriousness of the infringement by the beneficiary;
(c) the number of inhabitants of the beneficiary; and
(d) inflation rates.
(3) Where a credit agreement has been concluded and a grant agreement has been concluded, contractual fines may be applied for on the basis of only one of them for each infringement of the recipient's obligation.
Efficacy
This Regulation shall enter into force on 1 January 2021.
Prime Minister:
Ing. Babiš v. r.
Minister for Local Development:
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Regulation Information
| Citation | Government Decree No. 496 / 2020 Coll., on the terms and conditions of use of the State Fund's funds to support investment in the form of aid granted for the revitalisation of an old construction site (brownfields) for non-economic use |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 02.12.2020 |
|---|---|
| Effective from | 01.01.2021 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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