Government Decree No. 59 / 2004 Coll.
Government Regulation amending Government Regulation No 396 / 2001 Coll., on the use of the resources of the State Housing Development Fund for the repair and modernisation of flats, as amended by Government Regulation No 397 / 2002 Coll.
Valid
Effective from 13.02.2004
59
GOVERNMENT REGULATION
of 14 January 2004
amending Government Regulation No 396 / 2001 Coll., on the use of the resources of the State Housing Development Fund for the repair and modernisation of flats, as amended by Government Regulation No 397 / 2002 Coll.
The Government orders pursuant to § 9 of Act No. 211 / 2000 Coll., on the State Housing Development Fund and amending 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 by Act No. 391 / 2002 Coll., to implement § 3 (1) (a) and (c) of this Act:
Government Regulation No 396 / 2001 Coll., on the use of the resources of the State Housing Development Fund for the repair and modernisation of flats, as amended by Government Regulation No 397 / 2002 Coll., is amended as follows:
1. In Section 1, the words "and subsidies' shall be inserted after the word" loans'.
2. in Paragraph 2 (1) (b), the words "(hereinafter referred to as" the money fund ")" shall be replaced by "(hereinafter referred to as" the credit fund ")."
3. in § 2 (1) (c) and (d), § 2 (2) (b) and (c), the title of § 3, § 3 of the introductory part of the provision of paragraph 1, § 3 of the introductory part of the provision of paragraph 2, § 3 (2) (b) and (c), and in § 3 (3) and (4), the word "cash" shall be replaced by "credit."
4. the following Sections 4a to 4d are inserted after Section 4, including the headings and footnotes No 1a to 1g:
Conditions for granting and using the subsidy
(1) A subsidy from the Fund may be granted to a municipality if the municipality:
(a) submit, under the terms of the "Programme, the grant of subsidies to municipal flood funds for repairs to the housing fund damaged by floods in 2002" (hereinafter referred to as "the programme"), a written request for a subsidy which, according to the Ministry of Regional Development's findings, fulfils the conditions of the scheme but has not been paid,
(b) is situated in the territory for which a crisis has been declared, 1a) and houses have been damaged as a result of floods in 2002;
(c) has a money fund, (1) the funds of which are held in a special account in a bank and are intended only to cover part of the costs associated with the repair of buildings for housing (1b) (hereinafter referred to as "the building"), or apartments owned under special legislation (1c) (hereinafter referred to as "the house"), damaged by floods in 2002 (hereinafter referred to as "the flood fund"),
(d) lay down rules on the provision of contributions to owners of buildings, properties and common parts of houses damaged by floods in 2002 (hereinafter referred to as the "contribution"), containing at least the conditions set out in § 4b and the procedure by which a proportional reduction of the funds granted to individual owners is made if the municipality receives less than the amount of the subsidy requested;
e) has no payable liabilities in relation to the state budget, state funds, health insurance company or the Czech Social Security Administration.
(2) The municipality may use the grant provided that the rules for granting contributions laid down in paragraph 1 (d) are complied with.
Rules for the use of flood fund funds
(1) The resources of the flood fund may only be used for contributions to owners of buildings, apartments owned or shared parts of houses which have served and will, after repair, serve for permanent housing, repair of defects or defects in construction, apartment owned or common parts of the house resulting from floods in 2002, if the municipality's representative so decides. Damage to floods includes landslides due to excessive rainfall in 2002.
(2) Repair of buildings, apartments owned or shared parts of a house damaged by floods in 2002 means the introduction of a building, an apartment owned or a common part of the house into a previous or operational state. The repair is not work which is of an investment nature or which leads to technical evaluation of the construction. 1d)
(3) The contributions from the flood fund may be used only for the repair of foundations, vertical and horizontal supporting structures, staircases, perimeter coverings and roofs, including external and internal plastering, windows, doors and floor structures, including land-based surfaces forming integral parts of vertical and horizontal supporting structures, as well as for the repair of technical equipment of buildings such as electrical installations, water pipes, sewerage, gas and heating system. Contributions may not be used for minor repairs by the tenant of the apartment. (e)
(4) The allowance may be granted to the owner up to 70% of the total cost of repairing the building, apartment owned or shared parts of the house, but not more than
a) CZK 200,000 per building or common part of the house, if there are not more than 3 flats,
b) 500 000 CZK per building or common part of the house, if there are no more than 8 flats,
c) 700 000 CZK per building or common part of the house, if there are more than 8 flats.
(5) For the purposes of this Regulation, total costs are the costs actually incurred for the corrections covered by the application for a contribution and meet the conditions of this Regulation.
(6) The grant is subject to the total cost of repairing the building, apartment owned or shared parts of the house in excess of CZK 71 500.
(7) In the event that repairs are carried out by self-help, only construction material and transport on the basis of proven expenditure and work on the basis of an expert's opinion may be covered by the flood fund in the form of a contribution, with the expert's opinion confirming the date of completion of the repair.
(8) The repair of the building, apartment owned or shared parts of the house must be carried out by 30 June 2004 at the latest. Implementation of the correction shall mean:
(a) the date of acquisition of the legal power of the approval decision, 1f) where the work carried out in connection with the repair required a building permit;
(b) in other cases, the date of completion of the correction indicated in the expert's opinion in the case of self-help work, or a record of receipt of the correction by the owner.
(9) Other public funds shall not be used for the same correction to which contributions under this Regulation have been used. This condition does not apply to houses owned by the municipality. For the purposes of this Regulation, State aid under the Act governing construction savings shall not be regarded as public funds. 1g)
(10) In the case of repair of common parts of houses or dwellings owned, only one natural or legal person may benefit from the allowance.
Procedure for granting grants to municipalities and contributions to owners
(1) The Fund grants a subsidy to the municipality if the municipality demonstrates that it fulfils the conditions set out in § 4a.
(2) An appropriate advance payment may be granted to the owner on request from the flood fund.
(3) The municipality shall ensure that accounting records are kept by individual beneficiaries of contributions or advances.
The Fund Committee may, in cases of special consideration, on the basis of a written, reasoned and substantiated request from the municipality, grant an exemption concerning the period for making the correction laid down by the municipality in the rules for granting contributions in accordance with Article 4b (8).
1a) Act No. 240 / 2000 Coll., on crisis management and amending certain laws (Crisis Act), as amended by Act No. 320 / 2002 Coll.
1b) § 3 (b) and (c) of Decree No. 137 / 1998 Coll., on general technical requirements for construction.
1c) Act No. 72 / 1994 Coll., which regulates certain joint ownership relations with buildings and certain ownership relations with apartments and non-residential premises and complements some laws (the Housing Act), as amended.
1d) § 33 of Act No. 586 / 1992 Coll., on Income Tax, as amended.
1e) Government Decree No. 258 / 1995 Coll., implementing the Civil Code.
1f) Act No. 50 / 1976 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended.
1g) Act No. 96 / 1993 Coll., on Construction Savings and State Support of Construction Savings and on Addition of the Act of the Czech National Council No. 586 / 1992 Coll., on Income Taxes, as amended by the Act of the Czech National Council No. 35 / 1993 Coll., as amended by Act No. 83 / 1995 Coll. '
Transitional provisions
Within 30 days of the date of entry into force of this Regulation, the Ministry of Regional Development shall forward to the Fund all requests for subsidies submitted under the terms of the "Programme for the grant of subsidies to the flood funds of municipalities for repairs to the housing fund damaged by floods in 2002 'which, according to its findings, met the conditions of the scheme and were not paid on the date of entry into force of this Regulation.
This Regulation shall enter into force on the day of its publication.
Prime Minister:
PhDr. Špidla v. r.
Minister for Local Development:
JUDr.
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Regulation Information
| Citation | Government Regulation No. 59 / 2004 Coll., amending Government Regulation No. 396 / 2001 Coll., on the use of the resources of the State Housing Development Fund for the repair and modernisation of flats, as amended by Government Regulation No. 397 / 2002 Coll. |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 13.02.2004 |
|---|---|
| Effective from | 13.02.2004 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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