Act No. 67 / 1956 Coll.
Housing Management Act
Valid
Effective from 01.01.1957
Contents
§ 1.
ČÁST PRVNÍ.
§ 2.
ČÁST DRUHÁ.
ODDÍL 1.
Článek 1.
§ 3.
§ 4.
§ 5.
§ 6.
§ 7.
§ 8.
Článek 2.
§ 9.
§ 10.
§ 11.
§ 12.
§ 13.
§ 14.
Článek 3.
§ 15.
ODDÍL 2.
§ 16.
§ 17.
§ 18.
§ 19.
§ 20.
§ 21.
§ 22.
§ 23.
§ 24.
§ 25.
§ 26.
§ 27.
§ 28.
§ 29.
§ 30.
§ 31.
ODDÍL 3.
§ 32.
§ 33.
§ 34.
§ 35.
§ 36.
§ 37.
§ 38.
§ 39.
ODDÍL 4.
§ 40.
§ 41.
ODDÍL 5.
Článek 1.
§ 42.
§ 43.
§ 44.
§ 45.
§ 46.
§ 47.
§ 48.
Článek 2.
§ 49.
§ 50.
§ 51.
§ 52.
§ 53.
§ 54.
§ 55.
§ 55a.
§ 56.
§ 57.
§ 58.
ODDÍL 6.
§ 59.
§ 60.
§ 61.
§ 62.
§ 63.
§ 64.
ODDÍL 7.
§ 65.
ČÁST TŘETÍ.
§ 66.
§ 67.
§ 68.
ČÁST ČTVRTÁ.
§ 69.
§ 70.
ČÁST PÁTÁ.
§ 71.
§ 72.
§ 73.
§ 74.
§ 75.
§ 76.
§ 77.
§ 78.
§ 79.
§ 80.
§ 81.
§ 82.
§ 83.
§ 84.
§ 85.
§ 86.
§ 87.
§ 88.
§ 89.
§ 90.
§ 91.
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67.
Law
of 20 December 1956
on housing management.
The National Assembly of the Czechoslovak Republic decided on the following Act:
(1) Healthy housing is one of the living conditions of each individual and thus a fundamental component of the living standards of the urban and rural population. The state is also taking care of raising the level of the population on this section and ensuring that the apartments are properly managed.
(2) The tasks associated with this are primarily provided by local national committees, which have the best option to manage flats on the basis of an assessment of local conditions and knowledge of the circumstances of each individual citizen, taking into account the development of the national economy. In carrying out these tasks, the National Committees shall create the conditions for workers and social organisations, in particular the Revolutionary Trade Union Movement, to participate as much as possible in the implementation of housing policy, while fully implementing the citizens' initiative and activity.
OVERVIEW OF THE HOUSE.
Reporting duty.
(1) Home owners and users of flats are obliged to report to the Executive Authority of the National Committee the facts needed to manage the flats under this law; they shall also be required to provide the Executive Authority of the National Committee with the necessary explanations.
(2) The facts relating to military flats are also reported to the Chief of Staff ("Chief").
DEPARTMENT OF THE HOUSE AREA.
LIST AND ORDERS.
List of applicants.
Local lists.
(1) The executive body of the local national committee shall keep in each municipality a list of persons who do not have their own apartment or reside in their own apartment, which is disabled or unfit or who have to vacate, since the owner of the house has an enforceable title against them for their removal and are applying for an apartment in the municipality (hereinafter referred to as "tenderers").
(2) In municipalities with more than 5,000 inhabitants or head offices of the District National Committee or designated by the Council of the District National Committee, the Executive Authority of the Local National Committee will only register candidates who do not have their own apartments in the municipality if they work permanently in the municipality.
List of employees of organisations.
Budget, economic and other Socialist sector organisations (hereinafter referred to as "organisations') which have company apartments (Section 77 (1)) shall keep for each municipality in which these apartments are located lists of applicants who are their employees and who work permanently in the municipality.
Lists of professional soldiers and members of the Ministry of Interior.
(1) Chiefs shall keep for each municipality in which there are military apartments, a list of candidates who are professional soldiers or civil servants of the military administration and who are serving or who are permanently in the municipality.
(2) The Regional Administration of the Ministry of the Interior and other bodies of the Ministry of the Interior, established by them (hereinafter referred to as the "Regional Administration"), maintains for each municipality in which the Interior Ministry's apartments are located a list of applicants who are members of the armed part of the Ministry of the Interior (hereinafter referred to as "members of the Ministry of the Interior") and carry out a service in the municipality.
Cooperative lists.
(1) People's housing cooperatives ("cooperatives") maintain for each municipality in which they have their cooperative apartments a list of applicants who are members of the cooperative.
(2) In the municipalities referred to in § 3 (2), the cooperative will only register candidates who do not have their own flat in the municipality if they are members of the cooperative and work permanently in the municipality.
(3) Specific rules apply to construction housing cooperatives and flats in their homes. *)
Common provisions on lists.
Candidates who live in a village in their own apartment, which must be cleared out because the owner of the house has an executive title against them to clear it, shall also be entered on the list at the request of the enforcer.
(1) The applicant can only be entered in a single list in the municipality.
(2) If the tenderers are married, only one of them shall be entered in the list.
Organizers.
Local waiting lists.
(1) In the municipalities referred to in § 3 (2) and in other municipalities where more than 50 candidates are included in the local list, the management authority of the local national committee shall keep a special waiting list in addition to that list.
(2) The Executive Authority of the Local National Committee shall enter on the local list a candidate on the local list who, depending on the urgency of the housing needs and taking into account the importance of his work, shall be considered for the assignment of the apartment within the next period of time and shall determine the ranking for each candidate on the list, according to the same facts.
(3) If, during the period on which the order is drawn up, housing is also allocated to workers of the necessary services (Section 82 (2)), the local national committee shall enter in a special group the local list of candidates whose stay in the municipality is strictly necessary for the provision of public services, in such order as to reflect the importance of their work and their housing needs.
Candidates on the local list who have not been entered on the local list may submit a breakdown to the management authority of the local national committee, decided upon within 30 days. However, no appeal can be made from the decision by the executive body of the local national committee to determine the ranking of candidates on the list.
Organisations, professional soldiers, members of the Ministry of the Interior and Cooperatives.
If more than 50 candidates are registered in the list of staff of the organisation, in the list of professional soldiers, in the list of members of the Ministry of the Interior or in the list of cooperatives, the organisation, chief, regional administration or cooperative shall be kept by a special waiting list.
(1) The organisation shall enter in the list list of candidates' staff in agreement with the Trade Union Racing Committee (Section 4) who, depending on the importance of their work and taking into account the urgency of the housing needs, shall be considered for the assignment of the apartment within the next period of time and shall determine the order for each candidate entered in the list.
(2) Under similar conditions, the Chief or Regional Administration shall enter a candidate on the waiting list of the professional soldiers or on the waiting list of the members of the Ministry of the Interior listed (§ 5 (1) or (2)) and shall determine the ranking of the candidate for each candidate on the waiting list according to the same facts.
(3) The cooperative shall enter in the list list list of cooperative candidates (§ 6) who, depending on the urgency of the housing needs and taking into account the importance of their work, shall be considered in the next period of time for the allocation of the apartment and shall determine the order of the applicant for each candidate on the list.
Approval of waiting lists.
(1) Candidates entered on the list of employees of the organisation or on the list of cooperatives may only be allocated a business or cooperative apartment if the management body of the local national committee has approved the list.
(2) The management authority of the local national committee shall decide on the application of the organisation or cooperative for the approval of the waiting list within 30 days of the submission of the waiting list. If it does not decide within this period, the waiting list shall be deemed to have been approved.
(3) Only organisations or cooperatives may appeal from the decision of the Executive Authority of the Local National Committee on a request for approval of a waiting list.
General provisions on waiting lists.
Where waiting lists are mentioned in this Act, this is understood to be the case where the management body of the local national committee, organisation, chief, regional administration or cooperative are not required to keep a waiting list, a list of candidates (§ § 3 to 6).
Common provisions on lists and waiting lists.
(1) Local lists and local waiting lists are public and everyone can see them.
(2) Both the organisation and the cooperative must allow each member of their staff or member to examine the list and list of staff of the organisation or the list and list of the cooperative members.
(3) Any professional soldier and civil servant of the military administration may also examine the list and waiting list of professional soldiers. This also applies to members of the Ministry of Interior in active service as regards the list and waiting list of members of the Ministry of Interior.
ALLOCATION OF BETS.
Jurisdiction
The management bodies of the local national committees shall allocate the apartments to persons applying for them as well as the replacement apartments to persons who are obliged to vacate the apartment on request (§ 42 (1)) or because the owner of the house has an enforcement title against them.
(1) The executive body of the local national committee shall allocate apartments in its perimeter.
(2) Replacement apartments shall be allocated by the management authority of the local national committee in whose area the apartment is to be cleared. Where there is a replacement apartment in another municipality, it shall be allocated by the management authority of the local national committee whose perimeter the apartment to be cleared is in agreement with the management authority of the local national committee whose perimeter the apartment is replaced.
Method of allocation of apartments.
(1) The local national committee allocates apartments to candidates on the list, according to the ranking of the candidates, but also takes into account the number and size of the rooms in relation to the number of members of the applicant's household and the local circumstances appropriate to the applicant's housing needs.
(2) A replacement apartment may be allocated to a person who is not on the waiting list,
1. if it is intended to vacate its present apartment at the request of the cleaning order (§ 42 (1)) or at the request of the building office;
2. if she was deprived of her apartment by a natural disaster.
(3) An apartment may be allocated to a person who is not on the waiting list,
1. if it is at the first award,
(a) for which the organisation in which it operates has made modifications to the basic organization of the Revolutionary Trade Union Movement in agreement with the race committee to obtain an apartment from premises serving purposes other than housing or unfit for housing;
(b) to whom the local national committee has given its consent to carry out its own cost of building arrangements which have been obtained from premises other than housing or unfit for housing;
2. if there is a person to whom an apartment is to be allocated in the public interest;
3. if there is a person who will voluntarily release his apartment. In this case, however, the apartment may be allocated no more than the same value and equipment but with a smaller total floor area of the accommodation rooms.
(1) The management body of the local national committee, on a proposal from an organisation, regional administration or cooperative, assigns housing, interior and cooperative apartments to the Ministry of Interior.
(2) The executive body of the local national committee shall assign the apartment if it is proposed by the tenderer to whom the organisation, regional administration or cooperative can be assigned under the conditions of Paragraph 18, no later than 30 days after the announcement obligation has been imposed (Paragraph 2 (1)).
(3) In the absence of a proposal for an organisation, regional administration or cooperative of such a candidate within a specified time limit, the management authority of the local national committee may assign an apartment to a candidate entered on the local list, in particular staff of the organisation, a member of the Ministry of the Interior or a member of the cooperative.
Legal implications of the apartment allocation.
(1) The owner of the house can only appeal from the decision of the executive body of the local national committee on the allocation of the apartment if it concerns the decision of the company apartment, the Home Office apartment or cooperative apartment.
(2) The person to whom the apartment has been allocated can only appeal from such a decision if it is for the allocation of a replacement apartment.
(1) The decision of the executive body of the local national committee on the allocation of the flat is taken between the person to whom the apartment has been allocated and the owner of the house of the lease.
(2) The rental ratio shall be established on the date on which the decision of the executive body of the local national committee on the allocation of the flat became enforceable, if the apartment is already cleared at that time, or the day of its removal.
(3) If there is an apartment other than a replacement, the rent rate shall not arise if the tenderer to whom the apartment has been awarded notifies the management authority of the local national committee within 3 days of the receipt of the decision to allocate the apartment that it does not accept the apartment.
If there is no agreement between the tenant to whom the apartment has been allocated and the owner of the house on the rent and ancillary salaries associated with the use of the apartment, the local national committee shall decide on it.
Cancellation of the lease and reassignment of the apartment.
If, within 15 days of the occurrence of the lease without serious reasons, the tenant does not move to the allotted apartment or within the same time limit, the management authority of the local national committee shall declare the lease to be cancelled and assign the flat to another tenderer (Sections 18 and 19).
Lists of vacant and allocated flats
(1) Local national committees shall keep lists of all newly built, established and released apartments which are entitled to allocate. At the same time as the allocation of the apartment, the person to whom the allocation has been made shall indicate the date and the reason for the allocation. The housing and housing allocated to the workers of the necessary services shall be kept separately on the list.
(2) Organisations and cooperatives maintain lists of vacant and allocated business apartments (§ 77 (1)) and cooperative flats (§ 6 (1) and (2)).
(3) Paragraph 15 of the list of free and allocated flats applies mutatis mutandis.
Responsible for the early allocation of apartments.
(1) The executive body of the local national committee shall be obliged to allocate the apartment to which it is entitled within 15 days.
(2) This period shall be calculated:
1. in the case of an apartment which its user is obliged to vacate on the removal order (§ 42 (1)), or where the lease is declared to have been cancelled (§ 23), from the date on which the removal order or decision to cancel the lease has become enforceable;
2. in the case of an apartment for which building changes or modifications are made in accordance with or with the approval of the construction office, from the permit for use.
3. in the case of housing, housing of the Ministry of Interior and cooperative flats, from the date on which the organisation, regional administration or cooperative proposed to the management authority of the local national committee a candidate to whom the apartment may be allocated under the conditions of Paragraph 18, or, if the latter has not complied with the design of the organisation, regional administration or cooperative, from the expiry of the 30-day period laid down in Article 19 (2), from the date on which the executive body of the local national committee became enforceable;
4. for other apartments since their announcement.
(3) If the management authority of the local national committee has allocated the apartment within the prescribed time limit and has notified the applicant in due time to whom the apartment has been allocated that it does not accept the apartment, the new 15-day period shall apply for the allocation of the apartment from that notice.
If the management authority of the local national committee fails to fulfil this obligation, the State (local national committee) shall be liable to the owner of the house for the damage caused by the fact that the apartment was not rented after the removal.
Apartments excluded from the allocation right.
The allocation right of the local national committee shall not apply:
1. for flats built by building housing cooperatives (§ 6 (3));
2. for dwellings built in corporate housing from the own free funds of enterprises and from other sources which can be used for this purpose under the applicable rules;
3. for flats built in the construction of single agricultural cooperatives;
4. military flats;
5. for home apartments;
6. to an apartment in a family home, if the owner declares the house to the local national committee at the same time as the announcement of the apartment, or within 8 days after an enforceable order has become enforceable, that he will move into the apartment within 15 days, or that he will accommodate his married (married) child or, in the absence of the municipality referred to in § 3 (2), his parents within that period.
Allocation of military apartments.
Military apartments shall be allocated by the Chief with the approval of the Executive Authority of the Local National Committee. The Executive Authority of the Local National Committee shall not refuse approval if the apartment is allocated under the conditions of Paragraph 18.
(1) The owner of the house cannot appeal from the Chief's decision to assign a military apartment. Otherwise, Article 20 (2) and Articles 21 and 22 shall apply mutatis mutandis to the legal consequences of the allocation of military flats.
(2) Paragraph 23, 25 and 26 also apply mutatis mutandis to military apartments.
Chiefs keep lists of military apartments they've assigned. Paragraph 15 (3) shall apply mutatis mutandis to these lists.
Home apartments.
The owner of the house can give the apartment to the landlord and arrange a job with him only with the approval of the local national committee.
_
Appointment of the Executive Authority of the Local National Committee.
(1) The conversion of apartments is only allowed with the approval of the Executive Authority of the local national committee.
(2) The subject of an exchange within the meaning of this provision may also be the rented part of the apartment of the owner of the family home.
(3) The executive body of the local national committee will be granted an appointment for an exchange if it can make more efficient use of the housing space.
The acceptance of the local national committee is not required for the exchange of housing of construction housing cooperatives (§ 6 (3)) and corporate housing built in corporate housing from the own free funds of enterprises and other resources that can be used under the applicable rules for this purpose, flats in single agricultural cooperatives, military apartments and apartments of the Ministry of Interior. However, it is necessary to accept an exchange if only one of the apartments to be exchanged is such an apartment.
The owner's consent.
The consent of the owner of the house is needed for the exchange of housing of construction housing cooperatives, flats built in corporate housing from the own free funds of enterprises and from other resources that can be used for this purpose, flats in houses of single agricultural cooperatives, corporate housing and cooperative flats, as well as for the exchange of the rented part of the apartment of the owner of the family home (§ 32 (2)).
The legal consequences of being admitted to a shift.
The owner of the house can only appeal from the decision of the executive body of the local national committee to be admitted to the exchange if he is required to exchange his consent.
(1) The decision of the Executive Authority of the Local National Committee to be admitted to the exchange is taken between the users of the apartments that have agreed to the exchange and the owners of the houses of the rental conditions. On the same day, the current legal situation in terms of the use of these apartments ends.
(2) The rental conditions arise from the date on which the decision taken by the Executive Authority of the Local National Committee to join the exchange became enforceable. Paragraph 22 applies mutatis mutandis.
Invalidity of entry to the exchange.
If, in fact, the users of the apartments that have agreed to the exchange do not exchange the apartments without serious reasons, within a period to be determined by the management authority of the local national committee in the decision to accept the exchange, the acceptance shall be deemed not to have been granted.
Cancellation of lease contracts.
(1) If an additional management body of the local national committee finds that the exchange has been negotiated on a profitable basis or on an eye-to-eye basis in order to circumvent the provisions of this law, the management authority of the local national committee may declare, within six months of the start of the new lease arrangements (§ 36), the lease agreement for the replacement of apartments for the cancellation.
(2) A period of 6 months is maintained if the management body of the local national management committee has started it.
Shifts of military flats.
(1) A chief is required to exchange military flats. However, the consent of the owner of the house shall not be required.
(2) If there is an exchange of military flats which are in different municipalities, the chief shall give the admission to the exchange if the exchange is in accordance with the interests of the performance of his duties and corresponds to the housing plan prepared by the Ministry of National Defence.
(3) Paragraph 35 and 36 apply mutatis mutandis to the legal consequences of being admitted to the exchange of military flats. Paragraph 37 and 38 also apply mutatis mutandis to shifts in military apartments.
_
Appointment of the Executive Authority of the Local National Committee.
(1) The owner of the apartment may, in whole or in part, place his apartment in sublet or similar use (hereinafter referred to as "sublet ') only with the permission of the executive body of the local national committee. However, the rent to this effect is not, if the user receives members of his family or his son-in-law (daughter-in-law) to the apartment.
(2) The Executive Authority of the Local National Committee may not refuse admission to sub-lease
1. if the staff member of the organisation who has been seconded to a foreign office is subletting the whole apartment to another employee of the same organisation and undertakes to provide the tenant with an obligation to enter it into the list of staff members of the organisation after the termination of the lease contract, or if the whole apartment is sublet by a person who has left for a brigade or has negotiated a contract of employment with a limited duration in another municipality;
2. if the user places part of his apartment in the sublet of a candidate on the waiting list (§ § 9 and 11).
(3) The provisions of the preceding paragraphs shall not apply to military flats.
The subletting of military apartments.
The hiring of a chief is necessary for the subletting of military apartments or parts thereof.
_
General provisions on exit orders.
Orders to clear out.
(1) The executive body of the local national committee may, under the conditions laid down in § § 49 to 58, order the user of the apartment to clear it by the specified deadline (hereinafter referred to as the "removal order ').
(2) Where an apartment is used on the basis of a contractual relationship with the owner of the house, the management authority of the local national committee shall also declare the lease or other contract of use of the apartment cancelled in the removal order.
Execution of removal orders.
Contents
§ 1.
ČÁST PRVNÍ.
§ 2.
ČÁST DRUHÁ.
ODDÍL 1.
Článek 1.
§ 3.
§ 4.
§ 5.
§ 6.
§ 7.
§ 8.
Článek 2.
§ 9.
§ 10.
§ 11.
§ 12.
§ 13.
§ 14.
Článek 3.
§ 15.
ODDÍL 2.
§ 16.
§ 17.
§ 18.
§ 19.
§ 20.
§ 21.
§ 22.
§ 23.
§ 24.
§ 25.
§ 26.
§ 27.
§ 28.
§ 29.
§ 30.
§ 31.
ODDÍL 3.
§ 32.
§ 33.
§ 34.
§ 35.
§ 36.
§ 37.
§ 38.
§ 39.
ODDÍL 4.
§ 40.
§ 41.
ODDÍL 5.
Článek 1.
§ 42.
§ 43.
§ 44.
§ 45.
§ 46.
§ 47.
§ 48.
Článek 2.
§ 49.
§ 50.
§ 51.
§ 52.
§ 53.
§ 54.
§ 55.
§ 55a.
§ 56.
§ 57.
§ 58.
ODDÍL 6.
§ 59.
§ 60.
§ 61.
§ 62.
§ 63.
§ 64.
ODDÍL 7.
§ 65.
ČÁST TŘETÍ.
§ 66.
§ 67.
§ 68.
ČÁST ČTVRTÁ.
§ 69.
§ 70.
ČÁST PÁTÁ.
§ 71.
§ 72.
§ 73.
§ 74.
§ 75.
§ 76.
§ 77.
§ 78.
§ 79.
§ 80.
§ 81.
§ 82.
§ 83.
§ 84.
§ 85.
§ 86.
§ 87.
§ 88.
§ 89.
§ 90.
§ 91.
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Regulation Information
| Citation | Act No. 67 / 1956 Coll., on Housing Management |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.12.1956 |
|---|---|
| Effective from | 01.01.1957 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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