Act No. 67 / 2013 Coll.
Law governing certain issues relating to the provision of services related to the use of apartments and non-residential premises in the house with apartments
Valid
Law
Effective from 01.01.2014
67
THE LAW
of 19 February 2013
adjusting certain issues relating to the provision of services related to the use of flats and non-residential premises in the house
Parliament has decided on this law of the Czech Republic:
Preliminary provisions
(1) This Act incorporates the relevant European Union2 provisions and regulates certain issues relating to the provision of services related to the use of flats and non-residential premises in the house with flats (hereinafter referred to as "services") and the procedure for determining advance payments for services, breakdown, billing and settlement of service costs.
(2) If there is a non-residential space in a house, the provisions of this law concerning flats shall apply mutatis mutandis to that non-residential space.
(3) This law does not apply to services provided by the service recipient without the participation of the service provider.
(4) All arrangements under this law must be in writing.
Definition of terms
(1) For the purposes of this Act:
(a) service provider
1. the owner of the property or the owner of the unit in the house divided into units where the apartment is used under a lease contract; or
2. the Community of Unit Owners (hereinafter referred to as "the Community") under the Housing Co-ownership Act,
(b) recipient of services
1. the tenant of the apartment; or
2. the owner of the unit under the Housing Co-ownership Act,
(c) the settlement period of the period for which the service provider shall carry out the breakdown and subsequent cost accounting; the settlement period shall be no more than 12 months and shall be determined by the service provider;
(d) the cost of services the price of services agreed with the supplier or the total cost of providing services; the cost of services under this Act is not a revision of equipment and part of the house and depreciation of the house, or other similar items,
(e) by accounting for the cost of services provided during the accounting period for each service recipient and how the cost of services is allocated,
(f) by accounting for the actual amount of service costs and advances for each service during the accounting period;
(g) persons responsible for discharging services
1. tenants of an apartment and persons who may be considered to live with it for more than 2 months during the accounting period,
2. the owner of the unit, if he has not left the unit in use and persons who may be deemed to live with the unit for more than 2 months during the settlement period; or
3. persons who may be considered to be entitled to use an apartment when used for purposes other than residential needs, for a period of a total of more than 2 months during the accounting period,
(h) the determined heat consumption is the value determined as the difference between the reading of measured values on the installed meters under the Metrology Act or on the installed installations for the distribution of heating costs at the end and at the beginning of the period for which the information on the determined heat consumption to the service recipient is provided, adjusted using corrections and calculation methods which take into account the different heat-supply requirements of the heating rooms given by their location and which are used for the calculation.
(2) For the purposes of this Act, a remote deductible meter shall mean a measuring instrument under the Metrology Act, which, by itself or through another device already installed, allows the reading to be performed over a distance of more than 250 metres, except for such a meter under the Metrology Act, which was installed before 1 January 2022 and is not set to a remote reading at least within a monthly interval.
(3) For the purposes of this Act, a remote-deductible heating cost allocation installation shall mean a heating cost allocation installation which, by itself or through another already installed installation, allows for a deduction over a distance of more than 250 metres, with the exception of a heating cost allocation installation which was installed before 1 January 2022 and is not set for a remote-reading period of at least one month.
(4) The fact that a measuring instrument under the Metrology Act, which was installed before 1 January 2022, or the installation for the distribution of heating costs which was installed before 1 January 2022, is not set for remote reading at minimum monthly intervals, shall be demonstrated by its technical documentation.
Definition and scope of services
(1) The services include, in particular, the supply of heat and centralised provision of hot water, the supply of water and waste water, the operation of elevators, the lighting of common spaces in the house, the cleaning of common spaces in the house, the removal of waste water and the cleaning of sinks, the provision of radio and television signals, the operation and cleaning of chimneys and the removal of municipal waste.
(2) The scope of the services provided shall be agreed upon or decided upon by the service provider and the recipient of the services.
Amount of advance payments for services and the way in which they change their amount
(1) The service provider has the right to require the recipients of advance payment services to cover the costs of services provided using the flat. The amount of the advances shall be agreed with or decided by the service provider or the community.
(2) If no arrangement is made, or if no decision is taken by the cooperative or the community, the service provider shall designate a monthly advance payment for each service to the service recipient as a monthly share of the estimated annual cost of the services from the previous year, or according to the last settlement period, or of the costs derived from the expected prices of the current year.
(3) In the absence of an arrangement for advances on the supply of water and waste water, or where a cooperative or community decision is not taken, monthly advances shall be calculated for each settlement period by a maximum of one twelfth of the deliveries, depending on the actual water consumption for the previous annual period or on the guide numbers of the annual water needs (1) multiplied by the prices agreed with the supplier.
(4) The service provider shall have the right to change the monthly advance during the year to the extent appropriate to the change in the price of the service or for other legitimate reasons, in particular changes in the scope or quality of the service. An amended monthly advance may be requested not earlier than from the first day of the month following receipt of the written notification of the new advance amount. The change in the amount of the monthly advance shall be duly justified in the notification or no increase shall be made.
Breakdown of service costs
(1) The method of derecognition of the service provider shall be agreed with a two-thirds majority of the tenants in the house or decided upon by the cooperative or the community. A change in the method of derecognition is possible after the end of the settlement period.
(2) If there is no arrangement or decision of the cooperative or community, the cost of services shall be accounted for as follows:
(a) the supply of water and the drainage of waste water in proportion to the measured values on the downstream water meters; If the installation of secondary water meters is not carried out in all flats or non-residential spaces in the house, the cost of water supply and waste water drainage shall be accounted for according to the guide numbers of the annual water needs1),
(b) the operation and cleaning of chimneys according to the number of chimneys used;
(c) enabling reception of radio and television signals by number of cable outlets;
(d) the operation of the lift, the lighting of the common spaces in the house, the cleaning of common spaces in the house, the removal of waste water and the cleaning of sinks, the removal of municipal waste, or other services agreed between the service provider and the recipient of services, depending on the number of persons responsible for the breakdown.
Breakdown of heating and co-preparation costs for the house
(1) The costs of heating in the absence of an obligation to install specified meters under the law on metrology or equipment for the distribution of heating costs, and the costs of joint preparation of hot water for a house from water-meters to hot water under another legislation, shall be accounted for on the basis of the arrangements of the service provider with all tenants in the house, on the basis of cooperative housing arrangements with all tenants in the house, who are also members of the cooperative, in the Community by the arrangement of all owners of the units. In the absence of an agreement, the heating costs and the joint preparation of hot water shall be accounted for in accordance with another legislation governing the details for the breakdown of heat supply costs and the joint preparation of hot water in the house. A change in the method of accounting for heating costs and the joint preparation of hot water for the house is always possible after the end of the accounting period.
(2) Where, by another legislation, the obligation to install specified meters is laid down in the Metrology Act or the installation for the distribution of heating costs and the cost of joint hot water preparation for a house from water-meters for hot water, the heating costs in the unit of account shall be allocated over the accounting period to the component of the basic and consumption. The essential component is divided between the recipients of the service according to the ratio of the size of the countable floor area of the apartment or non-residential space to the total countable floor area of the apartments and non-residential areas in the unit of account. The consumption component is distributed among the recipients of the services in proportion to the size of the themes of the determined meters according to the Metrology Act or the installation for the distribution of heating costs using corrections and calculation methods, taking into account the different demands of heated rooms for the supply of heat given by their location.
(3) The differences in the heating costs per square metre of the countable floor area shall not exceed, for the recipient of the service with measurements or the installation for the distribution of the heating costs in the unit of account, the values determined as the lower and upper limits compared to the average of the unit of account in the given settlement period. In the event of exceeding permissible differences, an adjustment to the calculation method shall be made. If the recipient of the services does not allow the installation of specified meters under the Metrology Act with a valid verification or installation for the distribution of heating costs, or through a repeated demonstrable warning, does not allow them to be deducted or unduly affected, the breakdown of heating costs shall be adjusted by identifying the consumption component of the costs as the product of the countable floor area of the apartment or non-residential area for which the measurement figure is not known and by three times the average value of the consumption component of the costs per 1 m2 of the countable floor area for other service recipients. The rest of the consumer cost component shall be accounted for in accordance with the last sentence of paragraph 2, with the lower and upper limits referred to in the first sentence derived from the average of the costs per square metre of the eligible floor area for those other recipients of the service. If no data from any flat or non-residential space are known, the consumption component of the costs shall be divided between the recipients of the services according to the deductible floor area of their flats or non-residential areas. The implementing legislation establishes a formula for the calculation of the consumption component of costs according to the third sentence.
(4) The costs of joint preparation of hot water for the unit of account for the settlement period consisting of the costs of heat energy consumed for the heating of water and the costs of water consumed shall be divided into basic and consumer components. The essential component is divided between the recipients of services according to the ratio of the floor area of the apartment or the non-residential space to the total floor area of the apartments and non-residential spaces in the unit of account. The consumption component shall be distributed among the recipients of the services on a pro rata basis according to the themes of the water meters for hot water installed in the service recipients. Where the recipient of a service does not allow the installation of hot water meters with valid verification or through a repeated demonstrable warning does not allow them to be read or unduly affected, the breakdown of the costs of the joint preparation of hot water shall be adjusted by identifying the consumer cost component as the product of the floor area of the apartment or the non-residential space for which the measurement data is not known and three times the average value of the consumer cost component per 1 m2 of the floor area for other recipients of the service. The rest of the consumption component of the costs shall be allocated among these other recipients in accordance with the third sentence. If no data from any flat or non-residential space are known, the consumption component of the costs shall be divided between the recipients of the services according to the floor area of their flats or non-residential areas. The implementing legislation sets out a formula for calculating the consumption component of costs according to the fourth sentence.
Settlement and maturity of overpayments and arrears
(1) Unless otherwise provided by other legislation, the actual amount of costs and advances for each service shall be charged by the service provider to the payee for each settlement period and shall be delivered to the payee at the latest 4 months after the end of the settlement period.
(2) The service provider shall indicate in the bill the actual amount of service costs broken down by service provided with all the necessary formalities, including the total amount of monthly service advances received, so that the amount of any differences in billing is obvious and controllable in terms of the arrangements and rules agreed for the breakdown.
(3) The financial compensation shall be made by the provider and the recipient of the services within the agreed time limit but no later than 4 months from the date of receipt of the bill of account of the service recipient. The accounting defects do not affect the maturity of the overpayment. The maturity of the arrears shall not affect such accounting defects as do not affect the calculated amount of arrears.
(4) The costs of drawing up and service the accounts referred to in paragraph 1 cannot be included in the costs of services.
Inspection of the accounting and settlement documents
(1) Within 30 days of receipt of the bill, the service provider may ask the service provider in writing to provide evidence to the service provider of the costs of the individual services, how they are to be broken down, how to determine the amount of the advance on the services and the execution of the bill, and to enable the service recipient to obtain copies of the documents. The service provider shall comply with this request within 30 days of its receipt.
(2) Any objections to the manner and content of the bill shall be submitted by the service provider to the service recipient within 30 days of receipt of the bill or, where appropriate, supporting the supporting documents referred to in paragraph 1. If the recipient does not submit objections within that period, it shall be agreed by the method and content of the bill. At the time of the objection, the service provider shall deal with the matter within 30 days of the submission of the objection.
Regular information on heating consumption and centralised hot water provision
(1) When remotely deductible heat consumption meters or remotely deductible heating costs are installed, the service provider shall provide the service provider with information on its determined heat consumption. If the service provider does not agree with a two-thirds majority of the tenants in the house otherwise, or if the cooperative or the community decides otherwise, the information on the observed heat consumption over the calendar month period shall be provided and delivered by the service provider to the recipient by the end of the following calendar month. However, it cannot be agreed or decided that the information on the determined heat consumption will be provided for a period of more than 1 month, except for an arrangement or decision to be provided for the period from the beginning of the accounting period to the end of the current calendar month. Furthermore, it cannot be agreed or decided that the service provider will deliver to the recipient of the service information on its determined heat consumption later than within 25 working days of the end of the period for which the information is provided.
(2) When remotely deductible heat water consumption meters are installed, the service provider shall provide the service provider with information on its consumption of the heat water produced jointly. If the service provider does not agree with a two-thirds majority of the tenants in the house otherwise, or if the cooperative or community decides otherwise, the information on the consumption of the heat water produced together over the calendar month period shall be provided and delivered by the service provider to the recipient by the end of the following calendar month. However, it cannot be agreed or decided that information on the consumption of jointly prepared hot water will be provided for a period of more than 1 month, except for an arrangement or decision to be provided for the period from the beginning of the accounting period to the end of the current calendar month. Furthermore, it cannot be agreed or decided that the service provider will supply the recipient of the service with information on its consumption of jointly prepared hot water later than within 25 working days of the end of the period for which the information is provided.
(3) The service provider shall not be obliged to supply the recipient of the services with information on the determined heat consumption if the heat has not been supplied during the period.
(4) The costs of providing the information referred to in paragraphs 1 and 2 cannot be included in the costs of services.
(5) The obligation referred to in paragraph 1 or 2 shall be deemed to be fulfilled if the service provider makes available to the recipient of the service information on its consumption in a manner that allows remote access and that the service recipient is demonstrably informed of such disclosure. However, the recipient may request in writing the service provider to send information on consumption in paper form during the current settlement period. In such a case, the recipient of the service shall be obliged to pay the costs associated with it and the service provider may request an advance payment of such costs.
Information to the energy service provider
(1) Upon written request from the recipient of services, the service provider shall deliver to the energy service provider, in accordance with the Energy Management Act, which the recipient of services shall designate in its request, the accounts of the recipient of services from the last 3 years and the information on its determined heat and consumption of the heat water produced together from the last 3 years, if available.
(2) The obligation referred to in paragraph 1 shall be deemed to be fulfilled if the service provider makes available to the energy service provider pursuant to the Energy Management Act designated by the recipient of the services such billing and information in a way enabling remote access and making available to the energy service provider pursuant to the Energy Management Act.
Flat payment
(1) The rent amount and the service amount can be combined into a separate lump sum if the parties so agree. Only payment for services provided can be negotiated as a separate flat-rate payment. In both cases, payments for services provided shall not be accounted for.
(2) A written flat-rate payment agreement does not need to be concluded with all tenants.
(3) At the request of the service recipient, the service provider shall be obliged to issue a detailed breakdown of the flat-rate payment for the purposes of the social benefits provided in the housing sector, with a quantification of the individual items for the settlement services.
(4) For leases concluded for more than 24 months or for an indefinite period, heat payment and centralised hot water supply and water supply and waste water disposal may not be included in the flat-rate payment; payments for these services must always be charged.
Decision not to provide services
The highest body of the housing cooperative or community may decide not to provide services or any of the services to the recipient of the services which is a member of that housing cooperative or community if the recipient of the services is late in paying for the services or advances provided for services for at least 3 months. If the payee's debt is met, the service provider shall restore the service provider in full without undue delay.
Specific provisions
The provisions of this Act governing the Community procedure shall apply mutatis mutandis where the Community has not been established and the house is divided into units.
In a house with apartments where use relationships were created on the basis of other legal facts than those mentioned in this Act, these relationships are governed by the provisions of this Act accordingly.
The service recipient shall notify the service provider in writing and without undue delay of the change in the number of persons responsible for the breakdown.
Fines for late payment of non-cash benefits
(1) Where the service provider or the service provider fails to comply with its obligation under this law, in particular if the service provider fails to comply with the obligation to notify the change in the number of persons, or if the service provider fails to provide a timely bill or fails to comply with the obligation relating to the right of the service provider to consult the billing documents and the obligations relating to the settlement of objections, it shall pay the other party a fine unless the fulfilment of the obligations within the prescribed time limit would be unfair to demand or the failure of the time limit is due to the fault of the other party.
(2) The amount of the fine shall be agreed by the service provider with at least a two-thirds majority of the tenants in the house, or decided upon by the cooperative or the community. The agreed amount of the fine may not exceed CZK 50 for each day of delay. If there is no arrangement with the tenants or decision of the cooperative or community, the fine is CZK 50 for each day of delay.
Transitional provisions
(1) Save as otherwise provided in this law, its provisions shall also apply to legal relationships arising before the date on which it takes effect. However, the creation of such legal relations and claims arising from them before the date of entry into force of this Act shall be assessed in accordance with existing legislation.
(2) The breakdown and billing of service costs for the settlement period which began before the date of entry into force of this Act shall be carried out in accordance with existing legislation.
Authorisation provisions
The Ministry of Regional Development provides by decree
(a) the extent of the amount of the basic and the consumption component for the breakdown of the heating costs and the costs of the joint preparation of hot water for the house, their distribution among the recipients of the service, the values determined as lower and upper limits compared to the average of the unit of account during the accounting period, the definition of terms and other requirements for the breakdown of costs;
(b) the formalities to be provided by the service provider in the accounting of the heating costs and the costs of joint hot water preparation for the house.
Efficacy
This Law shall enter into force on 1 January 2014.
Germany
Klaus v. r.
Nausea v. r.
1) Annex No 12 to Decree No. 428 / 2001 Coll., implementing Act No. 274 / 2001 Coll., on Water and Sewerage for Public Use and amending certain laws (Water and Sewerage Act), as amended.
(2) Article 13 of Directive 2012 / 27 / EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, amending Directives 2009 / 125 / EC and 2010 / 30 / EU and repealing Directives 2004 / 8 / EC and 2006 / 32 / EC.
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Regulation Information
| Citation | Act No. 67 / 2013 Coll. |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 14.03.2013 |
|---|---|
| Effective from | 01.01.2014 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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