Decree of the Federal Ministry of Finance, Ministry of Finance, Prices and Wages of the Czech Socialist Republic, Ministry of Finance, Prices and Wages of the Slovak Socialist Republic and President of the State Bank of Czechoslovak No. 74 / 1989 Coll.
Decree of the Federal Ministry of Finance, the Ministry of Finance, the prices and wages of the Czech Socialist Republic, the Ministry of Finance, the prices and wages of the Slovak Socialist Republic and the President of the Czechoslovak State Bank, amending and supplementing the Decree of the Federal Ministry of Finance, the Ministry of Finance of the Czech Socialist Republic, the Ministry of Finance of the Slovak Socialist Republic and the President of the State Bank of Czechoslovakia No. 136 / 1985 Coll., on financial, credit and other assistance of cooperative and individual housing construction and modernisation of family houses in personal ownership
Valid
Effective from 01.07.1989
74
DECLARATION
Federal Ministry of Finance, Ministry of Finance, Prices and Wages of the Czech Socialist Republic, Ministry of Finance, Prices and Wages of the Slovak Socialist Republic and President of the Czechoslovak State Bank
of 30 June 1989
amending and supplementing the Decree of the Federal Ministry of Finance, the Ministry of Finance of the Czech Socialist Republic, the Ministry of Finance of the Slovak Socialist Republic and the President of the State Bank of Czechoslovak No. 136 / 1985 Coll., on financial, credit and other assistance to cooperative and individual housing construction and modernisation of family houses owned by
Federal Ministry of Finance pursuant to § 28 (d) and (e) of Act No. 134 / 1970 Coll., on the rules of the State Budget of the Czechoslovak Federation and on the principles of the management of the State Budget of the Federation and Republics (Budget Rules), § 72 of Act No. 88 / 1988 Coll., on the State Company, and § 508 of the Civil Code No. 40 / 1964 Coll., as amended, and § 508 of the Slovak Socialist Republic's Finance Act No. 40 / 1971 Coll., on the State Budget of the Czech Socialist Republic, and on the Management of the State Budget Rules of the Slovak National Council No. 32 / 1971 Coll., and § 508 of the Civil Act No. 40 / 1964 Coll., as amended Regulations, the Ministry of Finance, Prices and Missions of the Slovak Socialist Republic under § 39 (a) of the Slovak National Council of the Slovak National Council of the Slovak National Council of the Law.
The decree of the Federal Ministry of Finance, the Ministry of Finance of the Czech Socialist Republic, the Ministry of Finance of the Slovak Socialist Republic and the President of the State Bank of Czechoslovak No. 136 / 1985 Coll., on financial, credit and other assistance to cooperative and individual housing construction and modernization of family houses in private ownership is amended and supplemented as follows:
1. In Article 1 (2), the words "from 1 January 1986 and to individual housing construction 'are replaced by the words" from 1 January 1989, to individual housing construction started on the basis of a building permit issued on 1 July 1989'.
Article 5 (8) reads as follows:
"(8) In order to cover the increased costs resulting from territorial effects, the sectoral premium and the extra-construction transports9), a specific contribution shall be granted to the amount invoiced for these reasons by the supplier's construction organisation; for work carried out by self-help, the contribution shall be at the rate of the proven increased costs of off-site transport. When granting the special contributions referred to in paragraphs 2, 6 and 7, the increased costs shall not be taken into account as a result of the reasons set out in the preceding sentence. ';
3. In Paragraph 17 (1), the amount "35 000 CZK 'is replaced by" 50 000 CZK'.
4. in Article 17 (2) (a), the amount of "15 000 CZK" is replaced by "20 000 CZK";
5. In Article 17 (2) (b), the amount "10 000 CZK 'is replaced by the amount" 15 000 CZK'.
6. Article 17 (2) (d) and (e) reads as follows:
"(d) a total of up to 10 000 CZK for:
1. construction of a water supply connection, 32a) if a single source of drinking water is obtained by the connection and the construction office has stored or designated the connection under the conditions of the building permit, 32b)
2. the establishment of a well as a single source of drinking water in case the object cannot be connected to a public water pipeline and the establishment of a well is permitted by the water authority;
3. the construction of a sewer connection, 32a) if the construction office has stored or designated this connection under the conditions of the building permit, 32b)
4. Establishment of septic tank or similar sewage plant to remove waste water from the building if their construction is in accordance with the building permit, 32b)
(e) a total of up to 8,000 CZK for:
1. the establishment of a domestic sewage treatment plant built in connection with individual housing construction;
2. the installation of a solar energy heating and heating system (system and solar collector) in a built-in building as part of a heating and heating system in a residential building, if the gross surface of the solar collector32c) is at least 8 m2, '.
7. in Article 17 (2), the following point (f) is inserted after point (e):
"(f) up to 70 000 CZK if, on the date of the conclusion of the State grant contract (Paragraph 18), the builder or member of the cooperative is married (married) and the builder (member of the cooperative) and his spouse is less than 35 years of age or that age in the year of the conclusion of the State grant contract is reached; the increase may also be granted in addition to the contract in the event of marriage following the conclusion of a State grant contract, provided that the conditions laid down are met on the date of conclusion of the contract supplement. ';
8. In the last sentence of Paragraph 17 (2), "(a) to (e) 'is replaced by" (a) to (f)'.
9. Article 17 (3) reads as follows:
"(3) The condition of granting a state contribution to a builder (builders - spouses) pursuant to paragraphs 1 and 2 is that the builder undertakes in the contract:
(a) to carry out the construction in accordance with the building permit 32d) in such a way that the conditions set out in Paragraph 16 (b) are met;
(b) to complete the construction in such a way that the approval decision becomes final within 10 years of the date of conclusion of the State grant contract (Paragraph 18);
(c) a family house or a personal apartment for a period of 10 years from the conclusion of a State grant contract (Paragraph 18), but not less than 8 years from the approval of the county national committee responsible for the place of construction (hereinafter referred to as the "district national committee"), but not less than 32e), without the consent of the district national committee responsible for the place of construction (hereinafter referred to as the "district national committee"), to use it for permanent housing until the end of the period;
(d) to repay the State contribution in the event that it fails to comply with one of the commitments to which it has committed [points (a) to (c)], and in the event that, before the expiry of the period laid down in point (c), it intends to transfer the family home or the personal apartment to another or before the expiry of the period laid down in point (c), it ceases to own the family house or apartment. "
10. In Article 17, the following paragraph 4 is inserted after paragraph 3:
"(4) The condition of granting the State contribution to the builder pursuant to paragraphs 1 and 2 is that
(a) when concluding a State grant contract (Paragraph 18), a contract with the District National Committee to limit the transfer of real estate, 32f) which undertakes that, in the event of an obligation to repay the State contribution, it shall, with the legal effect for the heir, take on the obligation not to transfer its family house or apartment in the personal ownership for which the state contribution was granted (change of construction) to another without the consent of the District National Committee with which the State grant contract was concluded; where the State contribution referred to in paragraph 1 or, where appropriate, the increase in the State contribution referred to in paragraph 2 is granted for the duration of the marriage to construction workers - spouses, the condition that the State contribution is granted is that both spouses conclude a contract to limit the transfer of the property,
(b) agrees that the State contribution will be paid to the interest-free account (Paragraph 21 (1)) only after the registration of the contract limiting the transfer of the property. "
11. Paragraph 17 (4) becomes paragraph 5.
12.
"(c) the transferred family house until 10 years after the conclusion of the State grant contract (Paragraph 18), but at least 8 years after the transfer to personal ownership from the cooperative, do not transfer 32e) without the consent of the District National Committee to another and use it for permanent residence until the end of that period;
(d) to repay the State contribution in the event that it fails to comply with one of the commitments to which it has undertaken [points (a) to (c)], and in the event that, before the expiry of the period laid down in point (c), the family house transferred from the cooperative intends to transfer to another or before the expiry of the period laid down in point (c), it ceases to own that family house. "
13. In Article 17, the following paragraph 6 is inserted after paragraph 5:
"(6) The condition for granting a State contribution to a member of a cooperative referred to in paragraphs 1 and 2 shall be that the member of the cooperative:
(a) when concluding a contract to grant a State contribution (Paragraph 18), it shall conclude with the District National Committee a contract which, after the registration of a contract to transfer a family home from ownership of the cooperative, shall conclude with the District National Committee a contract to limit the transfer of real estate, 32f) which shall undertake that, in the event of an obligation to repay the State contribution, it shall, in the event of a legal effect on the heirs, not to transfer its family house for which the State contribution was granted after its acquisition into personal ownership, without the consent of the District National Committee with which the State Contribution Agreement was concluded; where the State contribution referred to in paragraph 1 or, where appropriate, the increase in the State contribution referred to in paragraph 2 is granted for the duration of the marriage to members of the cooperative - spouses, the condition that the State contribution is granted is that the contract be concluded by both spouses,
(b) agrees that the State contribution will be paid to the relevant cooperative account with the bank (Paragraph 21 (1)) only after the contract referred to in (a) has been concluded. ';
14. Paragraph 17 (5) becomes paragraph 7.
15. in the first sentence of Paragraph 18 (1), the words "district national committee responsible for the place of construction (hereinafter referred to as" district national committee ")" shall be replaced by "district national committee."
16. In Paragraph 18 (1), the following sentence is inserted after the first sentence:
"Where the contribution provided for in Article 17 (1) and (2) is granted for the duration of the marriage, the contract shall be concluded with the two builders - spouses or members of the cooperative - spouses. '
17. in Paragraph 18 (1), the dot is replaced by a comma at the end of point (c) and the following point (d) is added after point (c):
"(d) immediately notify the district national committee of the transfer of the family home from the ownership of the cooperative to the personal ownership of the member of the cooperative."
18. In Paragraph 18 (3), the following sentence is inserted after the first sentence:
"In the case of a transfer of ownership of a family home or a privately owned apartment, where there is an obligation to return the State contribution, the District National Committee shall not consent to the transfer unless the fulfilment of the obligation to repay the State contribution is ensured. ';
19. Paragraph 18 (4) reads as follows:
"(4) Repayment of a State contribution to construction workers - spouses or members of the cooperative - spouses shall not be required if the obligations which construction workers - spouses or members of the cooperative - have committed themselves to in the contract for the grant of the State contribution are fulfilled by at least one of them and the building has already been subject to a approval decision. ';
20. Paragraph 18 shall be added to paragraph 5:
"(5) If, after the termination of the marriage with the owner of a private-owned family house or apartment, the construction of which (change of construction) has already been decided, the husband of the contractor with whom the State grant contract has been concluded may not be required to repay the State contribution if the owner of the private-owned family house or apartment undertakes, by written agreement, to comply with the conditions laid down in Article 17 (3) (c) and (d) until the end of the original period laid down in the State grant contract, and if, mutatis mutandis, he concludes a contract with the District National Committee to restrict the transfer of real estate pursuant to Article 17 (4). The request for repayment of the State contribution granted to the cooperative member shall be treated mutatis mutandis. ';
21. In Paragraph 19 (1), in the first part of the sentence, the words "and 3" and the words "or 10 000 CZK" shall be deleted; the words "stabilisation contributions" shall be replaced by the words "stabilisation allowance."
22. in Article 19 (1), point (b) is replaced by the following:
"(c) the stabilisation allowance has not been granted to his husband."
23. in Paragraph 19 (2), the first part of the sentence reads:
"The stabilisation allowance may be granted, '.
24. In Article 19 (2), at the end of the sentence after the word "coupling 'a' is replaced by a comma; The dot at the end of the sentence is replaced by a comma and the following words are added:
"the woodworking industry, the paper and cellulose industry, the glass, ceramics and porcelain industry, the textile industry, the assembly industry, the leather industry, the polygraphic industry, the food and flavouring industry, the production of freezer, furniture and tobacco, other industrial and geological activities. '
25. Paragraph 19 repeals paragraph 3. Paragraph 4 shall become paragraph 3.
26. In Paragraph 19 (3), the words "or 3 'are deleted in the first part of the sentence; at the end of point (c), the dot is replaced by a comma and the following words are added:
"and in the event that, by the end of the agreed stabilisation commitment, he ceases to own the family home or apartment in his personal possession. ';
27. In § 20, in the first part of the sentence, the words "or 3 'are deleted.
28. in Paragraph 21 (1), the first part of the sentence reads:
"On the basis of the State contribution agreement concluded pursuant to Paragraph 18 and the registered real estate transfer restriction contract within the meaning of Article 17 (4) or, where applicable, of the contracts concluded pursuant to Paragraph 17 (6), the savings bank shall pay the State contribution to the non-interest-bearing account of the builder, '.
29.
"(6) If the funds in the non-interest-bearing account of the builder are not used in accordance with paragraph 5, they may be used to repay the State contribution or, where appropriate, the stabilisation contribution and to repay the loan granted to the savings bank under Paragraph 22. Unused funds shall be returned by the savings bank to the State budget of the Republic up to the amount of the State contribution granted, and the remainder to the organisation which provided the stabilisation contribution. In the case of State and stabilisation contributions granted to a cooperative member, the cooperative shall proceed mutatis mutandis. ';
30. Paragraph 25 (1) reads as follows:
"(1) If the individual housing construction referred to in § 2 (2) (a) meeting the conditions set out in § 16 (a) and (b) has been subject to a clearance decision and the period between the acquisition of the legal power of the approval decision and the acquisition of the legal power of the relevant building permit does not exceed 36 months, the district national committee shall grant a contribution to the builder for the speedy completion of the construction of 20 000 Kns. If the period referred to in the previous sentence was more than 36 months but did not exceed 48 months and on the date of the acquisition of the legal power of the approval decision, the builder is married (married) and, in the year of the acquisition of the legal power of the approval decision, the builder and his husband are younger than thirty-five years or that age in the year of the acquisition of the legal power of the approval decision, the district national committee will grant a contribution for the speedy completion of the construction of 10 000 Kčs. Paragraph 17 (7) shall apply mutatis mutandis. ';
31. in Paragraph 33 (1), the following sentence is inserted after the first sentence:
"In individual socially justified cases, an exemption from the provisions of Paragraph 18 (3) may be granted on a proposal from the Regional National Committee of the City of Prague, the National Committee of the Slovak Socialist Republic of Bratislava, if the construction has already been subject to a approval decision and it is not a case referred to in paragraphs 18 (4) and (5)."
32. in the third and fifth sentences of Paragraph 33 (1), the words "Ministry of Finance of the Republic" shall be replaced by "Ministry of Finance, Prices and Wages of the Czech Socialist Republic and Ministry of Finance, Prices and Wages of the Slovak Socialist Republic"; in the fourth sentence, "Ministry of Finance of the Republic concerned 'is replaced by" Ministry of Finance, Prices and Wages of the Republic concerned';
Paragraph 34 (1) reads as follows:
"(1) For cooperative housing construction started before 1 January 1989, for individual housing construction authorised before 1 July 1989, the existing rules shall apply; for cooperative housing, taking into account the specific arrangements referred to in paragraphs 2 and 4 and for individual housing, taking into account the specific arrangements referred to in paragraphs 3 and 5. The provisions in force at the time of issue of the building permit shall apply to the modernisation permitted before 1 January 1986. ';
Article 34 (4) and (5) shall be added as follows:
"(4) For cooperative housing construction on 1 January 1989, the National Committee shall decide on the basis of documents submitted by the cooperative until 31 October 1989 on the grant of the entire difference resulting from the adjustment of the balance of budgetary costs on 31 December 1988 as a result of changes in wholesale prices on 1 January 1989.35) Paragraph 6 (2) and (3) shall apply mutatis mutandis.
(5) If, for the individual housing construction referred to in § 2 (2) (a) meeting the conditions set out in § 16 (a) and (b) for which a building permit has been issued from 1 January 1986 to 30 June 1989, a clearance decision has been issued which has acquired legal authority since 20 April 1989 and the period between the acquisition of the legal power of the approval decision and the acquisition of the relevant building permit has not exceeded 36 months, the district national committee will grant a grant to the builder for the speedy completion of the construction of 20 000 Kčs. In the event that the period specified in the previous sentence has not exceeded 24 months and the approval decision has acquired legal power by 31 December 1990 at the latest, the contribution for the accelerated completion of the construction shall be increased to 25 000 CZK. Paragraphs 17 (7) and 25 (2), (3) and (4) shall apply mutatis mutandis. ';
This decree shall take effect on 1 July 1989.
Minister of Finance of the Czechoslovak Socialist Republic:
Ing. Stejskal v. r.
Minister of Finance, Prices and Wages of the Czech Socialist Republic:
Ing. Nicodemou v. r.
Minister of Finance, Prices and Wages of the Slovak Socialist Republic:
Ing. Misheje v. r.
Chairman of the Czechoslovak State Bank:
Ing. Diving v. r.
9) Dimension of the Federal Price Office No 8170 / 331 / 88 determining the rates of secondary budgetary costs of buildings published in the Price Bulletin, amount 45 / 1988 and amount 50 / 1988.
32a) Decree of the Ministry of Forestry and Water Management of the Czech Socialist Republic No. 144 / 1978 Coll., on Public Water and Public Sewerage, as amended by Decree No. 185 / 1988 Coll. Decree of the Ministry of Forestry and Water of the Slovak Socialist Republic No. 154 / 1978 Coll., on Public Water and Public Sewerage, as amended by Decree No. 15 / 1989 Coll.
32b) § 25 and 26 of Decree of the Federal Ministry of Technical and Investment Development No. 85 / 1976 Coll., on a more detailed modification of the zoning and construction rules, as amended by Decree No. 155 / 1980 Coll.
32c) ČSN 06 0212 Flat solar collectors for liquid heating. Determination of energy activity and hydromechanical resistance.
32d) § 66 or § 68 of Act No. 50 / 1976 Coll.
32e) § 44 to 46 of the Civil Code.
32f) § 58 of the Civil Code.
35) Methodological and organisational guidelines of the State Commission for Scientific, Technical and Investment Development No 1134 / 60 / 88 of 31 March 1988 to reflect the consequences of changes in wholesale prices on 1 January 1989 in the building budgets published in the SKVTRI Report, amount 2-3 / 1988 and in the Price Bulletin, amount 32 / 1988. Interpretation of the State Commission for Scientific, Technical and Investment Development of 15.11.1988 on Methodological and Organisational Guidelines No 1134 / 60 / 88 of 31 March 1988 to reflect the consequences of changes in wholesale prices as at 1.1.1989 on the budgets of the buildings published in the SKVTRI Report, amount 6-7 / 1988 and in the Price Bulletin, amount 2-3 / 1989.
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Regulation Information
| Citation | Decree of the Federal Ministry of Finance, the Ministry of Finance, the prices and wages of the Czech Socialist Republic, the Ministry of Finance, the prices and wages of the Slovak Socialist Republic and the President of the State Bank of Czechoslovak No. 74 / 1989 Coll., amending and supplementing the Decree of the Federal Ministry of Finance, the Ministry of Finance of the Czech Socialist Republic, the Ministry of Finance of the Slovak Socialist Republic and the President of the State Bank of Czechoslovak No. 136 / 1985 Coll., on financial, credit and other assistance to cooperative and individual housing and modernisation of family houses in personal ownership |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.06.1989 |
|---|---|
| Effective from | 01.07.1989 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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