Government Regulation No. 78 / 2016 Coll.
Government Regulation amending Government Decree No. 284 / 2011 Coll., on the conditions for granting and using the funds of the State Housing Development Fund in the form of a loan to support the construction of rental apartments in the Czech Republic, as amended by Government Decree No. 268 / 2012 Coll., and repealing some government regulations
Valid
Effective from 01.04.2016
78
GOVERNMENT REGULATION
of 24 February 2016
amending Government Regulation No 284 / 2011 Coll., on the conditions for granting and using the funds of the State Housing Development Fund in the form of a loan to support the construction of rental apartments in the Czech Republic, as amended by Government Regulation No 268 / 2012 Coll., and repealing certain government regulations
The Government orders pursuant to § 9 of Act No. 211 / 2000 Coll., on the State Housing Development Fund and on the amendment of Act No. 171 / 1991 Coll., on the Jurisdiction of the Bodies of the Czech Republic on Transfers of State Property to Other Persons and on the National Property Fund of the Czech Republic, as amended, as amended by Act No. 61 / 2005 Coll.:
Government Regulation No 284 / 2011 Coll., on the conditions for granting and using the funds of the State Housing Development Fund in the form of a loan to support the construction of rental apartments in the Czech Republic, as amended by Government Regulation No 268 / 2012 Coll., is amended as follows:
1. In Section 2, at the end of the text in point (a), the words "intended to provide housing 'are added.
2. In Section 2 (b) (3), footnote 1 is inserted after the word "extension '.
3. in Article 4 (a):
"(a) the land on which construction will be carried out shall be exclusively owned by the applicant; the land may not be subject to a lien for the benefit of a third party, with the exception of a lien for the benefit of the Fund; ';
4. in Article 4, the following point (c) is inserted after point (b):
"(c) an apartment in which the construction works will be carried out in accordance with § 2 (b). (b) point 5 shall be exclusively owned by the applicant and the apartment shall not be subject to a lien for the benefit of a third party, except for a lien for the benefit of the Fund; ';
Points (c) to (m) shall be renumbered (d) to (n).
5. In Article 4 (d), "approved 'is replaced by" agreed'.
6. Paragraph 5 (1) reads as follows:
"(1) The beneficiary of the loan may conclude a lease contract for the rental apartment only with a natural person who proves that:
(a) the average net monthly income of the persons using the flat in the 12 calendar months preceding the conclusion of the lease contract does not exceed the limit laid down in paragraph 5;
(b) is a person dependent on the assistance of another natural person (4) or a third-degree disability (5);
(c) be deprived of the possibility of living as a result of a natural disaster;
(d) is a person of less than 30 years of age; or
(e) is over 65 years of age. ';
7. Paragraph 5 (2) is deleted.
Paragraphs 3 to 9 shall be renumbered paragraphs 2 to 8.
8. in Article 5 (2), the words "(a) 'are deleted;
9. In Article 5, the following sentence is added at the end of paragraph 2: "The Fund shall grant an exception to the restrictions provided for in the first sentence in cases of special consideration, in particular where the lessee or a member of his household owns only an apartment or a family house not suitable for his long-term residence, on the basis of a written request from the beneficiary, in which the reasons for the special consideration are provided. The exemption provided for in the second sentence shall be granted for a maximum period of 1 year and the lease relationship to which that exemption was granted shall be concluded for the duration of that exemption. ';
10. in Article 5 (4) (a), the words "points 1 to 3" shall be replaced by "to (d)";
11. in Article 5 (4) (a), the words "(a)" after the words "the condition referred to in paragraph 1" shall be deleted;
12. in Article 5 (4) (b):
"(b) with any natural person for a fixed period of no more than one year, the lease contract may not be renewed or re-concluded with that person; the conclusion of a lease contract with any natural person in accordance with the part of the sentence in front of the semicolon is possible if the municipality in which the rental apartments are situated does not propose to the recipient of the loan within a reasonable period of time after his notice of free rental to conclude a lease contract with a natural person meeting the conditions laid down in § 5 (1) or the natural person referred to in § 5 (1) refuses to conclude the lease agreement within a reasonable period of time or does not provide synergies to conclude the lease contract. ';
13. in Article 5 (5) of the introductory part of the provision, the words "point 1" shall be deleted;
14. in Article 5 (5) (a), "0,8" is replaced by "0,75."
15. in Article 5 (6), "(a) (2) to (4)" is replaced by "(b) to (e)";
16. in Article 5 (6), "6" after "paragraph" is replaced by "5."
17. in Article 5 (7), the words "point 1" shall be deleted;
18. footnote 6 reads:
"6) § 22 of Act No. 89 / 2012 Coll., Civil Code. '.
19.
"7) § 2275 of the Civil Code. '.
20. in Article 6 (2), the words "to allow the use of a rental apartment other than for rental housing," shall be inserted after the words "its parts in sublease 7";
21. in Article 6 (2), the words "which secure the loan granted by the Fund under this Regulation" shall be replaced by the words "State or State Fund, if the Fund has given its prior consent."
22. in Article 6 (3), the words "apartment building with rental apartments" are replaced by the words "rental apartment" and the words "rental apartments" are deleted;
23. in Article 6 (4), the words "land or" shall be inserted after the words "must not be" and the word "building" shall be replaced by "building."
24th Paragraph 7 (1) reads:
"(1) The amount of the interest rate shall not be lower than the European Unionbase reference rate (8) and may be lower or equal to the European Union base reference rate plus the relevant risk premium (9) according to client creditworthiness and credit collateral. ';
25. Footnote 10:
"(10) Commission Regulation (EU) No 1407 / 2013 of 18 December 2013 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid. '
26. in Paragraph 8 (3), '70' is replaced by '90';
27. in Article 8 (4), the word "building" is replaced by "buildings" and the last sentence is deleted;
28. in Article 9 (3) (a), the word "buildings" is replaced by the word "buildings."
29. in Article 9 (3), point (b) is deleted;
Points (c) to (h) shall be renumbered (b) to (g).
30. in Article 9 (3) (b):
"(b) the proof that the applicant 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, does not have a non-payment in respect of insurance premiums and periodic penalty payments in respect of public health insurance, and does not have an underpayment in respect of insurance premiums and periodic social security and contribution to the state employment policy,"
31. in Article 9 (3), point (c) shall be deleted;
Points (d) to (g) shall be renumbered (c) to (f).
32. in Article 9 (6) (a), the words "the declaration of the building with the indication of the takeover by the competent building office," and the words "the applicant's statement that no decision has been taken by the building office within the statutory time limit of the prohibition on the implementation of the construction site," shall be deleted;
33.Paragraph 11 (3) reads as follows:
"(3) The loan shall be payable up to 30 years from the date of completion of the construction. '
34. In Article 11 (6), the words "or if it appears that the applicant has infringed or communicated false or incomplete information pursuant to Article 9 'shall be added at the end of the text of point (b).
Transitional provisions
1. Legal relations arising under Government Regulation No 284 / 2011 Coll., as effective before the date of entry into force of this Regulation and the rights and obligations arising therefrom, shall be governed by Government Regulation No 284 / 2011 Coll., as effective before the date of entry into force of this Regulation.
2. In the case of a loan application pursuant to Government Decree No. 284 / 2011 Coll. submitted before the date of entry into force of this Regulation, the conditions laid down by Government Decree No. 284 / 2011 Coll., as effective before the date of entry into force of this Regulation, apply to the conclusion of a credit agreement and to the granting of credit.
3. Legal relations arising under Government Decree No. 481 / 2000 Coll., as effective before the date of entry into force of this Regulation and the rights and obligations arising therefrom, shall be governed by Government Decree No. 481 / 2000 Coll., as effective before the date of entry into force of this Regulation.
4. The right to apply for an amendment to the grant contract pursuant to Article 3 (2) of Decree No. 481 / 2000 Coll., as effective before the date of entry into force of this Regulation, shall remain in the municipality and shall be treated in accordance with § 3 (2) and (3) of Decree No. 481 / 2000 Coll., as effective before the date of entry into force of this Regulation.
5. Legal relationships arising under Government Regulation No. 146 / 2003 Coll., as effective before the date of entry into force of this Regulation and the rights and obligations arising therefrom, shall be governed by Government Regulation No. 146 / 2003 Coll., as effective before the date of entry into force of this Regulation.
6. The right to apply for the conclusion of an agreement amending the terms of the grant provided for in Article 4 (3) of Decree No. 146 / 2003 Coll., as effective before the date of entry into force of this Regulation, remains with the municipality and is followed by Article 4 (3) of the Decree No. 146 / 2003 Coll., as effective before the date of entry into force of this Regulation.
7. Legal relationships arising under Government Regulation No 333 / 2009 Coll., as effective before the date of entry into force of this Regulation and the rights and obligations arising therefrom, shall be governed by Government Regulation No 333 / 2009 Coll., as effective before the date of entry into force of this Regulation.
Repeal
The following shall be deleted:
1. Government Decree No. 481 / 2000 Coll., on the use of the resources of the State Housing Development Fund in the form of a grant to cover part of the costs associated with the construction of flats.
2. Government Decree No. 294 / 2001 Coll., amending Government Decree No. 481 / 2000 Coll., on the use of State Housing Development Funds in the form of a subsidy to cover part of the costs associated with the construction of flats.
3. Government Decree No. 141 / 2002 Coll., amending Government Decree No. 481 / 2000 Coll., on the use of State Housing Development Funds in the form of a grant to cover part of the costs associated with the construction of flats, as amended by Government Decree No. 294 / 2001 Coll.
4. Government Decree No. 145 / 2003 Coll., amending Government Decree No. 481 / 2000 Coll., on the use of State Housing Development Funds in the form of a grant to cover part of the costs associated with the construction of flats, as amended.
5. Government Decree No. 303 / 2005 Coll., amending Government Decree No. 481 / 2000 Coll., on the use of State Housing Development Funds in the form of a subsidy to cover part of the costs associated with the construction of flats, as amended.
6. Part of First Government Regulation No. 209 / 2013 Coll., amending certain government regulations on the use of State Housing Development Funds.
7. Government Decree No. 146 / 2003 Coll., on the use of the resources of the State Housing Development Fund to cover part of the costs associated with the construction of apartments for income-defined persons.
8. Part Three of Government Decree No. 98 / 2007 Coll., amending certain government regulations on the use of State Housing Development Funds.
9. Part Three of Government Decree No. 209 / 2013 Coll., amending certain government regulations on the use of State Housing Development Funds.
10. Government Decree No 333 / 2009 Coll., on the conditions for the use of the funds of the State Housing Development Fund to cover part of the costs associated with the construction of social housing in the form of grants to legal and natural persons.
11. Government Decree No. 228 / 2010 Coll., amending Government Decree No. 333 / 2009 Coll., on the conditions for the use of the funds of the State Housing Development Fund to cover part of the costs associated with the construction of social housing in the form of grants to legal and natural persons.
Efficacy
This Regulation shall enter into force on the 15th day following its publication.
Prime Minister:
Sobotka v. r.
Minister for Local Development:
Ing. Šlechtová v. r.
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Regulation Information
| Citation | Government Regulation No. 78 / 2016 Coll., amending Government Regulation No. 284 / 2011 Coll., on the conditions for granting and using the funds of the State Housing Development Fund in the form of a loan to support the construction of rental apartments on the territory of the Czech Republic, as amended by Government Decree No. 268 / 2012 Coll., and repealing some government regulations |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 17.03.2016 |
|---|---|
| Effective from | 01.04.2016 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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