Decree of the Ministry of Finance No. 85 / 1997 Coll.
Decree of the Ministry of Finance on rent from apartments acquired in cooperative housing construction and payment for transactions provided with the use of these flats
Valid
Order
Effective from 01.10.1997
Text versions:
01.10.1997
30.04.1997
85
DECLARATION
Ministry of Finance
of 8 April 1997
on the rental of apartments purchased in cooperative housing and payment for services provided with the use of such flats
The Ministry of Finance provides pursuant to § 2 (2) (a) of the Act of the Czech National Council No. 265 / 1991 Coll., on the competence of the authorities of the Czech Republic in the field of prices, as amended by Act No. 135 / 1994 Coll.:
Preliminary provisions
This decree sets out the
(a) the determination of factually adjusted rent (1) from flats (hereinafter referred to as "rent") of housing cooperatives established after 1958, if these are flats built with financial, credit and other assistance provided under the rules on financial, credit and other cooperative housing aid, 2)
(b) the determination of the remuneration for the transactions provided with the use of the apartments referred to in (a) and of the flats acquired in accordance with the Specific Code on Housing (3) in houses in which at least one of the apartments referred to in (a) remain in the possession of the cooperative (hereinafter referred to as the "price of services");
(c) the way in which the rent and the price of the services between the lessor ("the cooperative") and the lessee and, where appropriate, the house manager (3) are negotiated and the owner of the apartment.
Definition of certain terms for the purposes of this Order
(1) The area of use of the apartment is the sum of the areas of all its rooms, including the rooms of secondary use exclusively by the tenant of the apartment, without the areas of home equipment, including cellars, adapted to the specific Regulation (4) (hereinafter referred to as the "commercial area of the apartment ').
(2) A spouse, children, grandchildren, parents, grandparents, siblings and son-in-law who live in the same household with the lessee and other persons who, together with the lessee, use the apartment or part of the apartment for a total period of at least three months a year shall be considered a member of the household for the purpose of discharging the price of the services.
Reduced rent
(1) Reduced rent includes the economically justified cost of the house, including the creation of reserves to cover it, less income from non-residential premises and other taxed income from the house, at an amount to be decided by the cooperative body which is entitled to do so under the statutes of the cooperative, hereinafter referred to as "cooperative body," and does not include profit. Services prices are not included in the rent. The economic eligible costs for the purposes of this Order are:
(a) repayments of long-term investment loan, (5) other investment and operating loans (hereinafter referred to as "loans") and interest thereon;
(b) the cost of repairing and maintaining apartments and houses and its accessories (hereinafter referred to as "house") and the cost of technical evaluations6) of the house;
(c) the costs of managing the cooperative and the house;
(d) house insurance costs;
(e) house-related property tax;
(f) costs related to the use of land belonging to the house in kind;
(g) the loss of the cooperative's management of the house declared for the previous year, if so decided by the highest body of the cooperative, (7) the authority responsible for such a decision under the statutes of the cooperative.
(2) The economic eligible costs referred to in paragraph 1 shall be divided into individual dwellings as follows:
(a) repayment and interest on loans [paragraph 1 (a)], according to the amount of the loan per flat;
(b) the cost of repair or maintenance of the house and, where applicable, the cost of technical evaluation of the house [paragraph 1 (b)], the cost of insurance of the house [paragraph 1 (d)] and any loss from the cooperative's management of the house declared for the previous year [paragraph 1 (g)] according to the ratio of the divided costs per apartment to the total divided costs incurred for the construction of the house, 8)
(c) interest payments on the loan prior to its transfer to a loan [paragraph 1 (a)], real estate tax [paragraph 1 (e)] and costs associated with the use of land [paragraph 1 (f)], according to the ratio of the utility area of the flat to the total utility area of all the flats in the house;
(d) the costs of managing the cooperative and the house (paragraph 1 (c)), at the level set by the cooperative's authority.
(3) The cost of maintenance and repair (including replacement) of water distribution and waste water drainage in the house, the acquisition, exchange and verification of water meters, the acquisition and repair of a common television antenna and other systems for receiving and distributing television and radio signals and electrical communication equipment in the house may be allocated by the cooperative as decided by the cooperative body in a manner other than those referred to in paragraph 2 (b), unless otherwise provided by the cooperative's statutes. 9)
Prices of services
(1) Service prices are the prices for central (remote) heating and for the supply of hot water, cleaning of common spaces in the house, the use of elevators, the supply of water from water pipelines and waterworks, the drainage of sewage, the use of household laundry, the lighting of common spaces in the house, the inspection and cleaning of chimneys, the removal of solid municipal waste, the removal of sewage and the cleaning of cesspools, or other services at which the cooperative with the tenant or, where appropriate, the owner of the apartment (hereinafter referred to as "the user of the apartment") agrees.
(2) Prices of services are negotiated in accordance with special regulations10) or decisions of the price authority. 11) Where such rules or decisions do not provide for regulation of service prices, their prices shall be agreed at an amount equivalent to those usual at the place and time of performance.
(3) The part of the costs associated with the use of non-residential premises cannot be included in the price of services.
(4) Prices of services are to be allocated to individual users of apartments in accordance with specific regulations, 12) or decisions of the price authority. 11)
(5) The prices of services for which the method of discharging referred to in paragraph 4 is not laid down shall be broken down by agreement between the cooperative and all users of apartments in the house. If there is no agreement between the cooperative and all users of apartments in the house on how the price of services is to be broken down, prices shall be charged for:
(a) use of the household laundry, ironing and drying facilities at rates per hour of operation or agreed unit of performance;
(b) checking and cleaning of chimneys according to the number of results used in the chimney;
(c) flat equipment with a common television antenna per apartment,
(d) other services, in particular cleaning of common spaces in the house, lighting of common spaces in the house, removal of solid municipal waste, removal of sewage and cleaning of cesspools and use of elevators as decided by the cooperative body.
(6) Where an agreement is reached between the cooperative and the users of the housing or a decision by the cooperative's body on how the prices of the services referred to in paragraph 5 (d) are to be broken down according to the number of members of the household, the condition of such agreement or decision to make a written acceptance of obligations by the user of the housing shall be that the cooperative be notified of a change in the operative event within the meaning of Article 6. The prices of the services referred to in point (d) of paragraph 5 shall then be broken down by household members collected during the year on the basis of the notice of the user of the apartment on average for the settlement period.
(7) In the absence of a decision by the cooperative body referred to in paragraph 5 (d), the prices of the services referred to in paragraph 5 (d) shall be broken down according to the ratio of the area of use of the flat to the total area of use of all the flats in the house.
(8) Unless otherwise provided for by the cooperative authority, the cooperative shall charge apartment users monthly advances for each type of service as a monthly share of the estimated annual price derived from the prices referred to in paragraph 2 for the previous year or the last settlement period or prices derived from the anticipated prices of the current year, provided that certain services have not been paid or provided in the previous period.
(9) During the year, after prior notification to the user of the apartment, the cooperative shall be entitled to change the monthly advances to the extent corresponding to the change in the price of the service or the change in the number of members of the household or other conditions under which the service is provided, in particular when changing the scope or quality of the service.
(10) The actual price and advance payments for each service shall be settled each calendar year at the latest, with the heating season being charged. 13) This procedure shall apply unless otherwise provided by the cooperative authority.
(11) The cooperative shall, at the request of the user of the apartment, demonstrate that the level of the service price corresponds to the prices referred to in paragraphs 2 and 3 and that it is evenly allocated to the monthly advances referred to in paragraph 8 and settled in accordance with paragraph 10.
Maturity of rents and advances for services
The rent and advance payments for services shall be paid on a monthly basis, not later than the last day of the calendar month for which the rent is paid, unless otherwise specified by the cooperative authority.
Amendment of operative events
The facts relevant for any change in the cost of services shall be notified to the cooperative within 30 days of their establishment. If the facts relevant to the discharging of service prices change, the amount of service prices shall be changed from the first day of the month following the change in that fact.
Provisions common, transitional and final
(1) The provisions of this Order also apply to the determination of rent
(a) and prices of services in family houses (14) owned by cooperatives for the construction of which financial, credit and other assistance has been granted under the rules on financial, credit and other assistance to cooperative housing construction (15) or individual housing construction (16)
(b) from flats acquired in cooperative housing in the form of superstructures and buildings to existing buildings for which a material burden has been imposed under a special rule. 17)
(2) Where ownership of certain flats is transferred in the housing houses referred to in § 1 (a) under a special housing property regulation, (3) refer to the provisions of § 3 on the costs of the house and their breakdown into individual flats of those houses owned by the cooperative.
(3) Paragraph 2 (2), § 4, 6 and 7 also applies to owners of flats acquired in accordance with the Specific Code on Housing (3) in houses with apartments or apartments owned by a cooperative, or to tenants of such flats. The provisions of Sections 4, 6 and 8 concerning cooperatives also apply to the trustee (3) entrusted with the provision of services in the house. Paragraph 5 also applies to the maturity of advances for services paid by owners or tenants of those apartments.
The rent regulation and the method of discharging the prices of services and their maturity shall also apply to rental relationships, provided that they continue on the effective date of this decree. The provisions of the preceding sentence shall also apply to owners of flats acquired in accordance with the special rules on the ownership of flats, 18) where applicable their lessee as well as to the trustee 3) entrusted with the provision of services.
Paragraph 11 to 13 of the Decree of the Federal Ministry of Finance, the Ministry of Finance of the Czech Republic, the Ministry of Finance of the Slovak Republic and the State Bank of Czechoslovak No. 78 / 1991 Coll., on the conditions for granting financial assistance for cooperative housing construction (published in the Financial Rapporteur No. 2-3 / 1991) is hereby repealed.
This Decree shall take effect on 1 October 1997.
Minister:
Ing. Coachman CSc. v. r.
1) Article 696 of the Civil Code.
2) In particular the Order of the Federal Ministry of Finance, the Ministry of Finance of the Czech Republic, the Ministry of Finance of the SSR and the President of the State Bank of Czechoslovakia No. 136 / 1985 Coll., on financial, credit and other assistance to cooperative and individual housing construction and modernisation of family houses in personal ownership, as amended by Decisions No. 74 / 1989 Coll., No. 73 / 1991 Coll. and No. 398 / 1992 Coll.
3) 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 certain laws (the Housing Act).
4) Section 4 of the Decree of the Federal Ministry of Finance, the Ministry of Finance of the Czech Republic, the Ministry of Finance of the Slovak Republic and the State Bank of Czechoslovak No. 78 / 1991 Coll., on the conditions for granting financial assistance for cooperative housing construction (published under No. 3 in the Financial Rapporteur No. 2-3 / 1991).
5) E.g. § 7 and 8 of Decree No. 136 / 1985 Coll. and § 8 of Decree No. 78 / 1991 Coll.
6) § 33 of the ČNR Act No. 586 / 1992 Coll., on Income Taxes, as amended by Act No. 259 / 1994 Coll. and Act No. 149 / 1995 Coll.
7) Paragraph 239 (4) (d) of the Commercial Code.
8) Sections 3 to 10 and 14 of Decree No. 78 / 1991 Coll.
9) Paragraph 687 (3) of the Civil Code.
10) Act No. 526 / 1990 Coll., on Prices.
11) For example, the order of the Ministry of Finance No 01 / 97 of 29 November 1996 issuing the list of goods with regulated prices published in the amount of 13 / 1996 of the Price Bulletin.
12) E.g. Decree No. 245 / 1995 Coll., laying down rules for heating and supply of hot water including the cost of buildings and between final consumers.
13) Decree No. 245 / 1995 Coll.
14) Paragraph 2 (2) (a) of Decree No. 136 / 1985 Coll., as amended by Decree No. 398 / 1992 Coll.
15) In particular the Decree of the Ministry of Finance No. 137 / 1968 Coll., on financial, credit and other assistance of cooperative and individual housing construction, as amended by Decree No. 14 / 1969 Coll.
16) In particular § 16 et seq. of Decree No. 136 / 1985 Coll.
17) § 28d of Act No. 42 / 1992 Coll., on the Treatment of Property Relations and Settlement of Property Rights in Cooperatives, as amended by the Legal Measures of the Bureau of the Federal Assembly No. 297 / 1992 Coll. and Act No. 72 / 1994 Coll.
18) In particular Law No 72 / 1994 Coll.
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Regulation Information
| Citation | Decree of the Ministry of Finance No. 85 / 1997 Coll., on the rental of flats purchased in cooperative housing and payment for transactions provided with the use of these flats |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.04.1997 |
|---|---|
| Effective from | 01.10.1997 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Civil law
Civil law substantive
The regulation text is for informational purposes only.
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