Decree of the Head of the Central Office for National Committees No 9 / 1962 Coll.
Decree of the Head of the Central Office for National Committees on the full text of Act No. 67 / 1956 Coll., on Housing Management
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9
DECLARATION
Head of Central Office for National Committees
of 22 January 1962
on the full text of Act No. 67 / 1956 Coll., on the Housing Management
According to Article II of Act No. 147 / 1961 Coll., I declare in the annex the full text of Act No. 67 / 1956 Coll., on the management of flats, as is apparent from later regulations.
As v r
Annex to Decree No 9 / 1962 Coll.
Law
of 20 December 1956 No 67 Coll.,
on housing management,
as amended
The National Assembly of the Czechoslovak Socialist Republic agreed on this law:
(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 obligation
(1) Home owners and apartment users are required to report to the national committee the facts they need to manage the flats under this law; they are also obliged to provide 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
LIST AND BODIES
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Local lists
(1) The local national committee shall keep in each municipality a list of persons who do not have their own apartment in the municipality or who live in their own apartment, which is disabled or inconvenient or who have to vacate, because the owner of the house has an executive title against them to clear it out and are applying for an apartment in the municipality (hereinafter referred to as "the applicants').
(2) In municipalities with more than 5000 inhabitants or head offices of the district national committee or designated by the district national committee, the local national committee will only list 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.
List 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, as set up by them (hereinafter referred to as the "Regional Administration"), shall keep for each municipality in which the interior department'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.
List of cooperatives
(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.
_
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 local national committee shall keep a special waiting list in addition to that list.
(2) The local national committee shall enter on the local list of candidates on the local list who, depending on the urgency of the housing needs and taking into account the importance of their work, shall be considered for the assignment of the apartment within the next period of time and shall determine for each candidate on the list the order of the apartment.
(3) If, during the period on which the waiting list is drawn up, housing is also allocated to the workers of the necessary services (Section 82 (2)), the local national committee shall enter into a special group on the local list of candidates whose residence 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 registered on a local list who have not been entered on the local list may submit a breakdown against this to the local national committee, which shall be decided within 30 days by the authority of the local national committee which issued the decision to draw up the list. However, no appeal can be made to the decision by which the local national committee has designated 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 employees 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 list of employees of the applicant organisation in agreement with the race committee of the Revolutionary Trade Union Movement (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 in the next period of time and shall determine the order of the applicant for each candidate on 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 local national committee has approved the list.
(2) The application of the organisation or cooperative for the approval of a waiting list shall be decided by the local national committee 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 an organisation or cooperative may appeal from the decision of the local national committee on the application for approval of a waiting list.
General provisions on waiting lists
Where waiting lists are mentioned in this Act, this is understood in cases where 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 LIST AND BODIES
(1) Local lists and local waiting lists are public and everyone can see them.
(2) The organisation and the cooperative must allow each member of their staff or member to examine the list and list of the 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
Local national committees allocate apartments to persons applying for them as well as replacement apartments to persons who are obliged to vacate the apartment on a request for removal (§ 42 (1)) or because the owner of the house has an enforcement title against them.
(1) The local national committee allocates apartments in its district.
(2) The replacement apartments shall be allocated by the local national committee, in whose area the apartment to be cleared is located. Where there is a replacement apartment in another municipality, it shall be assigned by the local national committee in whose area the apartment to be cleared is in agreement with the local national committee in whose area the replacement is located.
Method of allocation of flats
(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 local national committee, on a proposal from an organisation, regional administration or cooperative, allocates housing, interior and cooperative apartments.
(2) The local national committee shall assign the flat if the organisation, regional administration or cooperative no later than 30 days after the occurrence of the reporting obligation (Paragraph 2 (1)) proposes to the tenderer to whom the latter may be assigned under the terms of Paragraph 18.
(3) If the organisation, regional administration or cooperative of such a candidate does not propose within a specified time limit, 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 Interior or a member of the cooperative.
Legal consequences of the allocation
(1) The owner of the house can only appeal from the decision 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 the 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 local national committee on the allocation of the flat is taken between the person to whom the apartment was allocated and the owner of the house of the lease.
(2) The rent ratio shall be the date on which the decision 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 local national committee within 3 days of the receipt of the decision to award the apartment that he 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 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 local national committee shall declare the lease 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.
Liability for early allocation
(1) The local national committee shall be obliged to allocate the apartment with 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 at the time of 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 where the 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 local national committee a candidate to whom an apartment may be allocated under the terms of § 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 § 19 (2), or from the date on which the local committee's decision has become enforceable;
4. for other apartments since their announcement.
(3) If the local national committee has allocated the flat within the prescribed time limit and has notified it in due time of the applicant to whom the apartment has been allocated that it does not accept the apartment, the new 15-day period shall run for the allocation of the apartment from that notice.
If 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 flats
Military apartments shall be allocated by the Chief with the agreement of the local National Committee. The local national committee will 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, the legal consequences of the allocation of military flats are the provisions of Sections 20 (2) and 21 and 22.
(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.
BUILDING
Admission of the local national committee
(1) The conversion of apartments is permitted only with the permission 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 local national committee will be assigned to the shift 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.
Consent of the owner
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)).
Legal consequences of being admitted to an exchange
The owner of the house can only withdraw from the decision of the local national committee to join the shift if he requests the exchange of his consent.
(1) The decision of the local national committee to be appointed for the exchange arises 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 lease conditions arise from the date on which the decision of the local national committee to join the exchange became enforceable. Paragraph 22 applies mutatis mutandis.
Invalidity of admission to exchange
If the users of the apartments that have agreed to the exchange do not, for no serious reason, exchange the apartments within the time limit set by 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 local national committee finds that the exchange has been negotiated for profitable reasons or only for the sake of clarity in order to circumvent the provisions of this law, 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 six months is maintained where the local national committee has initiated proceedings.
Exchange 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.
BUSINESS
Admission of the local national committee
(1) The user of the apartment can give his apartment in whole or in part to sublet or use (hereinafter referred to as "sublease") only with the permission 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) Local National Committee cannot refuse admission to sublease
1. where the staff member of an organisation which has been seconded to a foreign office is subletting the whole apartment to another employee of the same organisation and who undertakes to enter it on the list of employees of the organisation after the termination of the lease contract, or if the entire apartment is sublet by a person who has left for a part-time job in another municipality;
2. if the user places part of his apartment in the sublet of a candidate on the waiting list (Sections 9 and 11).
(3) The provisions of the preceding paragraphs shall not apply to military flats.
Subsidies of military flats
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Regulation Information
| Citation | Decree of the Head of the Central Office for National Committees No 9 / 1962 Coll., on the full text of Act No. 67 / 1956 Coll., on the Management of Houses |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.01.1962 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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