Government Decree No. 97 / 2002 Coll.
Government Regulation on the use of State Housing Development Funds in the form of a loan to cover part of the costs of building an apartment by persons under 36 years of age
Valid
Regulation
Effective from 15.04.2002
97
GOVERNMENT REGULATION
of 20 February 2002
on the use of State Housing Development Fund funds in the form of a loan to cover part of the costs of building an apartment by persons under 36 years of age
The Government orders pursuant to § 9 of Act No. 211 / 2000 Coll., on the State Housing Development Fund and amending 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, to implement § 3 (1) (a) of this Act:
This Regulation regulates the scope and conditions of the granting of loans from the State Housing Development Fund ("the Fund ') to persons under 36 years of age (" the applicant') to cover part of the costs associated with the construction of the apartment.
This Regulation shall mean:
(a) building an apartment
1. construction of an apartment according to the Housing Act, 1)
2. building an apartment in a family house, 2) or
3. a change in the construction which arises from premises which have been co-ordinated for purposes other than housing;
(b) the applicant is a natural person who applies for a loan granted under this Regulation;
(c) the beneficiary of the applicant to whom the loan under this Regulation has been granted;
(d) by the transferee, the natural person to whom the right of ownership has been transferred or transferred to an apartment built in accordance with (a) at the time when the credit granted under this Regulation is not repaid.
(1) A loan under this Regulation may be granted to an applicant who has not completed the credit application year 36 years and is not the owner or co-owner of the apartment, apartment house (3) or family home.2)
(2) Where an application for a loan is submitted for the duration of the applicant's marriage, the credit may be granted if the conditions referred to in paragraph 1 are met by both spouses.
(3) A loan may be granted if the conditions laid down in paragraphs 1 and 2 are met for construction
(a) an apartment where the floor area of all the rooms of the apartment, including the rooms constituting the accessories of the apartment, does not exceed 80 m2; or
(b) an apartment in a family house with one flat if the floor area of all the rooms of the apartment, including the rooms which make up the accessories of the apartment, excluding the garage, does not exceed 120 m2.
(4) A loan under this Regulation may be granted for the construction of an apartment initiated on the basis of a building permit issued as from 1 January 2000 or following the fulfilment of other conditions required by the construction law after 1 January 2007.
(5) An apartment purchased by construction under this Regulation must be in the territory of the Czech Republic and must not be used for purposes other than the residence of the recipient or the acquirer during the repayment period.
(6) A loan under this Regulation may not be granted for the construction of an apartment for which a loan has been granted from the State Housing Development Fund pursuant to Government Decree No. 616 / 2004 Coll., on the use of the State Housing Development Fund funds in the form of a loan to cover part of the costs associated with the construction or acquisition of an apartment by certain persons under 36 years of age.
(1) Written loan applications are submitted to the Fund and are dealt with in the order in which they were received.
(2) The application for a loan always includes the name and surname, permanent residence and date of birth of the applicant, the amount of the loan requested and the type of construction of the apartment referred to in Article 2 (a).
(3) The loan is granted on the basis of a credit agreement concluded between the applicant and the Fund.
(4) Loans are granted in Czech currency.
(5) The loan cannot be granted to the beneficiary or the acquirer repeatedly. only one loan may be granted for the duration of the marriage; for the construction of an apartment for which a loan has been granted under this Regulation, no further loan under this Regulation may be granted.
(6) An apartment constructed pursuant to Article 2 (a) must be in the sole ownership of the beneficiary or the acquirer during the repayment period. Where a loan has been granted to one of the spouses, if the marriage persists, an apartment built in accordance with Article 2 (a) shall be, during the period of repayment of the loan in the joint capital of the spouses or in the sole ownership of the spouse to whom the loan was granted.
(1) The loan can be granted up to CZK 200,000.
(2) The credit facilities used up are remunerated at 3% at the interest rate per year. the interest on the spent part of the loan shall begin on the date on which the loan is drawn.
(3) The beneficiary must start drawing on the loan within 2 years of the effective date of the credit agreement.
(4) The loan may be drawn up within 3 years of the effective date of the credit agreement; by an amount which has not been exhausted after 3 years, the total amount of the loan granted shall be reduced.
(1) The loan is payable within 10 years of the date on which it was initiated. If, during the repayment of the credit, the beneficiary or the acquirer applies in writing for the interruption of the repayment of the loan for serious reasons, in particular the loss of employment or illness, the Fund may authorise the interruption of the repayment for up to 2 years. In that case, the maturity of the loan shall be extended by the period for which the interruption of the repayment was granted.
(2) The loan is repaid by regular monthly instalments involving the repayment of principal and interest on the account specified in the credit agreement; the beneficiary or acquirer may at any time pay extraordinary instalments and thus repay the loan prematurely.
(3) The Fund is entitled to withdraw from the credit agreement,
(a) if the beneficiary or the acquirer is late in paying at least 2 monthly instalments of the loan at the agreed amount and date and does not pay those instalments due within a maximum of 30 days of receipt of the Fund's written call for payment, unless it has been authorised to suspend the loan referred to in paragraph 1;
(b) if the recipient or acquirer fails to comply with the conditions set out in § 3 (5), § 4 (6) and § 5 (3).
(4) In the event of withdrawal from the credit agreement, the Fund shall be entitled to demand the immediate repayment of the amount due and not to pay the outstanding part of the loan. The credit agreement shall cease to exist on the date on which the communication from the Fund to the beneficiary or the acquirer is received that it is withdrawing from the contract. In the event of a breach of the conditions, the procedure shall be followed in accordance with the specific legislation.4)
(1) If the transfer of ownership rights to an apartment established pursuant to Article 2 (a) for which a loan has been granted under this Regulation is made to another natural person at a time when the loan is not repaid, the acquirer may assume the obligation to repay the loan only if it fulfils the conditions set out in Article 3 (1) and (2). If the acquirer does not fulfil the conditions set out in paragraphs 1 and 2 of Article 3, the beneficiary shall pay up the loan before the transfer of the ownership right to the apartment. Where the owner of an apartment with an agreement between the spouses or after the termination of the marriage by any means other than the death of the spouse becomes the spouse to whom the loan has not been granted, compliance with the conditions laid down in Article 3 (1) and (2) shall not be required.
(2) If the transfer of ownership to an apartment established pursuant to Article 2 (a) for which a loan has been granted under this Regulation is made at a time when the loan is not repaid, the acquirer may assume the obligation to repay the loan and compliance with the conditions laid down in Article 3 (1) and (2) is not required.
Specific legislation shall apply to the monitoring of compliance with the conditions for the use of the Fund under this Regulation and the application of penalties. 5)
This Regulation shall enter into force on 15 April 2002.
Prime Minister:
Ing. Zeman v. r.
Minister for Local Development:
Ing. Lachnit, CSc.
1) Act No. 72 / 1994 Coll., which regulates certain joint ownership relations with buildings and certain ownership relations with flats and non-residential premises and complements certain laws (the Housing Act), as amended by Act No. 273 / 1994 Coll., the Constitutional Court found published under No. 280 / 1996 Coll., Act No. 97 / 1999 Coll., Act No. 103 / 2000 Coll., Act No. 229 / 2001 Coll. and Act No. 451 / 2001 Coll.
2) § 3 (c) of Decree No. 137 / 1998 Coll., on general technical requirements for construction.
3) § 3 (b) of Decree No. 137 / 1998 Coll.
4) Act No. 218 / 2000 Coll., on budgetary rules and amending certain related laws (budgetary rules), as amended by Act No. 493 / 2000 Coll., Act No. 141 / 2001 Coll., Act No. 187 / 2001 Coll., Act No. 320 / 2001 Coll. and Act No. 450 / 2001 Coll.
5) Article 44 of Act No. 218 / 2000 Coll., as amended by Act No. 187 / 2001 Coll. and Act No. 320 / 2001 Coll. Act No. 320 / 2001 Coll., on financial control in public administration and amending certain laws (Act on financial control).
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Regulation Information
| Citation | Government Decree No. 97 / 2002 Coll., on the use of the resources of the State Housing Development Fund in the form of a loan to cover part of the costs of building an apartment by persons under 36 years of age |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 22.03.2002 |
|---|---|
| Effective from | 15.04.2002 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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