Decree of the Ministry of Interior No. 98 / 1967 Coll.
Ordinance of the Ministry of the Interior on payment for use of non-residential premises
Valid
Effective from 24.10.1967
98
DECLARATION
Ministry of Interior
of 10 October 1967
on payment for the use of non-residential premises
In agreement with the participating central authorities, the Ministry of Interior shall determine in accordance with Section 2 (b) of the Act No. 1 / 1963 Coll., on the Central Administration for the Development of the Local Economy, as amended by Section 6 (2) of the Act No. 115 / 1965 Coll., on changes in the organisation and scope of certain sectoral central authorities and in accordance with Section 34 (2) (d) of the Decree No. 47 / 1967 Coll., on prices:
Scope
(1) The Decree provides for reimbursement for the use of non-residential premises *) in buildings owned or managed by socialist organisations and in privately owned houses, * *) as well as residential premises used for non-residential purposes.
(2) Non-residential premises and apartments used for non-residential purposes in private-owned family houses and in houses with apartments and, where applicable, private-owned non-residential premises shall be covered only in the cases referred to in Sections 10 and 11.
(3) The decree does not apply to payment for the use of non-residential premises
- which it manages under its Statute the Administration of Services to the Diplomatic Corps. However, the provisions of the Decree shall apply in full to determine the remuneration between the owner (manager) of the non-residential premises and the Service Administration of the diplomatic corps;
- in the houses of construction housing cooperatives established after 1958, where such premises are used by members of the cooperative and cooperative or other organisations which provided financing for their construction under Decree No. 191 / 1964 Coll., on financial, credit and other assistance to cooperative construction and construction of family houses; * * *)
- which have been put into permanent use free of charge; †)
- provided by the investor in the building site facilities for the purposes of that installation;
- which are intended for temporary use and the use price is determined in accordance with specific price regulations † †) or the Agreement;
- for which the organisation has agreed otherwise on the amount of remuneration for use.
Determination of remuneration
(1) Annual remuneration for use of non-residential space is determined by the owner (manager) of the house
- a multiple of the floor area and the relevant rate per 1 m2 (§ 3 (1) and (2)),
- by increasing or reducing the rate, taking into account its quality (Sections 4 and 5).
(2) The payment for the use of non-residential space includes payment for cleaning and lighting common spaces in the house, chimney cleaning, removal of ash and garbage, removal of sewage and cleaning of cesspool. It does not include the remuneration for central (long-distance) heating, † †) aqueous and bulky, 1) the payment for the use of laundry detergents and the cost of the insurance of property. With a greater need for garbage containers (over 5 pieces), the owner (manager) of the house may require the user to provide an additional cost.
Rates per floor area of non-residential space
(1) The annual rates per m2 of floor area of the non-residential area are:
| - u restaurací, kaváren a obchodních místností v jednoúčelových zařízeních | Kčs 123,— |
| - u restauračních, kavárenských a jiných odbytových místností veřejného stravování, ubytování, obchodních místností a provozoven služeb ve víceúčelových zařízeních | Kčs 96,— |
| - u kin, kulturních sálů a společenských místností | Kčs 120,— |
| - u kanceláří, počet. stanic, laboratoří, zdravotnických středisek, jeslí, mateřských školek a podobných zařízení | Kčs 110,— |
| - u garáží, archivů a skladů | Kčs 70,— |
| - u dílen a jiných provozoven | Kčs 95,— |
| - u spojových provozoven | Kčs 84,— |
| - u ostatních nebytových prostorů (provizoria) | Kčs 50,— |
(2) For exhibition halls, annual rates per m2 of floor area shall be determined by agreement between the owner (manager) of the house and the user according to their equipment of 25 - 65 Kčs / m2. Paragraph 4 and 5 shall not apply.
(3) In the case of studios and workplaces of members of the Association of Czechoslovak Artists, payment is determined according to the rules on payment for the use of the apartment. *) Paragraph 4-6 shall not apply.
(4) The floor area of the non-residential space shall include the area of the main rooms and accessories, the area occupied by the stove or other heating equipment, the area of the inner staircase, the area of the arches and niche, if at least 1,2 m wide, 2 m high and 0,3 m deep, and the area occupied by other devices such as cold counters, etc., but not including the area of window and door concessions and the area covered by furniture built in the wall. If the non-residential space has a bevelled ceiling below 2 m above the floor, its floor area shall be calculated only by four fifths. The area of the stands in the halls, internal and external accessible balconies, logbooks and the area built in the interspace shall be counted in half. Common spaces (corridors, staircases and soil) shall not be counted. The total surface area shall be rounded to the whole m2 (up to 0,5 m2 inclusive downwards, above 0,5 m2 upwards).
(5) If one user uses several rooms for which different rates apply, the payment for each room shall be calculated separately at the appropriate rate.
Reduction of remuneration
(1) Reimbursement under Paragraph 2 (1) shall be reduced:
- Kčs 4, - per m2 per year, if the user of the non-residential space provides himself with the services referred to in § 2 (2),
- up to 30% if the non-residential space is of inferior quality (e.g. without tap, flushing toilet, wet, etc.).
(2) If the user has made adjustments with the consent of the owner (administrator) of the building by its own cost, which will increase its quality, the remuneration shall be reduced in order to ensure that the user recovers the costs involved.
Increase in remuneration
(1) Reimbursement for the use of non-residential space determined in accordance with § 2 (1) and possibly reduced in accordance with § 4 will be increased
- 15% if it is a non-residential space with central (remote) heating,
- up to 100% if it is an apartment used for purposes other than housing * *), with the exception of cultural halls, nurseries, nurseries and other health, social and physical establishments.
(2) If the house is of exceptional quality (e.g. equipped with air conditioning equipment, personal or cargo lift, refrigerated boxes or other equipment, travertine walls, marble, etc., in the case of warehouses with a tractor, palletisation, ramp etc.), the owner (manager) of the building may increase the remuneration (§ 2 (1) or reduced according to § 4, up to 40%.
(3) No increase shall be made if this equipment is carried out by the user with the consent of the owner entirely with his own cargo.
The local (urban) national committee may, where justified, provide for reductions and increases in remuneration for certain sites or circuits (Sections 4 and 5) by way of derogation.
(1) The local (urban) national committee may provide for an increase in remuneration for certain parts of the municipality, certain types of objects or individual objects (Section 2 (1)), taking into account the advantages of the location of the non-residential area in the municipality.
(2) To this end, municipalities are divided into three categories:
| I. kategorie: | města nad 200 000 obyvatel, |
| II. kategorie: | ostatní města nad 50 000 obyvatel a města a obce, které určí příslušný krajský národní výbor, |
| III. kategorie: | zbývající města a obce. |
(3) The increases in each category amount to a maximum of
| I. | II. | III. | |
|---|---|---|---|
| - u restaurací a kaváren | 300 % | 100 % | 50 % |
| - u ostatní obchodní sítě | 200 % | 100 % | 40 % |
| - u kanceláří, dílen skladů a garáží | 100 % | 50 % | 30 % |
(4) Where business rooms suitable for selling are used for other purposes and, for social reasons, it is desirable that they be intended for the sales activity of commercial organisations or paid services to the population, the remuneration (Paragraph 2 (1)) may be increased by up to 500% for rooms in Category I municipalities, up to 300% for municipalities in Category II, up to 100% for municipalities in Category III.
Reimbursement for the use of non-residential premises in privately owned family houses and in houses with apartments or, where applicable, non-residential premises in private
The amount of remuneration for the use of non-residential premises in private-owned family houses and houses with apartments or non-residential premises in private-owned houses shall be agreed between owners and users of non-residential premises.
Payment of remuneration for use
(1) The maturity of the remuneration for the use of non-residential premises is governed by specific provisions. *)
(2) Reimbursement shall be rounded to the nearest crown (up to 50 halos inclusive downwards, above 50 halos upwards).
Disputes on the amount of remuneration
(1) If the organisation (owner of the house) with the user of the non-residential space fails to assess the amount of remuneration for use, the local national committee shall determine it in accordance with this decree.
(2) Paragraph 1 shall also apply where the payment for the use of the non-residential space is not assessed by the owner of the private house or by the owners of a house with apartments or non-residential premises with the user of the non-residential space.
Transitional, common and repeal provisions
(1) Reimbursement under earlier contracts shall be adjusted to 1.1.1968.
(2) Reimbursements provided for in earlier contracts for the use of non-residential premises in private houses and in houses with apartments or non-residential premises in private property shall be adjusted in accordance with this Order on the date of its effectiveness, unless the owner agrees otherwise with the user.
It shall be repealed:
- Decree No 344 / 1952 Ú. l. (in Slovakia No 397 / 1952 Ú. v.), on rent from operating rooms in socialist buildings,
- Nutrition Board Directive 602 310 / 1947, on the highest direct rent from flats, operating rooms, offices and storerooms and the MH Board Instructions No. 280 / 1955 words.
This decree shall take effect on the day of its publication.
Minister:
Curry v. r.
*) The non-residential premises are complex sets of buildings or individual buildings intended exclusively or principally for purposes other than residential, or individual rooms and their accessories intended for purposes other than residential. The provisions of Decree No. 50 / 1955 Coll., on certain measures to ensure agricultural production, remain unaffected.
* *) Private houses are also considered to be owned by private legal persons, churches, religious societies etc. National housing houses are considered houses managed by socialist organisations.
* * *) In these houses the remuneration is determined according to § 3 (4) of Decree No. 191 / 1964 Coll.
†) § 10 of Act No. 104 / 1966 Coll., on the Management of National Property.
† †) For example, rates for the garage of motor vehicles according to the price list PaS 107, rates for the use of warehouses according to the price list PaS 105 etc.
† † (†) Decree No 197 / 1957 Ú. l., on the payment for central heating (district heating) and for the supply of hot water and Directive No 20 / 1965, on the fixing of a uniform price for heat supplied to the population from long-distance and industrial sources (PZ part 16- 17 / 1965).
1) Decree No 58 / 1954 of the Ú. l., on the payment for the supply of water from public water pipelines and waterworks and on the disposal of waste water by public sewerage and Directive No 112 / 1955 of the Ú. l. for the implementation of Decree No 58 / 1954 of the Ú. l., and the area used. Central Water Management No 1 / 1966, published in the Journal of the ÚSVH No 12 / 1966.
*) Decree No. 60 / 1964 Coll., on payment for use of the apartment and services associated with the use of the apartment.
* *) Obligation to pay the local fee according to excavation No. 112 / 1957 of the Úl for the local charge on flats, this is without prejudice.
*) Vl. nařízení č. 82 / 1953 Coll., which favours the payment of rent, as amended by statutory measure No 32 / 1958 Coll.
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Regulation Information
| Citation | Decree of the Ministry of the Interior No. 98 / 1967 Coll., on payment for use of non-residential premises |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 24.10.1967 |
|---|---|
| Effective from | 24.10.1967 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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