The Right to housing is not guaranteed by the Constitution. Only provisions guaranteeing protection of privacy and home are included. The main state instrument for support of housing is the State Fund for Promoting Housing. This instrument provides low interest loans to private applicants for purchasing of a flat/house or for specified re-adjustment of existing housing units.
In terms of the Council of Europe, Slovakia ratified the Revised European Social Charter on 23/04/2009, accepting 86 of the Revised Charter’s 98 paragraphs, except for the Article 31 on the right to housing. It signed but not yet ratified the Additional Protocol providing for a system of collective complaints on 18/11/1999.
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The main state instrument for support of housing is the State Fund for Promoting Housing (the activities of this Fund are regulated by Act Nr. 607/2003 and later amendments) that can provide low interest loans to private applicants for purchasing of a flat/house or for specified re-adjustment of existing housing units. The State Fund for Promoting Housing provides also financial loans for social housing (the municipality which is interested to build social flats can get a non-refundable subsidy of 20% of the costs, the rest of the necessary financial resources can be provided by the Fund in a form of a low interest credit). The complete competences concerning social housing are in the hands of the municipalities (however, most of the municipalities are reluctant to build social flats - or they are willing to do it in a limited amount - since they have to pay the costs for social housing from the municipal budget).
Other laws concerning housing are the following: the Civil Code (Act Nr. 19/1964 and further amendments) that regulates the protection of tenants; the Decree of the ministry of Finance Nr. 2/2008 that regulates rents in denationalized flats (temporarily, this norm can be abolished any time); and the Act Nr. 599/2003 that regulates state aid for people finding themselves in extremely bad social situation.
1. Access to housing of an adequate standard
More than 90% of the Slovak population is the owners of their homes. Therefore there is no specific legislation regulating access to housing of an adequate standard. The main state instrument for support of housing is the State Fund for Promoting Housing (the activities of this Fund are regulated by Act Nr. 607/2003 and later amendments) that can provide low interest loans to private applicants for purchasing of a flat/house or for specified re-adjustment of existing housing units (improving energy efficiency of houses, removing of systematic defects in panel apartment buildings build in 1970 ies and 1980 ies). Standard of housing was legally regulated during the communist regime when citizens were assigned to rental flats under legally defined criteria (e.g. a minimum surface of 12 m2 in a flat was fixed for one person). In 1993 Act Nr. 182/1993 on ownership of flats was adopted. This act enabled tenants living in publicly owned flats to purchase their flats at favorable conditions (at symbolical prices of 1000 – 1500 EURO). The exemption is the tenants in houses handed over to private persons within the process of restitution of nationalized property and privatization. Those people have been deprived the opportunity to purchase a flat at favorable conditions and became a marginalized group. As more than 90% of the flats were privatized the regulation of standard of housing became non actual. Topics related to housing are regulated by specific legislation (e.g. the maximum intensity of noise in inhabited areas, the minimum intensity of daily light, regulation on night silence etc.).
2. Prevention and reduction of homelessness
The Civil Association Právo na bývanie (Right to Housing) represents sitting tenants and their interest. Therefore we cannot provide information on the abovementioned topic.
3. Accessible housing to those without adequate resources
Although the State Fund for Promoting Housing provides financial loans for social housing (the municipality which is interested to build social flats can get a non refundable subsidy of 20% of the costs, the rest of the necessary financial resources can be provided by the Fund in a form of a low interest credit) there is no precise definition what social housing is. According to the criteria of the Ministry of Construction (the authority responsible for the housing agenda – this ministry will be linked up with the Ministry of Economy by 1 July 2010) the person eligible for social housing can not exceed an income of 350% of the basic minimal income in Slovakia (the basic minimal income is about 190 EURO). The complete competences concerning social housing are in the hands of the municipalities (it is up to the municipality to decide whether it will build social flats or not, as well as who will eligible to be provided a social flat. Most of the municipalities are reluctant to build social flats (or they are willing to do it in a limited amount) since they have to pay the costs for social housing from the municipal budget. The big cities prefer promoting commercial projects of housing areas. In 2005 the Slovak government adopted its resolution called “Concept of housing of marginalized groups” however a governmental resolution is not generally binding (such document is binding only for the government itself) and no specific legislation has been adopted so far. There are also no statistics on the number of social flats in Slovakia, neither a central register of people applying for a social flat.
Legal developments on related rights (migration, health anti discrimination etc.)
In 2004 the Slovak Parliament adopted the co called “Anti discrimination Act” (Act Nr. 365/2004). This legal norm sets basic general principles of prevention of discrimination. There is however no legal norm guaranteeing social rights in this sense. The Association Právo na bývanie can not provide information on other topics like migration or health since this is not the subject of our activities.
LEGAL BACKGROUND
Please find below a short questionnaire on the legal background on the right to housing in your country
The vast majority of the housing units in Slovakia is in private ownership (estimated more than 90%). As an outcome of a state policy supporting ownership of homes the Slovakia has the second biggest share of citizens living in owned homes. During the communist regime building of family houses in rural settlements was supported directly by the state by direct financial subsidies as well as providing of parcels. Direct state subsidies were provided also after 1989. People in urban settlements were provided the possibility to purchase their previously hired state owned flats at symbolical prizes (approx. 1000 – 1500 EURO). Exceptions are only minorities like tenants in denationalized flats, extreme social weak people etc. For the above mentioned reason no specific legislation on the right to access to adequate housing has been adopted in Slovakia. The two relevant laws concerning housing are the Civil Code (Act Nr. 19/1964 and further amendments) regulating the protection of tenants, Decree of the ministry of Finance Nr. 2/2008 regulating rents in denationalized flats (temporarily, this norm can be abolished any time), Act Nr. 607/2003 on the State Fund for Promoting Housing and further amendments. This Act regulates state aid to building of social housing by providing loans to the municipalities. It is however up to each municipality whether it decides to use this instruments (loans from the fund must be paid back from municipal budget) as well as to assign target groups eligible for social housing. Act Nr. 599/2003 regulates state aid for people finding themselves in extremely bad social situation.
The Slovak Constitution does not contain provisions guaranteeing the right to housing, only provisions guaranteeing protection of privacy and protection of home.
As there is no right to housing there are no competences in this sense. At national level housing is the agenda of the Ministry of Construction that will be delimitated to the Ministry of Economy by 1 July 2007. Social aid (including benefits for covering some costs related with housing) is the agenda of the Ministry of Labor and Social Affairs. Social housing is in the competence of the municipalities.
