Applicants

Applicants who are legally entitled to replacement housing and who are included in the list of applicants have the legal right to remain in the restituted flats until the city provides them with replacement housing.

Flat owners also have a legal obligation to accept tenants until replacement housing is provided, and they cannot evict them unreasonably.

How long will the process take?

Currently, the city has started handing over the first replacement rental flats, which were refurbished at its expense. The city has several projects in process so that its obligation to provide replacement housing under Act No. 260/2011 Coll. can be fulfilled.

The possibility of temporary placement

The city is able to provide temporary placement in facilities for the elderly that have been established by the city to those applicants who have been legally granted the right to replacement housing and who have fundamental problems remaining in the restituted flats. In such cases, one should contact the Front Office on the ground floor of the City Hall building.

Who deals with suggestions?

These issues and specific suggestions are dealt with as a matter of priority by the staff of the Rental Housing Department.

Those affected by the restitution process

The city is obliged under Act No.260/2011 Coll. to provide replacement rental housing to those applicants who have been granted the right to it in the form of a replacement rental flat.

The city also has a legal obligation from 1.1.2017 to pay the owners of restituted flats the difference between the market rent and the regulated rent (hereinafter referred to as "compensation") until the provision of replacement housing to eligible applicants.

What important supporting documents do you need?

The basic document for the award of compensation is:

  • an expert opinion provided by an expert on buildings

As applicants for compensation, please also attach the following:

  • documents that sufficiently prove the justification of your claim for payment of compensation, such as information on the condition of the flat, the current amount of rent paid by the tenant as regulated rent and bank account statements

Lists of applicants

Lists of applicants who have been granted an entitlement to replacement housing under Act No. 260/2011 Coll. which are maintained by Bratislava, the Capital City of the Slovak Republic, pursuant to section 9(8) in conjunction with section 5(6) of Act No. 260/2011 Coll.

Please note that the lists contain all published decisions on the granting of the right to replacement housing (a replacement rental flat) which have entered into force and which have been assigned a binding serial number by the mayor of Bratislava in the form of a written confirmation.

The lists shall be amended continuously in accordance with the current factual and legal situation.

Documents

Forms

The city decides whether or not to grant the right to replacement housing in accordance with the law. Proceedings shall be initiated by the submission of an application that is accompanied by a declaration of assets.

A specific legal regulation – Decree No. 326/2011 Coll. of the Ministry of Transport, Construction and Regional Development of the Slovak Republic – has established templates for the submission of applications, preliminary applications, declarations of the applicant's assets and declarations of the assets of jointly assessed persons which can be found at the above link with the relevant forms.

Information and council resolutions

Here you can find City Council resolutions on the topic of replacement rental housing.

Information on submitted applications for subsidies for the acquisition of replacement rental flats, land and technical equipment according to Act No. 261/2011 Coll. on the provision of subsidies for the acquisition of replacement rental housing, as amended by Act No. 134/2013 Coll., submitted to the Ministry of Transport, Construction and Regional Development of the Slovak Republic in March 2016.

Need help?

If you are an applicant or restitution recipient of replacement rental housing, you can get information about the status of the provision of replacement housing:

  • Every Wednesday from 9:00 a.m. - 11:00 a.m. at the First Contact Office at the Bratislava City Hall, the information as well as the solution to each complaint is provided by the professional staff
  • Using online communication via e-mail: [email protected]

The following possibilities of access to information have been established by the Capital City of Bratislava for applicants and restituents of replacement rental flats in order to streamline communication and obtain up-to-date information.

Frequently asked questions

Can I still apply for a replacement flat as a tenant in a restituted residential building?

No. The deadline for submitting the application expired on 30 April 2013. The only exceptions are cases in which there is an ongoing court case concerning the building where the restituted flat is located.

In the event of a court dispute on the determination of the ownership of the residential building, on the transfer of a tenancy or on the exchange of the flat, the landlord (the owner of the flat/residential building) or the tenant may give notice of termination of the tenancy of the restituted flat within two months of the final decision of the court. In this case, tenants are entitled to apply for the allocation of a replacement rental flat within two months of receipt of the notice of termination of the tenancy of the flat. Otherwise, their right to the provision of replacement housing will expire.

At what stage is the construction of replacement rental housing?

Upon coming into office, the city’s current leadership immediately started to take the necessary steps to ensure the provision of replacement rental flats. They established a special working group, which, under the leadership of the Director of Bratislava City Hall, is actively engaged in solving this issue. The city has asked public and private institutions, city boroughs and other potential partners for help in providing replacement housing.

According to the binding lists, we are currently starting to hand over the first replacement rental flats which have been refurbished at the city’s expense. We are actively communicating with the new management of the Ministry of Transport and Construction to implement other projects, which are in various stages of preparation and development, in order to effectively resolve the issue of replacement rental housing.

What if the city has not procured replacement rental housing by the end of 2016?

In this case, the city has a legal obligation to pay the owner of the restituted flat each month an amount equal to the difference between the monthly market rent and the monthly regulated rent, calculated pursuant to section 4(1) of Act No. 260/2011 Coll., until the provision of replacement housing. The applicant's obligation to pay rent is not affected. (This claim shall be made by the landlord/owner of the restituted flat by making a written request to the municipal authority; the request shall be accompanied by documentation proving the reasonableness of the amount of the claim.)

What does this mean for applicants who have not been allocated replacement housing as of 1 January 2017?

Affected applicants who have been granted the right to replacement housing have the right to continue to live in the restituted flats until the city provides them with replacement rental flats.

What rent will applicants pay from 1 January 2017?

Applicants for replacement rental housing will continue to pay the regulated rent as before. The city is also obliged to pay the difference between the regulated and market rent to the owners of the restituted flats.

Can the owner evict the tenant from a restituted flat from 1 January 2017?

No. An owner cannot unreasonably evict a tenant who has been granted replacement housing until the city provides this housing. This obligation stems from Act 260/2011 Coll.

What are my options if I have fundamental problems living in a restituted flat (poor living conditions)?

For those applicants who have been legally granted the right to replacement housing and who have fundamental problems remaining in the restituted flats due to poor living conditions, the city is able to provide temporary placement in city facilities for the elderly. In such cases, one should contact the Front Office on the ground floor of the City Hall building.

What happens to a claim for a replacement rental flat if the applicant dies?

When an applicant who has been granted the right to a one-room replacement rental flat dies, the city decides on the termination of the claim. It stops proceedings in accordance with the Administrative Procedure Code and pursuant to Section 10 of Act No. 260/2011 Coll. and removes these proceedings from the list published on the web site. The same applies if both applicants die in the case of a claim for a two-room replacement rental flat.

In what order will the city allocate replacement rental flats to applicants?

The city will allocate replacement rental flats in the order in which the applicants are registered in the lists of applicants. The lists are published on the city’s website in the section entitled Replacement Rental Housing, and they are binding for the city according to Act No. 260/2011 Coll.

Can an applicant refuse the replacement rental housing provided by the city?

Yes. They can refuse the housing for reasons set out in the law. The replacement housing provided may be refused by the applicant if it does not meet the general technical requirements for buildings used by persons with reduced mobility and orientation according to a special regulation, and the applicant had requested the municipality to provide such replacement housing in their application (wheelchair users, etc.); if it does not comply with sec 5 (6) (number of rooms); or if it is not in a condition suitable for its proper use and does not allow the full and undisturbed exercise of the rights associated with the use of the flat.

In such cases, the city will correct the deficiencies for which the applicant refused the replacement housing, or it will provide the applicant with satisfactory replacement housing. Pursuant to section 10(3)(b) of Act No. 260/2011 Coll., an applicant who refuses the replacement housing for other reasons loses the right to receive replacement housing.

Can an applicant who is provided with a replacement rental flat then buy that flat?

Pursuant to Act No. 260/2011 Coll., the tenant's pre-emptive right under a special regulation (section 16 of Act No. 182/1993 Coll. on the transfer of ownership of flats and non-residential premises, as amended) is a mandatory part of the contract for the tenancy of a replacement rental flat.

Who can you contact for specific questions and suggestions?

Applicants for replacement rental flats and others affected by the restitution process can get the necessary information in the Front Office on the ground floor of the City Hall building.  The resolution of specific complaints will be prioritised by the staff of the Rental Housing and Property Management and Inventory Department in cooperation with the relevant Bratislava City Hall departments.

In order to provide better information, the city has ensured online communication for those affected by the restitution process and for applicants for replacement rental flats through the email address [email protected], where an authorised member of staff will deal with any questions or suggestions.