Regulation Starters Loan Municipality of Kerkrade

Article 1 Definitions

This regulation defines:

1. Applicant: the person, who alone or together with his or her partner buys or acquires a home for the first time and belongs to the target group of the Starter Loan pursuant to these regulations. In case of two applicants with respect to the same home, they are jointly considered as applicants and both must meet the above requirement of not having previously bought or obtained a home.
2. College: the College of Mayor and Aldermen of the Municipality of Kerkrade;
3. Combination Loan: an additional loan, taken out in addition to a mortgage loan, from which repayments on the mortgage loan may be made up to a maximum of 50% of the value of the financed home. This Combination Loan is offered inseparably with the Starter Loan and in this case is limited to a maximum of the amount of the Starter Loan.
4. Financial test; the test performed by SVn based on the applicable NHG rules, with which the amount of the Starter Loan is calculated.
5. NHG: Nationale Hypotheek Garantie, the advertising name of the guarantee provided by Stichting Waarborgfonds Eigen Woningen, based in The Hague;
6. Starter Loan: a loan that can be granted by SVn to Applicant for the purpose of financing his/her own home, together with a Combination Loan linked to the Starter Loan;
7. SVn: Stichting Stimuleringsfonds Volkshuisvesting Nederlandse gemeenten, having its registered office in Hoevelaken and its principal place of business in Amersfoort, financial services provider, registered under AFM license number 12013647;
8. Allocation: the decision of the Municipality on the basis of which the applicant can apply for the Starter Loan with SVn.

Article 2 Scope of application

1. This regulation applies only to loan applications:
   1. Target group: Of natural persons residing in the Netherlands who have no previous ownership of a home at the time of application. In the case of two prospective owners, neither owner must have previously owned a home.
   2. Markt and price segment: For the purchase of existing and newly constructed homes in the Municipality of Kerkrade with a maximum purchase (/acquisition) sum of € 245,000.00, including improvement costs (in the case of existing construction) and additional work (in the case of new construction). To calculate the amount of the Starters Loan, any improvement costs or additional work is taken into account. The purchase always meets the most current Requirements and Standards NHG.
2. The Applicant must personally occupy the home for which a Starter Loan is provided.
3. The regulation fits within the provincial frameworks.

Article 3 Budget

1. The Municipality of Kerkrade sets the budget available for allocating Starter Loans.
2. Starter loans are allocated only to the extent that the established budget is sufficient for this purpose.
3. Applications, which cannot be granted in connection with the second paragraph, shall be rejected by the College.

Article 4 Authority of the College

The college will test the application against articles 2 and 3. The college is authorized, subject to the provisions of these regulations, to determine whether the applicant may apply for a Starter Loan from SVn.

Article 5 Application and allocation procedure

1. An application for a Starter Loan shall be submitted to the College in a manner provided by the Municipality.
2. The college acknowledges receipt of the application within two weeks.
3. If the application does not contain all the information that the college considers necessary to make a decision, the college shall give the applicant the opportunity to complete the application within a period of four weeks.
4. If the application is not completed by the specified deadline, the college decides not to process the application.
5. The college will process applications in order of receipt.
6. The college shall make a decision within eight weeks of receiving the application, or after it becomes complete, and shall communicate it to the applicant by an allocation or rejection decision.
7. Failure to meet the deadline referred to in the sixth paragraph shall not cause the applicant to infer that his application has been or will be granted.
8. In the allocation, the maximum amount of the Starter Loan is determined. This is done on the basis of 20% of the purchase (contract) sum including improvement costs (for existing construction) and additional work (for new construction) up to a maximum amount of € 49,000.00.
9. The allocation or rejection referred to in paragraph 6 may be objected to and appealed against in accordance with the General Administrative Law Act.

Article 6 Rejection of application and revocation of allocation decision

1. Het college wijst een aanvraag voor een Starterslening af, indien:<
   1. the budget is not sufficient to grant the application; or
   2. any rules and/or provisions imposed by or under this regulation have not been complied with.
2. The college shall revoke an allocation decision Starters Loan if:
   1. The Starter Loan was assigned or determined based on inaccurate data; or
   2. the Starter Loan does not materialize.

Article 7 Financial review, provision and management of Starter Loan by SVn

The allocation by the college concerns a reservation for a Starter Loan from the municipal budget. The allocation for a Starter Loan is the starting point for an autonomous financial assessment by SVn.

1. With the allocation, an application for the Starter Loan can be submitted to SVn.
2. SVn determines the final amount of the Starter Loan based on the financial test. If the financial test is positive, SVn will make an offer. If the financial test is negative, SVn rejects the loan and informs the applicant and municipality accordingly.
3. SVn provides and administers an offered Starter Loan.
4. If the applicant does not agree with SVn's (financial) test, a complaint procedure can be initiated with SVn and then possibly with the KIFID or apply to the competent civil court.
5. SVn will reject an application for a Starter Loan in any case, in case of stacking with other purchase instruments, (interest rate) discount or financial arrangements, which conflict with the Starter Loan and/or affect the interests of the applicant, NHG or first lender.
6. The regulation is in accordance with SVn's Starterslening product specifications and the participation agreement concluded between the municipality of Kerkrade and SVn.

Article 8 Hardship clause

The Board may disapply or deviate from Article 2 paragraph 1, insofar as application in view of the interest of the applicant leads to an unfairness of a serious nature.

Article 9 Entry into force

1. This ordinance shall take effect as of Dec. 16, 2021.
2. With the entry into force of the Regulation Starters Loan Municipality of Kerkrade 2021, the Regulation Starters Loan Municipality of Kerkrade dated September 30, 2020 is repealed.

Article 10 Citation

This ordinance may be cited as "Starters Loan Ordinance Municipality of Kerkrade 2021".

Thus decided by the council of municipality of Kerkrade in its public meeting of December 15, 2021.

The Registrar,
D.G.M.G. Franssen

President,
T.P. Dassen-Housen