136
ACT OF THE NATIONAL COUNCIL OF THE SLOVAK REPUBLIC
 dated 26th June 1995
 
on professional competency for selected activities in construction and on amendment and complementing of Act number 50/1976 Collection of Laws on Spatial Planning (Building Act) in wording of later regulations
 
The National Council of the Slovak Republic has passed the following Act :

 

Section I: General Provisions
Article 1: Purpose of this Act

 

This Act specifies the manner of obtaining and extinction of professional competency for selected activities in construction 1) (hereinafter only "professional competency").

 

Article 2
Professionally Competent Persons
  1. A professionally competent person is that person who is entered in the register of professionally competent persons (hereinafter only "register") (Article 7).
  2. A professionally competent architect is that person that is authorised to work out spatial planning supporting materials, spatial planning documentation, design surface structures, execute activities of the construction supervision (Article 2 paragraph 4) and who is entered in the register (Article 7).
  3. A professionally competent engineer is that person, who is authorised to design structures, to work out spatial planning supporting materials, to participate in working out of spatial planning documentation, to execute static calculations of bearing constructions of structures, to carry out an activity of a construction manager and activities of construction supervision or to carry out research, testing and diagnostics of structures and is entered in the register (Article 7).
  4. A professionally competent technician is that person, who is authorised to design simple and minor structures 2) except for the structures for human habitation3) or to authorise activities of a construction manager, activities of construction supervision and has been entered into the register (Article 7).
  5. The scope of professional competency will be specified to the applicant who has passed the specialised examination (hereinafter only "examination") by the competent examination board on basis of the supporting materials or documentation submitted by him/her.
Article 3
Professional Competency

Professional competency is summary of theoretical knowledge, practical experience, knowledge of generally binding legal regulations and technical standards that are necessary for execution of selected activities in construction.

 
Acquirement and Extinction of Professional Competency
 
Article 4
Examination
  1. Everyone will be admitted to the examination who
  1. fully capacitated to legal acts
  2. has permanent residence on the area of the Slovak Republic or permit for permanent or long time residence on the area of the Slovak Republic
  3. has acquired education and experience
  4. is unimpeachable
  1. As required education is considered to be the following
  1. for a professionally competent architect under Article 2 paragraph 2 university qualifications in the field of architecture
  2. for a professionally competent engineer under Article 2 paragraph 3 university qualifications of civil engineering concentration and in case of technological or energy equipment for structures and networks for transmission of energy and telecommunication networks, appropriate secondary school qualifications of technical concentration.
  1. As required experience is considered to be experience in the field, which is the object of the examination
  1. for a professionally competent architect and for a professionally competent engineer at least five years
  2. for a professionally competent technician at least eight years
  1. As required qualifications under paragraph 2 the examination board (Article 5 paragraph 4) can recognise also other education in case of a person, who has had experience of at least ten years and demonstrated the necessary competence (Article 3).
 
Article 5
Examination Board
  1. An examination for demonstrating of professional competency for working out of spatial planning supporting materials and spatial planning documentation is being passed before the examination board at the Slovak Chamber of Architects.4)
  2. An examination for demonstrating of professional competency for working out of spatial planning supporting materials and participating in spatial planning documentation is being passed before the examination board at the Slovak Chamber of Civil Engineers.5)
  3. An examination for demonstrating of professional competency for static and dynamic calculations for constructions of structures, performance of activities of the construction manager and for execution of activities of construction supervision, for research, testing and diagnostics of structures is passed before the examination board at the Slovak Chamber of Civil Engineers.
  4. An examination for demonstrating of professional competency for design of structures and for execution of activities of construction supervision is being passed before the examination board at the Slovak Chamber of Architects or before the examination board at the Slovak Chamber of Civil Engineers according to the specialised education of the applicant.
  5. For passing of an examination the minister of the environment, after having deliberated it with the Slovak Chamber of Architects and the Slovak Chamber of Civil Engineers (hereinafter only "Chamber"), will appoint an examination board consisting of prominent specialists from theory and practice.
Article 6
Re-examination
  1. On basis of the proposal of the Ministry of Environment of the Slovak Republic (hereinafter "Ministry"), competent central institution of state administration 6) or Chamber, the examination board will re-examine the professionally competent person that has made significant faults of professional character in execution of selected activities in construction.
  2. A professionally competent person that at least for five years has not been performing selected activities in construction, for which s/he has professional competence, is obligated to notify to the Chamber that s/he has not been executing the selected activities within the stated period. If after this period s/he wants to continue in the selected activities in construction, s/he is obligated to request the examination board at the appropriate Chamber for re-examination.
  3. On basis of the proposal of the Ministry of Environment of the Slovak Republic or competent central institution of state administration7) the examination board will re-examine the professionally competent person if there appeared principal changes in legal regulations concerning selected activities in construction.
  4. For re-examination the provisions of Article 4 apply adequately.
Register
Article 7
  1. Register is a public list into which the persons that have passed the examination are being entered.
  2. Register is kept by the appropriate Chamber.
  3. Every major person can have a look into the register and make excerpts from it.
  4. The following is entered into the register
  1. name and surname
  2. personal number
  3. address of the permanent residence or as the case may be of long time residence
  4. name and address of office, place of work or studio
  5. form of execution of the selected activity (Article 13 paragraph 1)
  6. scope of professional competence
  7. date of passing the examination
  8. date of issuance of certificate on professional competence
  9. time period for which the professionally competent person is being entered into the register (Article 8 paragraph 3b)).
  1. Professionally competent person is obligated to notify to the chamber the changes in data under paragraph 4 within 15 days from the day when they appeared.
Article 8
  1. The Chamber will enter the name into the register of everybody, who has successfully passed the examination under this Act, within 15 days from passing the examination. The entry into the register will be notified by the Chamber to the Ministry within further 15 days.
  2. If the Chamber does not act under paragraph 1 the applicant can request the prosecutor’ s office to remove the inactivity of the Chamber.8)
  3. On basis of a written application the Chamber can enter into the register also the name of the person that has passed
  1. a similar examination abroad and when the reciprocity of the entry under international agreements of agreements between Chambers has been ensured
  2. a similar examination abroad but the reciprocity of the entry under international agreements of agreements between Chambers has been not ensured; the entry will be executed by the Chamber for definite period.
Article 9
  1. The Chamber will delete from the register the following person
  1. who died or was declared to be dead
  2. who has been deprived of legal capacity or whose legal capacity has been restricted
  3. who has applied for deletion in writing
  4. who has not been successful in re-examination
  5. who refused to participate in re-examination or avoids it in another way
  6. who has not fulfilled the notification obligation (Article 6 paragraph 2 and Article 7 paragraph 5),
  7. for whom the time of validity of entry expired (Article 8 paragraph 3b)),
  8. who has been effectually sentenced to unconditional imprisonment for wilful crime in connection with performance of professional competency.
  1. The entry in the register and deletion from the register will be published by the Ministry in its bulletin together with data under paragraph 1.
  2. Against the decision on deletion from the register the relief can be filed at the Court 9) by the person who has been deleted from the register. A copy of the proposal will be delivered to the Chamber.
  3. The decision on deletion from the register, which has not been examined by the Court can be examined by the prosecutor on his/her own initiative or on basis of a stimulus.10)
  4. The decision on deletion from the register will be delivered by the Chamber to the employer of the deleted person or to the Small Businesses Office within 15 days from this notification or within 15 days from validity of the decision of the Court.
  5. The professional competence under this Act discontinues after the decision of the Chamber or on basis of the validity of the decision of the Court on deletion from the register.
 
Common Provisions
Article 10
Registration Number
  1. Each professionally competent person entered in the register has been assigned a registration number.
  2. The registration number means order of the entry in the register, code of scope of professional competence and the last two digits mean the year of entry.
  3. The registration number is entered in the certificate of professional competence and in the seal.
Article 11
Certificate of Professional Competence
  1. The certificate of professional competence will be issued by the Ministry. It is signed by the minister of the environment of the Slovak Republic or by him/her authorised representative and the chairman of the Chamber or a representative authorised by him/her.
  2. The certificate of professional competence (hereinafter only "certificate") will be handed over to the person that has acquired the professional competence by the Chamber within 30 days from the entry into the register.
  3. A certificate contains
  1. name and surname
  2. personal number
  3. registration number
  4. scope of professional competence
  5. date of issuance
  6. period of validity (Article 8 paragraph 3b))
  7. stamp of the official seal of the ministry and Chamber
  1. The certificate certifies authorisation necessary under special regulations.11)
  2. The certificate loses the validity on the day of deletion of professionally competent person from the register.
  3. The person that has been deleted from the register is obligated to return the certificate to the Chamber within seven days from the delivery of the decision on deletion or within seven days from the validity of the decision of the Court on deletion from the register.
 
Article 12
Seal
  1. Professionally competent persons, in activities executed under Article 13 paragraph 1 letter a) use for certifying of the truth of written documents, which they have prepared, a stamp of their seal and a signature in their own hand.
  2. The seal has round shape with the diameter of 36 mm. In the text of the seal the name and surname with titles will be entered, denomination of the acquired competency (architect, engineer, technician) and a registration number.
  3. The seal will be ensured by the competent Chamber.
  4. The person that has been deleted is obligated to return the seal to the Chamber within three days from delivery of the decision on deletion from the register.
Article 13
Execution of Selected Activities in Construction
  1. The selected activities in construction can be, within the limits of the acquired professional competency, executed :
  1. independently in one’ s own name and on one’ s own responsibility12) or
  2. in the name and on the responsibility of a legal entity or a natural person authorised to do business in construction
  1. Design of structures under this Act can be executed in the name and on the responsibility of a legal entity authorised to do business in construction only in case when a professionally competent person has a position of a partner13) under hitherto regulations14) in it that guarantees for its liabilities by his/her assets or a position of an employee.
  2. An employee of the institution of state administration cannot execute selected activities in construction.
 
Article 14
Fees
  1. For an examination (Article 4), for re-examination (Article 6) and for entry into register (Article 7) the applicant pays fees the amount of which will be specified by the Chamber after an agreement with the ministry.
  2. The fees under paragraph 1 are revenues of the Chamber.
Article 15
Preliminary Provisions
  1. Validity of official certifications and issued certificates of special competency expires after passing of one year from the efficiency of this Act.
  2. Provision of paragraph 1 does not apply either to authorisation certificates of authorised architects and authorised engineers or to appointing of responsible geodetists under special regulations.15)
  3. Until the date entered in paragraph 1 the hitherto official certifications and issued certificates of special competency substitute an examination under this Act if
  1. they explicitly authorise to selected activities in construction
  2. they were issued by the central institution of state administration on basis of an examination passed before an examination board, which has been appointed by an examination board
  3. their validity has not expired by passing the time for which they had been issued
  1. Within 18 months from efficiency of this Act the legal entities and natural persons who do business in construction under this Act can ensure execution of activities of a construction manager and execution of activities of construction supervision by persons that are have not been entered in the register under this Act, if they have on the day of its efficiency
  1. secondary school education of civil engineering concentration and at least five years experience in these activities
  2. university education of technical concentration and at least four years of experience in these activities.
  1. A person that has acquired authorisation for design activities under special regulation16) by an examination passed after 18th May 1990, continually executes them according to it and fulfils other requirements under this Act, can within 90 days from efficiency of this Act request the Chamber for entry into the register (Article 7).A certified photocopy of the certificate on special competency authorising to design activities will be attached to the application.
  2. After the fees for entry into the register have been paid, the Chamber will enter the person entered in paragraph 5 into the register (Article 7) and will hand over to him/her a certificate on professional competency (Article 11) and a seal (Article 12) namely at the latest within six months from the efficiency of this Act.
  3. If the Chamber does not enter the name of the applicant into the register under paragraph 6 within months from accepting his/her application, the applicant will be notified about this and the reasons will be stated.
  4. After expiration of the time limit specified in paragraph 1 the legal entities and natural persons doing business in construction can execute selected activities in construction exclusively by means of professionally competent persons.
  5. Specialised examinations passed before the examination board before the day of coming into force of this Act, meeting requirements specified in it are considered to be examinations under this Act.
 
Section II
 

Act number 50/1976 Collection of Laws on Spatial planning and Construction Order (Construction Act) in wording of the Act number 103/1990 Collection of Laws and Act number 262/1992 Collection of Laws has been changed and amended as follows :

  1. Article 43 has been omitted
  2. In Article 44 inclusive the note concerning the reference2) bellow line paragraph 1 reads :
  1. For another builder only that legal entity or a natural person can build that has authorisation for construction or assembly work under special regulations2) and will ensure execution of activities of a construction manager by a professionally competent person (Article 46a paragraph 2d)).".
 
The note below line to reference 2) reads :
"2) Article 2 paragraph 2 of the Commercial Code
 
  1. Articles 45 and 46 are omitted.
  2. In Article 46a paragraph 1 at the end of the sentence the work "(authorisation)" is omitted.
  3. In Article 46a paragraph 2 reads :
"(2) Selected activities in construction for the purposes of this Act are considered to be the following activities
  1. working out of spatial planning supporting documents and spatial planning documentation
  2. design of structures
  3. static calculations of bearing constructions of structures
  4. execution of activities of construction manager and execution of activities of construction supervision
  5. research, testing and diagnostics of structures
  6. geodetic measurements for design activities and marking-out work."
  1. In Article 46a paragraph 3 the word "authorisation" is replaced by words "professional competence".
  2. Behind Article 46a a new Article 46b is inserted, which inclusive the note below line to reference 3) sounds:
"Article 46b
Basic Concepts
  1. Designing of structures is activity by which documentation of structures or design documentation of structures necessary for proceedings under this Act is being prepared.
  2. Static calculations of bearing structures of constructions are activities, which demonstrate that safety of construction is in compliance with the appropriate technical regulations.
  3. Activity of a construction manager is an activity, which ensures implementation of construction and proper execution of work under design documentation of construction and in accordance with requirements of a building permit.
  4. Activity of construction supervision is activity by which it is pursued, whether the structure is being carried out according to design documentation and according to conditions of building permit, whether safety, lives and protection of health on the construction have not been endangered, whether in execution of the structure endangering or damaging of environment above the level enacted by special regulation 3) does not appear and whether the public interests have not been endangered.
  5. Research, testing and diagnostics of structures are activities focused on finding out of real state of the object, its required mechanical bearing capacity, stability, fire safety, protection of health and environment, hygienic requirements, safety during use, protection against noise and saving of energy.".
The note below line to reference 3) reads :
  1. for persons that have certificate on professional competency under Article 46a and do not execute activities in compliance with this certificate a signal for re-examination will be given to the construction authority.".
Section III
Cancelling Provision

The following has been cancelled:

  1. Section II Act number 262/1992 Collection of Laws which amends and complements Act number 50/1976 Collection of Laws on Spatial planning and Construction Order (Construction Act) in wording of the Act number 103/1990 Collection of Laws
  2. Order of the Federal Ministry for Technical and Investment Development number 8/1983 Collection of Laws on special Competence for some Activities in Construction in wording of the Order of the State Commission for Scientific, Technical and Investment Development number 73/1987 Collection of Laws
  3. Order of the State Commission for Scientific, Technical and Investment Development number 186/1990 Collection of Laws on Authorisation to Design Activities.
Section IV
Force
This Act is in force from 1st July 1995
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