85/1976 Coll.
REGULATION of the Federal Ministry for Technical and Investment
Development
dated 14th July 1976
on More Detailed Adjustment of Spatial Proceedings and Building
Order
Amendment: 155/1980 Coll.
Amendment: 378/1992 Coll.
The Federal Ministry for Technical and Investment Development under
Article 143 par. 1 d) to j) of the Act No. 50/1976 Coll. on Spatial Planning
and Building Order (Building Act) decrees :
PART ONE
DEFINITION OF CONCEPTS
Article 1
Structures
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Structures are considered all to be all structures without taking into
consideration their
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structural and technical execution, for example buildings, towers, masts,
silos, hoppers, tanks, wells, communications, tunnels, bridges and foot-bridges,
platforms and ramps, crane ways, underground and overhead lines, tribunes,
walls, fences, monuments
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purpose, for example structures for housing, civic amenities, structures
for production and storage, for transport, power distribution, structures
for water management, structures and facilities for civilian defence, structures
for recreation
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time of duration
-
Structures can be
-
permanent
-
temporary, for which in advance will be specified the time of their duration,
for example structures of on-site facilities, structures established for
short time purpose, structures located on plots prospectively specified
for other use etc.
-
Alterations of completed structures are
-
superstructures, by which the height of the structures is increased
-
additional structures, by which the plan of the structure is extended and
which operationally are connected with the present structure
-
structural modifications, by which exterior plan as well as elevation delimitation
of the structure is maintained (for example reconstruction, construction,
substantial alterations of internal facilities, substantial changes of
appearance of the structure).
-
Under alterations of structures before their completion are understood
changes against the building permit, alternately against documentation
of the structure certified by a building office in the building procedure.
Article 2
Simple Structures
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Simple structures are
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structures for housing as long as their built-up area does not exceed 300
m, as long as they do not have more than 4 apartments, one underground
and three overground floors, inclusive attic
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structures for individual recreation
-
ground floor structures and structures of on-site facilities as long as
their built-up area does not exceed 300 m and the height 15 m
-
connections to public distribution networks and sewage
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supporting walls
-
underground structures, as long as their built-up area does not exceed
300 m2 and the depth 6 m
-
Simple structures are not considered to be; structures of storehouses for
combustibles and explosives, structures for civilian defence, fire protection,
structures of uranium industry and nuclear power facilities
Article 3
Minor Structures
-
Minor structures are structures that have a supplementary function for
the main structure ( for the structure for housing, civic amenities, for
production and storage, for structure for individual recreation etc.) and
which cannot substantially influence the environment, i.e.
-
ground floor structures, as long as their built-up area does not exceed
16 m2 and height 4,5 m for example sheds, laundries, summer kitchens, shelters,
facilities for containers and rubbish, structures for breeding of small
animals, agricultural minor structures, gate houses, dressing rooms, washing
rooms, hygienic facilities, saunas, depositories of bicycles and children’
s prams, waiting rooms and structures of sporting facilities
-
underground structures as long as their built-up area does not exceed 16
m2 and the depth 3 m, for example cellars, sumps without overflow
-
Minor structures are also considered to be also :
-
structures of legal entities and natural persons doing business under special
regulations on the forest soil, which serves for ensuring of forest production
and hunting, as long as their built-up area does not exceed 30 m2 and height
5 m, for example transportable simple shelters, feeders, feeders with moving
roof, feeding lines, deer-stands, storehouses, storage of food, tools or
fertiliser
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fences
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connecting of minor structures to distribution networks and sewage of the
main structure, 13)
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traffic island of public transport, crossings across pavements and into
neighbouring plots, 14) gates etc.
-
Minor structures are not considered to be structures of garages, storehouses
of combustibles and explosives, structures for civilian defence, fire protection,
structures of uranium industry and nuclear power facilities, structures
of house waste water treatment facilities
13) For connection applies particularly Regulation No. 144/1978 Coll.
on Public Water Supply Lines and Sewers - Articles 12 to 27 and ÈSN No.
73 6660 - Internal Waterducts and ÈSN 73 6760 - Internal Sewers
14) In road protection bands an exception must be permitted under Article
16 paragraph 3 d) Regulation No. 136/1961 Coll. by which an Act on Surface
Communications is executed.
Article 4
Military and other Structures
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For structures of military administration outside area of military districts
1) are considered to be structures serving for defence of the State established
within the competency of the Federal Ministry of Defence.
-
For structures of the Ministry of the Interior are considered to be structures
serving for execution of service of the Federal Ministry of the Interior,
Federal Security Information Service, Federal Police Force or for execution
of service of the Ministry of the Interior of the Czech Republic and Ministry
of the Interior of the Slovak Republic, Police of the Czech Republic and
Police Force of the Slovak Republic.
-
For structures of units of correctional institutions are considered to
be structures for service activities of the departments of units of correctional
institutions, particularly structures included into the plan of investment
construction of units of correctional institutions and structures within
administration and use of these units for service purposes of their departments.
-
For structures of uranium industry are considered to be structures built
or serving for purposes of extraction, processing, transport and storing
of radioactive raw materials on the area reserved for these purposes.
-
Structures in surface quarries and strippings are structures inside the
borders delimited by a line or really performed strippings or executed
extraction or in the area exposed to direct effects of extraction (for
example explosion work), as long as the plots have not been recultivated.
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1) Act No. 169/1949 Coll. on Military Districts
Article 5
Nuclear Facilities
For structures with nuclear facilities are considered to be structures
delimited by special regulations. 1a) In case of doubts whether it is a
nuclear facility decisive is the statement of the Czechoslovak Commission
for Nuclear Energy.
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1a) Article 2 Act No. 28/1984 Coll. on State Supervision over Nuclear
Safety of Nuclear Facilities
Article 6
Building Plot and Building Site
-
Under building plot is understood a part of the area specified by a spatial
plan of a zone or by a spatial project of a zone, by a spatial plan of
a settlement unit prepared in scale 1:5000 or in larger scale or by a spatial
decision for development and a plot built up by the main structure.
-
Building site is a place specified for execution of the structure or maintenance
work. It consists of a building plot, alternatively within the specified
scope also other plots or their parts.
PART TWO
SPATIAL PROCEEDINGS
(To Article 35, 37 and 39 of the Act)
Article 7
Proposal for Issuing of a Spatial Decision
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Proposal for issuing of a spatial decision is submitted by a petitioner
at the building office; the proposal contains
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name (denomination) and an address of the petitioner
-
subject of the spatial decision with brief characteristics of the area
and way of the hitherto use
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list and addresses of all known participants of spatial proceedings
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kinds and parcel numbers of affected plots according to records of properties
with data on ownership and other rights. 2)
-
In case of the proposal for issuing of a spatial decision in cases entered
in Articles 36 par.4 of the Act the data under paragraph 1 c), d are not
entered in the proposal.
-
The petitioner attaches to the proposal for issuing of the spatial decision
the following :
-
lay-out drawing of the present state of the area on basis of a land map
of records of property with drawn subject of spatial decision and its position
and with marked connections to the environment; if the proposal contains
extraordinary vast areas with a great number of participants of spatial
proceedings or positioning of a line structure then also a supporting map
in scale 1 : 10 000 to 1 : 50 000 will be attached with marked wider relations
(effects) towards the environment; lay-out drawing and supporting maps
will be attached in two copies;
-
standpoints, approvals, considerations, or as the case may be decisions
of affected institutions of state administration prescribed by special
regulations, for example on protection of agricultural fund.
-
The proposal for location of a structure will be completed by a petitioner,
according to the place, kind, scope and supposed effects of the structure,
by other supporting materials and documentation, from which particularly
the following must be sufficiently clear:
-
proposed location of structure on the plot inclusive its distances from
borders of plots and from neighbouring structures, in case it is necessary
also with marked elevation (as a rule in scale 1 : 500)
-
architectonic and town planning inclusion of the structure into the area,
its appearance and its graphic and plastic solution
-
data on operation or on production, inclusive basic technical data of the
proposed technologies and facilities
-
impact of the structure, operation or production on health and environment
and their assessment inclusive proposal for measures for removing or minimising
of negative effects
-
requirements on water management structures, energy, transport (inclusive
parking), disposal of waste and assumptions for connection of the structure
to the existing technical facilities of the area
-
affected protective bands or protected area
-
protection of structure against harmful influence and effects, inclusive
information on feasibility of geological and hydrogeological relations
in the area (not entered in case of structures under Article 2 of the Regulation),
-
scope and arrangement of the building site
-
introduction of green areas to open space
-
If it is a structure into which a nuclear facility shall be built in then
to the proposal for issuing of a spatial decision the petitioner attaches
an approval of the Czechoslovak Commission for Nuclear Energy, under special
regulations 3a) awarded on basis of consideration of the assigning security
administration, which contains particularly
-
assessment of the building site from the point of view of nuclear safety,
preliminary assessment of impact of nuclear facilities on the environment
-
assignment for project of a nuclear facility, resulting from requirements
on nuclear safety in the given locality.
-
With the affected institutions of state administration, the standpoints
or statements from which have been procured to the documentation required
in paragraph 3 a) and b) prior to the beginning of the spatial proceedings,
the building office will limit deliberations of proposal for issuing of
spatial decision according to the degree, up to which their requirements
have been fulfilled.
-
If the submitted supporting materials and standpoints do not suffice for
proper consideration of the proposal from the point of view of interests
pursued in the spatial proceedings the building office will specify the
scope, way and deadline of complementing them. The building office can
also specify a number of copies (or also their break-up) of supporting
materials of standpoints necessary for deliberations with participants
of spatial proceedings and with affected institutions of state administration.
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2) Act No. 22/1964 Coll. on Recording of Properties, Regulation No.
23/1964 Coll. by which the Act No. 22/1964 Coll. on Recording of Properties
is executed.
3a) Article 6 par.1 a) Act No. 28/1984 Coll.
Decision on Location of a Structure
Article 8
-
The building plot and location of the structure on it and conditions for
design preparation of structures alternatively location of information,
advertising and promotional facilities will be specified in the decision
on location of a structure.
-
The decision on location of the structure contains particularly
-
name (denomination) and address of the petitioner
-
kind and brief description of the structure and its capacity
-
kinds and parcel numbers of plots according to records of properties on
which the structure is being located, for line and extraordinarily extensive
structures the description of the area
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conditions of location and design preparation of the structure inclusive
scope and details on elaboration of design documentation
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decision on objections of the participants of the proceedings
-
time of validity of the decision
-
In the conditions of location of the structures particularly the requirements
for protection and creation of the environment, ensuring of harmony of
town planning and architectonic solution of the structure with the environment,
especially elevation and positional location of the structure, inclusive
distances from the borders of the plot and from neighbouring structures,
height of the structure, requirements resulting from protected areas or
from their vicinity and from the requirement resulting from standpoints
of affected institutions of state administration will be specified. In
compliance with the conditions the location of the structure or information,
advertising and promotional facilities will be marked in the graphic annex
to the spatial decision.
-
In case of information, advertising and promotional facilities the building
office can specify in the decision on location of the structure that the
issuing of permit for them is waived.
Article 9
-
The spatial proceedings on location of a simple structure or an additional
structure to it or a superstructure can be connected by the building office
with the building proceedings in cases, when the conditions of location,
because of circumstances in the area, are unambiguous, for other structures
it is possible to proceed in this way only when for the given area a spatial
plan or a spatial project for a zone has been approved.
-
The building office can waive issuing of decision on location of a structure
in the following cases
-
on plots in closed areas of existing structures, as long as the exterior
plan delimitation and height arrangement and exterior appearance of the
structure is not changed and as long as the operation of the newly located
structure does not impair the environment
-
for line structures the conditions of location of which are solved in details
by a spatial plan of a zone or a spatial project of a zone.
-
The decision on location of the structure is not required for
-
structural modifications and maintenance work
-
minor structures
-
structures located in closed areas and facilities of military administration
outside the area of military districts, in closed areas and facilities
of the ministry of the interior and units of correctional institutions
as long as the exterior plan delimitation of the area or facility has not
been altered
Article 10
Decision on Utilisation of the Area
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In the decision of utilisation of the area particularly these conditions
are specified :
-
terrain modifications which substantially change the appearance of environment
or outflow circumstances (hereinafter only "terrain modifications"), for
example backfilling, ditches, infilling, storage
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planting and bigger modifications of vineyards, hop-gardens, forests, orchards,
gardens, establishing of play-grounds, storing and parking areas
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division or connection of land as long as conditions for them are specified
in another decision or measure
-
If it is not enacted by other regulations otherwise a decision on utilisation
of the area also for extracting and work similar to it or connected with
it is issued (hereinafter only "extraction work") particularly for establishing
of quarries, sandpits, dumps and stock piles.
-
The decision on utilisation of the area contains particularly
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name (denomination) and address of the petitioner
-
parcel numbers of plots according to records of properties, brief description
of alteration in utilisation of the area
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conditions of new utilisation of the area
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decision on objections of participants of the proceedings
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time of validity of the decision
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The building office can decree in the decision on utilisation of the area
that it waives the issuing of the permit of terrain modifications.
-
In the conditions of new utilisation of the area is specified the way how
the area is to be modified, the way of its draining, connecting to transport
and distribution networks, requirements of the affected institutions of
state administration, requirements on protection of the existing structures,
green areas etc.
-
The decision on utilisation of the area will be linked together to the
decision on location of the structure, if on the plot, about which the
decision is, also a structure is to be carried out.
-
The decision on utilisation of the area is not issued in military districts
and in closed areas and for facilities of military administration outside
the area of military districts and in closed areas and facilities for execution
of activities and services of the Federal Ministry of the Interior, Federal
Security Information Service, Federal Police Force, Ministry of the Interior
of the Czech Republic and Ministry of the Interior of the Slovak Republic,
Police of the Czech Republic, Police Force of the Slovak Republic, Correctional
Institution Forces of the Czech Republic and Prison and Justice Guards
Units of the Slovak Republic.
Article 11
Decision on Protected Area
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In the decision on protected area or on protective band an area is specified,
in which certain activities are forbidden or limited because of the reasons
of protection of the interests of the society (protection of ambient air,
protection against negative effects, operation of industrial enterprises,
protection of mineral deposits, mine works, railways, telecommunication,
airports, areas for safeguarding of defence and security of the country,
distribution networks, geodetic points of basic position, elevation and
gravity field etc.).
-
If the protected area or the protective band is specified in a generally
binding legal regulation or decision of the competent administrative body
issued in accordance with it or if the government specifies them, the decision
on protected area or on protective band will not be issued.
-
The decision on protected area or on protective band contains particularly
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denomination (name) and address of the petitioner
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delimitation ( identification) of the area to which the protection applies
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conditions of protection
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time of validity of the decision if it is possible to specify it in advance
-
The way of protection, particularly prohibition, limitation or way of implementation
of structures, terrain modifications, extraction work, construction and
cloud-drift of trees, fertilising of soil, operation of high-frequency
devices will be specified in the conditions of the decision, the requirements
of the affected institutions of state administration will be ensured etc.
Article 12
Decision on Construction Closure
-
In the decision on construction closure the area is specified, in which
the construction activities are permanently or temporarily forbidden or
limited, particularly in case, when it could make the future utilisation
of the area or its organisation more difficult or impossible according
to the spatial and planning documentation under preparation.
-
The decision on construction closure contains particularly
-
denomination (name) and address of the petitioner
-
delimitation of the area alternatively of plots according to real estate
records, for which this prohibition or limitation of construction activities
applies
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scope of prohibition or limitation of construction activities
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time of validity of the decision if it is possible to specify it in advance
-
In the decision on construction closure it is not possible to prohibit
or to limit execution of maintenance work.
PART THREE
BUILDING ORDER
SUBSECTION 1
AUTHORISATION FOR BUILDING OF STRUCTURES
(To Article 44 of the Act)
Article 13
-
Legal entity or natural person doing business under special regulations,
who will be building the structure (or carry out work on the structure)
by himself and for himself and does not have building or assembly work
in the subject of his activities or business, shall ensure professional
guidance of the construction by an authorised person, who
-
controls the way and procedure of building a structure so as to ensure
safety and protection of health at work, proper installation and operation
of technical fixtures in the construction, professional storing and economic
use of building products and materials, feasibility of their use, professional
location of machines and equipment, keeping of building log etc.
-
is responsible for harmony of spatial position of the structure, for keeping
of general technical requirements for construction, Czechoslovak state
standards and other technical regulations and is jointly responsible for
keeping conditions of decisions issued for building of the structure (particularly
spatial decision and building permit),
-
acts so that the deficiencies, which were discovered in the structure,
are removed; if it is not possible to remove the deficiencies within the
professional supervision, they will be immediately notified to the building
office.
-
The person appointed for execution of professional supervision over building
of a simple or minor structure being built by self-help fulfils duties
under paragraph 1 b), c); apart from this s/he monitors
-
way and procedure of building the structure, particularly safety at work,
installation and operation of technical fixtures in the structure, feasibility,
storing and use of products and construction materials,
-
keeping of simple records about the structure
SUBSECTION 2
PERMITTING OF STRUCTURES AND ALTERATIONS OF STRUCTURES
Notification on Minor Structures, Structural Modifications
and Maintenance Work
Article 14
-
In the notification on minor structure the builder shall enter
-
kind, scope, purpose and location of the structure and simple technical
description of its execution
-
kind and parcel number of the plot according to real estate records, a
document, in which ownership or other right towards the plot will be demonstrated
-
who will execute the construction and whether for its execution the neighbouring
properties are to be used, or as the case may be the comments of the owner
of this property
Article 15
-
If the building office will notify in writing that there are no objections
against execution of the structure, it will append to the notice a simple
lay-out sketch. The copy of the notice with certified sketch will be handed
over to the locally competent local authority by the building office.
-
The notice of building office under paragraph 1 does not substitute the
decision of affected institutions of state administration under special
regulations. 15)
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15) For example under Article 13a and 14 Act No. 53/1966 Coll. on
Protection of Agricultural Soil in wording of Act No. 75/1976 Coll., Article
No. 61/1977 Coll. on Forests.
Article 16
-
In the notification of building modifications and maintenance work the
builder will enter
-
on which structure the modifications or work is to be carried out
-
their kind, scope, purpose and simple technical description
-
the document that s/he has an ownership or other right towards the structure,
which can be replaced by an affidavit or, if the modification or maintenance
work is executed by legal entity or a natural person as a lessee then the
written agreement with the owner of the structure.
-
To the notification of the building modification or maintenance work on
the structure, which is a cultural sight, the builder will append the standpoint
of the institution of state care for monuments.
Article 17
-
The building office can determine that the notified minor structure, building
modification or maintenance work can be carried out only basis of a building
permit (Article 57 par. 1 of the Act). In doing this the attention paid
especially to location, structural-technical implementation, purpose of
use of structure and its impact on the environment. The building office
considers these standpoints particularly in notification of a minor construction
or a building modification of a structure, the part of which operation,
production or technical facility.
-
In case of minor structures, building modifications and maintenance work,
after notification of which the building office has determined that they
are a subject of building permit, the builder shall add data entered in
Articles 14 and 16
-
by simple sketch of the structure or modification or by marking of building
modifications in the documentation of the structure, certified by the building
office; this is not submitted in case of maintenance work
-
lay-out and building drawings of on-site facilities if they are to be built
-
other supporting documents specified by the building office, which are
necessary for proper consideration of the matter.
Article 18
-
Maintenance work, which does not require the notification to the building
office is particularly
-
smaller repairs of facade, repairs of interior plaster, tiling of walls,
floors and paving, repairs of roof cover and surface of flat roofs, bodies
of chimneys, repairs of internal installations, replacement, repairs and
coatings of channels and waste rain downpipes, repairs of windows and doors
and their coatings, replacement of door and window wings and repairs of
fencing provided they do not change the appearance of the structure
-
replacement of non essential parts of the constructions of the structure
-
repairs of facilities of central heating, ventilative and air conditioning
facilities and lifts if it is carried out by authorised organisations or
persons
-
replacement of parts of fixtures (e.g. kitchen units, tubs and other common
fixtures of the structure).
-
If the maintenance work entered in paragraph 1 is to be carried out on
the structure, which is a cultural monument then they are subject to notification.
Article 19
The building office can permit a set of structures inclusive structures
of on-site facilities or submits individual structures of the set, which
are capable of independent use, under the condition of relocating of utilities
and on-site facilities. In doing this it considers important public interests
(protection of environment, protected areas, ensuring of complexity of
construction etc.) and can determine that the construction proceedings
will be executed only after extension of the application for other structures,
alternatively for the whole set of structures (Article 62 par. 1, b) and
c) of the Act).".
Article 20
-
In the application for a building permit according to the nature of the
structure the builder will enter
-
name (denomination) and address of the builder (in case of the legal entity
its place of business)
-
kind, purpose, lace of structure, planned date of completing of the structure
and in case temporary structure also time of its existence
-
parcel numbers and kinds (cultures) of the building plot and neighbouring
plots with entered ownership or other rights according to real estate records
or as the case may be other plots, which are to be used as a building site
(for example a part of a public area)
-
who will prepare the design documentation of the structure and a way of
execution of the structure (by means of suppliers or self-help)
-
basic data on the structure, its break-up, technical or production facilities,
future operation and its impact on the environment and connected measures
-
list and addresses of the participants of construction proceedings, which
are known to the builder, in case of line structures and especially extensive
structures with a great many of participants the list and addresses of
the participants are not entered
-
To the application the builder will append
-
documents by which he will demonstrate ownership or other rights towards
plots and structures, if the permit for a superstructure, construction
modification or maintenance work on the structure is requested by its lessee,
he shall append a written agreement with the owner of the structure. A
written agreement the person who has ownership rights or other rights towards
the land or structure (Article 139 par.1 of the Act), will be submitted
if he applies for a permission of temporary structure
-
design documentation in two copies, if the building office is not the local
community in the locality, in three copies
-
documents on negotiation with the institutions of state administration
and with the participants of construction proceedings, in case they were
kept in advance on the structure, and standpoints, approvals, alternatively
decisions of the affected institutions of state administration, if they
are subscribed by special regulations (e.g. on protection of agricultural
soil, forest soil, on protection of ambient air, on consideration of impact
on the environment, on protection of nature and landscape)
-
spatial decisions, if they were issued by other institutions than the building
office
-
declaration of an authorised person that s/he will ensure professional
guidance of the structure (Article 46a par.2 f) of the Act), if this will
be performed for itself and by itself by the legal entity or natural person
doing business under special regulations that has not building or assembly
work in the subject of its activities or business, 6a) then in case of
structures of other natural persons constructing by self-help, then a declaration
of a qualified person that s/he will execute the professional supervision
over the structure, is the builder himself/herself is not competent to
perform this supervision.
-
In case of a line structure and extremely extensive structure with a great
number of the participants of the proceedings, the building office can
determine the number of copies of supporting materials (alternatively also
their break-up) entered in paragraph 2, which are necessary for negotiations
particularly with affected institutions of state administration and communities.
-
In case of a structure into which a nuclear facility is supposed to be
built, to the application the builder shall append an approval of the Czechoslovak
Commission for Nuclear Energy, under special regulations 3a) awarded on
basis of consideration of preliminary safety report, which contains particularly
-
analytical and experimental evidence that the requirements for nuclear
safety , specified in the assigning safety report and special regulations,
we observed in the design documentation
-
program of quality assurance in production of components and construction
of nuclear facility and preliminary program of inspection of their operational
condition
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6a) Act No.455/1991 Coll. on Small Businesses (Trades Licensing Act)
Article 21
In case of a structure with unusual technology, for which unusual
way of building or design solution is to be used or in which a unique technical
equipment is to be installed that is not comparable with other already
tested equipment and in which the negative impact of the operation on the
environment cannot be reliably determined in advance, the builder will
add an opinion from the specialised centre, institution of higher learning
or a legal expert to the application for a building permit.
Article 22
-
The design documentation of the structure (design), which the builder submits
for building proceedings contains particularly :
-
appended report with basic data on the structure, in case the data entered
in the application for a building permit are not sufficient, information
on results of executed surveys and on observing of general technical requirements
for the construction
-
summary technical report from which the following must be sufficiently
clear
-
proposed town planning, architectonic and structural-technical solution
of the construction, of its structural parts and use of building materials
-
fire-safety solution
-
requirements on water management, energy, transport (inclusive parking),
disposal of waste and solution of connecting of the structure to the existing
utilities and sewerage
-
data on existing protective bands, overground and underground objects inclusive
utilities
-
for structures with operation, production or technical equipment data on
this equipment, on conception of storage, solution of internal transport
and areas for operation, maintenance and repairs, alternatively requirements
for performing of trial operation after completing the structure
-
lay out of the building site and safety measures in case of performance
of construction work under extraordinary conditions
-
fulfilling of conditions for protection of health and environment enacted
under special regulations
-
the whole situation of the structure (built-up plan) in scale as a rule
1:200 to 1:500 with marked borders of the plots, existing structures on
them, underground utilities and proposal of connections to utilities, marking-out
drawings or necessary geometric parameters market in the built-up plan
of simple or minor structures alternatively other drawings according to
the character and complexity of the structure
-
building drawings of underground and engineering objects, in which the
hitherto and proposed state is apparent, before all ground plans, sections,
views (in the scale as a rule 1:100) containing individual kinds of constructions
of the structure and its parts (e.g. foundations, bearing constructions,
staircases, chimneys, roof constructions), position and elevation arrangement
of the structure and all its areas with precise marking of the functional
purpose, schematic marking of internal distribution and installation (health-technical
inclusive fire water supply, power, light current, gas, hot water etc.),
technical facilities (boiler rooms, lifts etc.) modifications and solution
prescribed for special safeguarding of structures from the point of view
of civilian defence and fire protection. For structures with operational,
production or technical facilities the building drawings must contain spatial
location of machines and equipment inclusive internal communication
-
project of organisation of construction for structures with special requirements
for execution if the data entered in summary technical report are not sufficient.
-
If the builder requests a building permit gradually for individual structures
of the set, the design documentation of the first construction contains
an overall situation (built-up plan of the whole set of structures inclusive
on-site facilities).
-
For individual structures and temporary structures of on-site facilities
the building office can, in individual cases, adequately limit the specified
scope and contents of the documentation.
Article 23
Abrogated
Article 24
Abrogated
Building Permit
(To Article 66 of the Act)
Article 25
The building permit contains particularly
-
name (denomination) of the builder
-
kind and purpose of the structure in the process of being permitted
-
parcel numbers of building plots according to the real estate records,
on which the structure is being permitted
-
conditions for carrying out of the structure, alternatively also for use
of the structure and for removing of the structure
-
decision on objections of the participants of the proceedings
Article 26
-
In the conditions of the building permit the building office will ensure
or as the case may be determine particularly
-
protection of interests of the society, before all of the environment
-
harmony of the project with general technical requirements for construction
and with other regulations and technical standards
-
deadline for completing of the structure
-
observing of requirements of affected institutions of state administration
applied in the building proceedings
-
locations of the structure in case that the spatial decision was connected
with the building permit
-
way of carrying out of the structure; for structures that will be performed
by the legal entity or natural person for itself and by itself doing business
under special regulations, 6a) a person responsible for professional guidance
of the structure (Article 46a par.2 f) of the Act), or for structures of
other natural persons that are being carried out by self-help, a person
that will execute professional supervision over the structure
-
In the conditions of the building permit the building office can instruct
the builder to do or determine in the building permit as follows
-
submitting of a more detailed documentation even before the beginning of
the construction, which is necessary for checking , whether the conditions
determined for execution of the structure have been observed
-
notification of a certain stage of the structure with the purpose of execution
of state building supervision
-
submitting of documents, professional expertise and opinions
-
more detailed requirements for carrying out of the structure above all
from the point of view of architecture and complexity, particularly to
determine the kind and colour of exterior modifications of the structure
(cover, plaster, coatings etc.), connecting to the distribution networks,
surface communications and railways, draining of surface waters and treatment
of the surrounding of the structure and conditions for protection and planting
of greenery
-
necessary scope of areas of plots of land that will constitute a part of
a building site
-
to those that have ownership or any other rights towards neighbouring properties
so that within the specified the bear execution of some work on their plots
or structures etc.
-
easements for marking out of the structure
Article 27
-
The building office will send one certified copy of the documentation to
the builder and to the local authority, in the spatial district of which
this structure is being performed. One copy of the documentation will be
kept by the building office for official use
-
The building office will append to the certified documentation of a builder
a tag, on which the following shall be entered : denomination of the construction
and its builder, who will build the structure, who on the executed construction
is responsible for professional guidance and for carrying out of the construction
or for professional supervision and which institution has permitted the
structure and when.
-
Before the beginning of the construction the builder is obligated to place
the tag on the visible place at the entrance to the building site and to
leave it there until the official approval of practical completion of the
structure. The structures of organisations can be marked by another suitable
manner (for example by board) with date from the tag.
Article 28
Application for Alteration of the Structure before Completing
it.
(To Article 68 of the Act)
-
In the application for permitting of the alteration of the structure before
it has been completed the builder will particularly enter
-
denomination of the structure and the part which is affected by it
-
description of alterations and their comparison with the building permit
and with certified documentation
-
reasons for the proposed alteration
-
The documentation to the application under paragraph 1 contains
-
lay-out drawings, if the exterior ground-plan or elevation arrangement
of the structure is being altered
-
the drawings within the scope of required alteration
-
technical description of the alteration and data, whether the alteration
shall have an effect on the environment of the structure
-
document on deliberation with institutions of state administration, whose
interests have been affected by execution of such alteration, in case such
deliberations have been held.
-
After prior deliberations of the builder with the building office the alterations
of the structure can be marked directly in the original certified documentation
of the structure, if it is technically possible and if it is not on the
account of clearness. The alterations will be marked in the documentation
of the structure filed in the building office, alternatively in the local
authority, in the spatial district of which the structure is being built,
and in the documentation, which is kept by the builder (owner) of the structure.
SUBSECTION 3
PERMITTING OF TERRAIN MODIFICATIONS, INFORMATION, ADVERTISING AND
PROMOTIONAL FACILITIES
Application for Permission of Terrain Modifications
Article 29
-
The application for permission of terrain modifications contains
-
name (denomination) and address of the applicant
-
kind, purpose, place and planned duration of terrain modifications
-
kinds and parcel numbers of plots of land according to real estate records
on which the terrain modifications are supposed to take place with entering
ownership or other rights
-
temporal course of execution of terrain modifications
-
who has processed the documentation and who will perform terrain modifications
-
list of participants of the proceedings that are known to the applicant
-
The data according to paragraph 1 subpar c) and f) can be replaced by annexes
to the application.
Article 30
-
To the application for permitting of terrain modifications the following
will be attached :
-
prescribed documentation in two copies; if the building office is not the
local or municipal national committee, in three copies
-
spatial decision, if it has been issued by another institution than the
building office
-
documents by which the applicant demonstrates his/her rights towards plots
of land
-
documents and standpoints, alternatively decisions of affected institutions
of state administration, if they have been prescribed by special regulations
-
documents on negotiations with institutions of state administration and
with participants of the proceedings, if they were held in advance
Article 31
-
The documentation of terrain modifications contains
-
data on fulfilling the conditions of spatial decision on utilisation of
the area and other decisions necessary for permission of terrain modifications
under special regulations, the data on supposed impact of terrain modifications
on the environment, technical description of the procedure and way of work,
data on infilling materials, on place and way of placing of extracted substances,
on the way of their compacting and surface treatment
-
lay-out drawing according to land map of real estate records clarifying
the present state of the area, on which the terrain modifications are to
be executed, with marked plots of land, on which the consequences of terrain
modifications will be manifested, inclusive marking of protective bands,
protected areas and existing structures; according to the nature and scope
of terrain modifications also characteristic sections clarifying their
elevation arrangement will be attached
-
marking-out drawings or necessary geometric data determining positional
and elevation location of simple and non-essential terrain modifications
in the lay-out drawing.
-
In case of technically simple terrain modifications, the consequences of
which cannot be detrimentally manifested on the properties or in any other
way, the building office can accept as the documentation only a brief description
of the procedure and the way of work and a lay-out sketch.
Article 32
Abrogated
Article 33
-
If the documentation submitted by the applicant does not contain data necessary
for proper consideration of the proposed terrain modifications, the building
office will determine the scope and deadline for supplementing it.
-
The provisions of Articles 29 to 32 apply adequately to alterations of
permitted terrain modifications.
Article 34
Application for Permission of Information, Advertising and
Promotional Facilities
-
In the application for permission of information, advertising and promotional
facilities (hereinafter in this provision only "facility") the following
will be entered
-
kind, purpose, place and time of existence of this facility
-
denomination of the property, on which the facility is to be located
-
list of participants of the proceedings that are known to the applicant
-
To the application according to the nature of the facility the following
will be attached
-
prescribed documentation in two copies; if the building office is not the
local or municipal national committee, in three copies
-
spatial decision, if it has been issued by another institution than the
building office
-
documents by which the applicant demonstrates his/her rights towards plots
of land
-
documents and standpoints of affected institutions of state administration,
if they have been prescribed by special regulations
-
documents on negotiations with affected institutions of state administration
and with participants of the proceedings, if they were held in advance
-
The prescribed documentation of the facility contains particularly
-
technical description of the facility, way of its installation and impact
of the facility on the environment
-
drawings clarifying construction and function of the facility, its suspension
(bearing construction) alternatively electric installation
-
Only a brief description of the facility and a simple sketch will be sufficient
in case of technically simple facilities.
SUBSECTION 4
MARKING-OUT OF STRUCTURES AND TERRAIN MODIFICATIONS
Article 35
-
Marking-out of structures will be executed according to marking-out drawings
in compliance with spatial decision, building permit or permit of terrain
modifications.
-
A marking-out protocol will be prepared about the performed marking-out
and about stabilisation of fixed points by the person who has carried out
the marking-out.
Article 36
The building office can refrain from marking-out by institutions authorised
to it in case of simple, minor and temporary structures, alterations of
structures and in case of unimportant terrain modifications.
Article 37
-
The builder is responsible for compliance of spatial position of the structure
with the documentation, in case when it was refrained from marking-out
by institutions or legal entities and natural persons doing business under
special regulations, who are authorised to it and in case of structure
executed by self-help responsible is the person determined for execution
of professional supervision over building of the structure and in case
of construction of organisation, which does not have building or assembly
work in the object of its activities and is building the structure by itself
and for itself responsible is the person authorised by professional guidance
of the structure.
-
The person, who has applied for permission with the building office is
responsible for determination of spatial position of terrain modifications
in case it was refrained from marking out by institutions authorised to
it.
Article 38
The documents on marking-out of spatial position will be submitted by
the builder to the building office in the time of official approval of
practical completion. In case of structures and terrain modifications that
do not require official approval of practical completion the builder shall
attach a document on marking-out to the documentation, which has been preserved
by him.
SUBSECTION 5
OFFICIAL APPROVAL OF PRACTICAL COMPLETION
Proceedings of Official Approval of Practical Completion
Article 39
-
The proposal for issuing of certificate of practical completion contains
-
denomination and place of structure
-
planned deadline of competing the structure
-
deadline of complete clearing of the building site and completing of preparation
of the surrounding of the structure
-
data, whether the trial operation will be carried out and time of its duration
-
To the proposal for issuing of certificate of practical completion the
following will be attached
-
description and reasons of deviations in comparison with the spatial decision
and building permit
-
for structures for which geodetic work is provided by responsible geodetists,
10) a document on ensuring of complete working out of documentation of
geodetic work (for underground utilities before back-filling)
-
geometric plan according to regulation on real estate records; this document
will not be attached in cases, if there is not an alteration of exterior
ground-plan marking of the structure and in case of minor structures
-
for the structure into which a nuclear facility has been or is supposed
to be built, the approval of Czecho-Slovak Commission for Nuclear Energy
under special regulations, 3a) awarded on basis of consideration of preoperational
safety administration
-
other documents in case they have prescribed by special regulations 11)
or if they have been demanded by the building office.
----------------------------------------------------------------------------------------------------
3a) Article 6 par. 1 subpar a) Act No. 28/1984 Coll.
10) Regulation of the Czech Geodetic and Cartographic Office No. 10/1974
Coll. on Geodetic Work within Construction
Regulation of the Slovak Geodetic and Cartographic Office No. 11/1974
Coll. on Geodetic Work within Construction
11) E.g. Article 11 Act No. 309/1991 Coll. on Protection of Ambient
Air against Polluting Substances (Ambient Air Act).
Article 40
-
For oral proceedings connected with local fact-finding the petitioner is
obligated to prepare
-
documents on marking-out of the structure (Article 38)
-
documents on results of prescribed examinations and competency of operational
facilities for continuous and safe operation, 11), report on result of
complex testing, alternatively of trial operation, in case it had been
performed
-
design documentation certified by the building office in building proceedings
or in permitting of alterations of the structure
-
drawing in which the alterations have been marked, which appeared during
execution of the structure; with approval of the building office these
changes marked in the documentation can be certified by the building office
in the building proceedings, if the proceedings about them has been connected
with the proceedings of official approval of practical completion
-
other documents enacted in conditions of the building permit; for structures
permitted after 1st July 1992 also documents on certification of the required
properties of products
-
For minor and simple structures, particularly for structures the builders
of which are natural persons and these structures are not connected to
business activities under special regulations, the matters for proposal
for issuing of the certificate of practical completion and its annexes
can be adequately simplified.
Article 41
-
The building office will write a protocol about oral proceedings, which
contains particularly
-
designation of the structure
-
finding whether the conditions of spatial decision and building permit
have been kept and whether the general technical requirements for construction
were complied with
-
comparison of real execution of the completed structure with design documentation
certified by the building office
-
list of found deviations from the real execution of the structure alternatively
reference to supporting materials of certificate of practical completion
-
objections of participants of the proceedings
-
standpoints of affected institutions of state administration
-
The building office can replace the protocol under paragraph 1 by a simple
entry, particularly if the construction was completed in compliance with
certified documentation and if no deviations of the as-built structure
have been found and no objections of the participants of the proceedings
have been filed.
Article 42
-
The proposal for issuing of a certificate of practical completion for structures
of citizens contains
-
designation and place of structure
-
planned deadline of completing of the structure
-
For oral proceedings connected with local fact finding the builder shall
prepare
-
documents of results of prescribed tests
-
documentation certified by the building office in the building proceedings
or in the permit of alterations of the structure
-
document on marking out of the structure
-
geometric plan or another documentation under regulations on records of
properties for marking of alterations, if they are the subject of records
of the properties or as the case may be certification that this documentation
has been ordered; these documents are not appended in cases, when alteration
of exterior ground plan of delimitation of the structure does not get changed
and in minor structures.
-
The building office will put together a protocol about the oral proceedings,
which contains particularly designation of the structure, finding whether
the conditions of spatial decision and building permit have been kept,
comparison of as built structure with the documentation certified by the
building office, list of ascertained deviations, deficiencies and incomplete
jobs, objections of the participants of the proceedings and standpoints
of affected institutions of state administration.
-
The protocol under paragraph 3 can be replaced by a simple entry by the
building office, particularly if the structure has been completed in compliance
with the certified documentation and if there are no deficiencies or incomplete
jobs in it and if the participants of the proceedings do not have any objections.
Certificate of Practical Completion
(To Article 82 of the Act)
Article 43
-
Certificate of Practical Completion contains
-
designation of the structure
-
delimitation of the purpose of use of the structure
-
conditions for use of the structure
-
In the conditions of use of the structure according to the nature of the
structure the building office can order particularly
-
marking of minor deviations, which were noted by the building office, into
the certified documentation of the structure
-
other duties for ensuring of interests of the society or for protection
of rights and justified interests of the participants, particularly for
ensuring of interests of the care for environment, hygiene, health and
safety of persons, fire safety etc.
Article 44
The certificate of practical completion shall not be issued if the health
and safety of persons and proper and undisturbed use of structure for the
determined purpose has not been safeguarded and particularly
-
heating of the structure and connections to the distribution of water,
electricity and sewage network etc. has not been ensured particularly in
apartment and residential structures in compliance with the documentation
certified by the building office in the building proceedings
-
safe and continuous operation of lifts has not been ensured in compliance
with the certified documentation
-
safe access and walkway to the structures has not been ensured
-
the conditions of the building permit for necessary complexity of the construction
for exclusion of negative impact of the structure on the environment alternatively
their limitation to the permissible degree have not been fulfilled
-
the documents on satisfactory results of the prescribed tests have not
been submitted
Article 45
Waiver of Official Approval of Practical Completion
The building office can refrain from official approval of practical
completion in the following cases
-
for minor structures, structural modifications and maintenance work in
case which after notification it has been determined that they are subject
to a building permit
-
for simple structures except for structures for dwelling, structures for
individual recreation, garages, structures with operational, production
or technical facilities and warehouses
Article 46
Official Approval of Practical Completion of Terrain Modifications,
Information, Advertising and Promotional Facilities
If the building office in permitting of terrain modifications, information,
advertising and promotional facilities determines that they are subject
to official approval of practical completion the provisions of this subsection
apply for them adequately.
SUBSECTION 6
NECESSARY MODIFICATIONS AND REMOVING OF STRUCTURES
Article 47
Necessary Modifications
(To Article 87 of the Act)
-
The building office can order as necessary modifications on the construction
or on the building plot particularly
-
modifications in the interest of safety of transport (e.g. establishing
of pillared arcade, walk-throughs, scarfing of corners of the houses),
defence of the country (e.g. establishing of shelters), fire safety (e.g.
technical facilities of fire protection)
-
modifications by which it will be achieved that the structure or its facilities
are not detrimental to its environment excessively by noise, bad smell,
exhalations, shocks, effects of electromagnetic field
-
connection of structure to distribution networks, particularly to public
water supply, electricity, gas, to sewage network
-
modifications by which hygienic, safety, fire, operation and aesthetical
deficiencies of the structure are removed and by which the structure is
equipped by social or some other hygienic and common facilities
-
removing or modification of construction parts of the structure (e.g. walls,
roofs, verandas) hindering the access of light and air to the structures
or causing other deficiencies
-
modifications for ensuring of more effective draining of rain water.
-
Unless the necessary modification, which is to be ordered requires documentation
or other supporting materials, the building office will order to the owner
of the structure or owner of the plot of land to perform a modification
and will specify conditions and deadline of its performance. In other cases
the building office will order performance of necessary modification of
the structure or of a building plot on one side and to procure and submit
the prescribed documentation or other supporting materials on the other
side.
-
The provisions of this regulation on permitting of structures terrain modifications
and where appropriate on removing of structures apply to the contents of
documentation and other supporting documents, the submitting of which was
ordered by the building office under paragraph 2.
Article 48
Application for Permit for Removal of the Structure
(To Article 88 of the Act)
-
In the application for permit for removal of the structure its owner shall
enter
-
kind, purpose, place and designation of the structure
-
reasons for removal of the structure and panned beginning and ending of
work
-
name of the legal entity and natural person doing business under special
regulations, who will remove the structure; if the structure shall be removed
by a legal entity or a natural person doing business under special regulations
by itself and for itself or should the structure be removed by self-help,
the owner of the structure shall enter, how the professional supervision
has been ensured or the name and address of the person that shall execute
professional supervision over work
-
whether the structure will be removed with use of explosives
-
how the material will be disposed of and where the excessive material will
be located
-
list and addresses of participants of the proceedings, which are known
to the applicant
-
how the substitute flats, accommodation or space has been ensured for the
hitherto users of flats and non-residential area
-
how clearing of the plot of land shall be carried out
-
proposal for measures on the neighbouring plot of land or on the structure,
if the demolishing work is supposed to be carried out from these properties
or if these properties are to be used in some other way
-
To the application for permit for removal of the structure the owner of
the structure shall append
-
documents by which the ownership or other right towards the structure or
plots of land is proved
-
technological description of work, where appropriate also necessary drawings
of modification of the plot of land
-
documents on negotiations with affected institutions of state administration
and legal entities and natural persons doing business under special regulations
managing distribution networks and with participants of the proceedings
if the negotiations on removing of the structure were held in advance
-
in case of structures, which will not be removed by a professionally equipped
legal entity and natural person doing business under special regulations
an agreement with a qualified person, who has committed to ensure professional
supervision over work connected with removing of the structure, if the
owner is not competent to execute this supervision
-
standpoints and where appropriate decisions of affected institutions of
state administration prescribed by special regulations in case of a structure
with a nuclear facility the approval of the Czecho-Slovak commission for
nuclear energy.
-
If the application or its annexes do not contain supporting materials necessary
for proper consideration from the point of view of interests pursued by
the building office or affected institutions of state administration, the
building office shall specify the scope and deadline of submitting them,
e.g. if the point is in removing of immovable cultural monument, submitting
of photo documentation, documentary drawings or according to the conditions
of the ministry of culture of the republic also of other documentation
(e.g. measuring or model) and in well founded cases submitting of photo
documentation also for other structures.
Article 49
Decision on Removal of the Structure
(To Article 90 of the Act)
-
The decision on removal of the structure contains particularly
-
data on place, kind and purpose of the structure, and to whom the removal
of the structure is permitted or ordered
-
deadline for removing of the structure
-
conditions of removing of the structure
-
In the conditions of the decision on removing of the structure the building
office shall particularly ensure
-
observing of generally technical requirements for construction and other
regulations and technical standards
-
observing of requirements of affected institutions of state administration
-
protection of rights and by law protected interests of participants of
the proceedings
-
execution of work of removing of the structure by an authorised and professionally
equipped legal entity and natural person doing business under special regulations;
in case of structures, which will not be removed by an authorised and professionally
equipped legal person and natural person doing business under special regulations,
the building office shall specify the person that will ensure professional
supervision over work
-
In the conditions of the decision on removing of the structure the building
office can
-
impose the obligation of notification of certain stage of work for ensuring
of execution of state building supervision
-
impose on the owners of neighbouring plots of land to bear within the specified
time execution of some work from their plots of land or structures
-
specify more detailed conditions of procedure and method of work, particularly
for ensuring of stability of neighbouring structures, for ensuring of safe
use of neighbouring structures, traffic on adjacent communications etc.
-
impose the obligation to clear the plot of land after removing of the structure,
to ensure faultless draining of surface waters, to plant greenery etc.
-
impose the obligation to give in the documentation for the purposes of
archives and records
Article 50
Order of Safeguarding Work
(To Article 94 of the Act)
-
The decree, by which the building office order to the owner of the structure
safeguarding work, contains particularly
-
obligation to execute safeguarding work and time limit for their execution,
description of construction and technical condition of the structure, nature
and scope of impact , which endangers life or health of persons or values
of national economy
-
conditions delimiting kind, scope and method of execution of safeguarding
work
-
conditions ensuring protection of interests of the society as well as protection
of rights and by law protected interests of the participants of the proceedings
-
data on necessary scope of neighbouring plots of land and structures, which
are to be used in execution of safeguarding work and obligations of their
owners to bear the execution of some work from their properties during
the specified time or where appropriate to bear temporary location of constructions
on them
-
Should the building office order to the building organisation to execute
immediate safeguarding work, in the decree apart from matters under paragraph
1 the following will be entered
-
legal entity and natural person doing business under special regulations
that is obligated to execute safeguarding work
-
obligation of the owner of the structure to defray to this legal entity
and natural person doing business under special regulations the costs connected
with execution of safeguarding work and bear its execution.
Article 51
State Building Benefit
(To Article 95 of the Act)
-
In the application for providing of state building benefit, the citizen,
who is an owner of the structure shall enter
-
the purpose of the benefit and its amount
-
social conditions of the applicant
-
To the application for providing of state building benefit the applicant
shall append
-
document on ownership right towards the real estate
-
document that proves that the state saving bank has refused to provide
him a loan for the purpose for which he requires a state benefit and that
he could not obtain the funds from other sources such as the fund of cultural
and social needs etc.
-
The decree in which the building office awards the state building benefit
contains particularly
-
data about the purpose for which the state building benefit has been provided
and the deadline of completing work, unless it was specified in another
decree of the building office
-
reservation of returning the benefit or a part of it in case the transfer
of the real estate for payment will be carried out or when work will not
be executed within the scope for which the benefit was awarded
-
the conditions for payment of the benefit
-
the conditions of negotiations with financial institution through which
the state benefit will be paid
SUBSECTION 7
STATE BUILDING SUPERVISION
Article 52
The Description of Activities of State Building Supervision
(To Article 98 of the Act)
The bodies of state building are authorised to find out particularly
-
whether the construction is being built on basis of the building permit
or another decision of the building office and in compliance with it
-
whether the work in the construction is executed by authorised persons,
whether the building work is being carried out professionally and whether
the professional supervision has been ensured and whether it is being carried
out
-
whether the documentation certified by the building office and all documents
necessary for carrying out of the structure are available on the building
site and whether the building log or simple records of the structure are
properly kept
-
whether an unpermitted limitation of traffic on communications or use of
public areas does not appear during building of the structure, whether
the environment of the construction is not excessively polluted, whether
greenery is not destroyed or whether in any other way the environment is
not deteriorated and whether the rights and the interests protected by
law of the owners of neighbouring plots of land and structures are not
limited without reasons
-
whether the safety of work and technical equipment, fire protection, proper
fencing and lights on the building site and safe access to the construction
have been ensured and whether the order is kept on the building site and
whether devaluation and destroying of usable materials does not appear
-
whether the general technical requirements for construction and other regulations
and technical standards are observed
-
whether the structure is being used for permitted purposes only and whether
in the course of use the impact on the environment is not getting worse
-
whether the structure is being properly maintained
-
whether in case of temporary structures the specified time for their existence
has not expired or whether the purpose for which they have been established
has not passed
-
whether the conditions of the permit or decree of the building office for
removing of the structure are being kept
-
whether the structure is being removed by an authorised legal entity and
natural person doing business under special regulations and whether professional
guidance of work and safety of persons has been ensured
-
whether by removing of the structure the neighbouring objects will not
be endangered and whether measures necessary for their safeguarding have
been taken
-
whether the prescribed tests are being carried out
Article 53
Conditions for Execution of State Building Supervision
(To Article 100 of the Act)
-
The design documentation of the construction certified in the building
proceedings and all documents on the structure that is being built must
be available in the structure.
-
In case of the structure, the builder of which or the entity who builds
the structure for the builder (hereinafter only "contractor"), is a legal
entity or a natural person doing business under special regulations, a
building log must be kept in the structure. In all other cases at least
simple records must be kept about the structure. In structures where construction
modifications and maintenance work is being carried out under Article 55
par. 2 of the Act, the building log-book must be kept only if it has been
provided by the building office.
-
The building log is kept from the day, when the work on the building site
began according to design documentation certified by the building office
in the building proceedings. Keeping of the building log is finished on
the day, when the construction deficiencies will be removed and uncompleted
work will be done in accordance with the certificate of practical completion.
-
The building log book is kept by the contractor or where appropriate by
the builder, who is building the structure by himself and for himself (Article
44 par. 2 of the Act). In the building log are entered all important circumstances
on the construction, particularly schedule of work, deviations from design
documentation certified by the building office in the building proceedings
or from conditions provided by other decisions or measures or where appropriate
other data necessary for consideration of work by the building office and
other institutions of state administration. The building log serves also
for records of institutions of state building supervision and institutions
of state administration, which have authorisation to supervise the execution
of the structure under special regulations.
-
The builder follows the contents of the building log and adds his own comments
to the entries entered in it. During the time, when the building is under
construction, the building log must be accessible to authorised persons
and workers of institutions of state administration. Daily records are
entered by the employee of the contractor on the day to which the records
relate, exceptionally on the following day, on which the work is executed
on the construction. In case of technically simple structure or work of
smaller scope, the daily records can be replaced with approval of the building
office by one entry for the period of maximum seven days. The builder is
obligated to keep the building log for the period of ten years from the
effectiveness of the certificate of practical completion or where appropriate
from completing of the structure if it is not subject to official approval
of practical completion.
-
Simple records on the structure (paragraph 2) are kept by the builder and
it is also signed by the person performing the professional supervision
over execution of the structure In these records also scope and kind of
partial construction work is entered, which are executed by legal entities
and natural persons besides the builder.
Article 54
Measures for Execution of State Building Supervision
(To Article 102 of the Act)
-
The order to do improvement can be entered into the building log or into
simple records on the structure, by means of a written notification or
into a protocol by the inspector of state building supervision. The order
contains a brief description of the discovered deficiency and the time
limit within which the improvement is to be carried out.
-
If the builder, contractor or any other person does not respect the order
of the state building supervision, the building office will issue a decree,
in which it will order to carry out the instruction. The decree shall contain
particularly :
-
name (denomination) of the person to whom it is ordered to do the improvement
-
designation of the deficiency, which is to be removed and the time limit
within which this improvement is to be carried out
Article 55
As-built Documentation of the Construction and Simplified
Documentation of the Construction (Passport)
(To Article 104 of the Act)
-
The as-built documentation of the construction, the procurement of which
has been ordered by the building office contains particularly
-
data on kind, purpose and place of the structure, name (denomination) and
address of the owner of the structure, parcel numbers of the building plot
according to real estate registers with data on ownership or other rights
and data on decrees concerning the structure; in case the decrees have
not been preserved, at least approximate year of completion of the structure
-
lay-out drawing of the present state of the area in the scale of land map
of real estate registers with drawn position of the structure and marked
links to the environment, particularly setback from the borders of the
building plot and from neighbouring structures and connections to the distribution
and transport networks; in well founded cases the building office can order
working out of a lay-out drawing in a more detailed scale
-
building drawings in the scale 1:200, or where appropriate in the scale
1:100 or 1:50, worked out according to the construction as-built, with
respective sections and views, with description of all areas and rooms
according to the present way of use and with marked dimensions and surface
areas
-
technical description of the structure and its fixtures
-
Simplified documentation (hereinafter passport of the structure), the procurement
of which has been ordered by the building office contains particularly
-
data under paragraph 1 a)
-
lay-out drawing and simplified drawing s of as-built structure in the scope
and details corresponding to the kind and purpose of the structure with
description of way of use of all areas and rooms
-
universal technical description of the structure and its rooms
-
Additionally procured documentation of as-built structure or a passport
of the structure executed by permanent method are submitted to the building
office in two copies; if the building office is not the locally competent
authority of the community then in three copies.
-
The building office shall ensure examination of the additionally submitted
as-built documentation or passport of the structure; according to the result
it will require their supplementation, alteration and where appropriate
redoing it or it will certify it. One certified copy will be sent to the
builder and to the municipality or to the local national committee within
the spatial district where the structure belongs.
-
The certified as-built documentation of the structure or certified passport
of the structure substitute the documentation certified in the building
proceedings.
PART FOUR
EXPROPRIATION
Article 56
Proposal for Expropriation
(To Article 112 of the Act)
-
The proposal for expropriation contains particularly
-
designation of the plot of land or one of its parts, designation of the
structure, data, which right and within what extent it is to be expropriated
and proposal of compensation
-
name (denomination) of the person, for the benefit of who this expropriation
is to be carried out
-
name (denomination) and address of the person, against which the denomination
is directed
-
reasons of the requirement with the purpose for which the expropriation
is proposed
-
evidence that the endeavour to acquire the right towards the plot of land
or structure had no results
-
excerpt from the real estate register and where appropriate excerpt from
land register identified according to real estate registers, if the legal
relations towards plots of land and structures have not so far been marked
in the real estate registers
-
survey from the land map of the real estate register with drawn plots of
land and structures proposed for expropriation, supplemented situation
from other supporting maps, which show graphically legal relations to real
estate in cases, when these relations have not been marked so far in the
register; if expropriation of a part of the plot of land is being proposed
a geometric plan in three copies will be attached. If in case of line structures
it is not possible to determine the exact range of plots of land, the situation
of the designed structure drawn in the survey from land map of the real
estate register will suffice
-
The evidence under paragraph 1 e) is a written invitation for closing an
agreement sent by a recommended letter, containing the requirement of the
applicant, reasons, proposal for payment and warning that if it is not
answered by the owner of the plot of land or structure within 15 days from
its service, it will be assumed that he refuses the agreement. In such
case the petitioner will submit a declaration that within the specified
time limit he has not received an answer to his invitation or that the
transfer has not taken place.
Article 57
Decree on Expropriation
(To Article 144 of the Act)
The decree on expropriation contains particularly
-
subject, purpose and scope of expropriation
-
name (denomination) of the person against whom the expropriation is directed
-
designation of the body of state administration, legal entity or natural
person that is supposed to use the object of expropriation for the purpose
for which it is being expropriated
-
compensation for expropriation and method of its payment
-
time limit within which the use of the plot of land and structure must
be started for the purpose for which it has been expropriated
-
instruction about the possibility and conditions of the application for
cancellation of the decree on expropriation (Article 116 par.1 of the Act).
PART FIVE
COMMON AND CONCLUSIVE PROVISIONS
Article 58
Notification by a Public Order
-
In case of an order or any other measure of larger scope or if its integral
part consists of graphic annexes, instead of complete wording of the measure
only a brief order will be hanged containing basic data about the area,
which is concerned by the measure and its brief contents with the instructions
when and where it is possible to have a look into it.
-
The deed or the order under paragraph 1 will be hanged on the official
board of the local authority, the spatial district of which it concerns
and on the board of the administrative institution that has issued the
decree. The institution that has hanged the order will mark on it the dates
of hanging it and removing it and will put it into the correct file.
Article 59
Easement at natural disasters and unexpected accidents in
structures
-
The measures on structures and plots of land consisting, according to circumstances,
also in execution of structures or terrain modifications or in removing
of structures, by which it is prevented from the consequences of natural
disasters or unexpected accidents and faced to their effects and hindered
from endangerment of life or health of people, damages of national economy
and other damages, can be initiated without previous permit under this
regulation and the building act unless special regulations stipulate otherwise.
However the person that executes such measures is obligated to notify them
to the building office, which will take decision about further procedure.
-
If the structures or terrain modifications destroyed or damaged by natural
disaster or unexpected accident are to be restored in compliance with original
permits of the building office, it will be sufficient if such measure is
in advance notified to the building office. The provisions of Articles
16 to 18 apply adequately for procedure of the building office and the
builder.
-
In case of structures and terrain modifications that must be immediately
carried out in order to reduce or ward off the consequences of the natural
disaster or unexpected accident of the structure, the building office can
-
limit the contents of the proposal (application) and its annexes to the
most necessary degree, which is necessary for a decision
-
refrain from issuing of a spatial decision and where appropriate to connect
the spatial proceedings with building proceedings or with other proceedings
under the Act
-
stipulate in the decree that some documents prescribed as annexes of the
proposal (application), or where appropriate other documents will be submitted
later within the specified time limit
-
in well founded cases issue a preliminary permit, in which the deadline
for additional submitting of supporting documents will be specified; after
they had been submitted the building office will execute the proceedings
and will issue the decree.
Article 60
Data for Institutions of Geodesy and Cartography
-
To the institutions (legal entities and natural persons doing business
under special regulations) of geodesy and cartography (to their workplaces
in the district) the following is sent
-
the decision on location of the structure or alterations of the structure
concerning its exterior delimitation of the ground plan, decision on use
of the area and decision on protected area or protective band
-
building permit or alterations of the structure concerning its exterior
delimitation of the ground plan
-
permit of terrain modifications
-
certificate of practical completion for structures and their alterations
entered in b)
-
decree on removing of the structure
-
decree on expropriation of the plot of land and structure and decree on
cancellation of the expropriation
-
To the institutions (legal entities and natural persons doing business
under special regulations) of geodesy and cartography are not sent the
building permits for minor structures, construction modifications and maintenance
work
Article 61
This regulation comes into force on the 1st October 1976, the Regulation
No. 155/1980 Coll. comes into force on 1st January 1981, the Regulation
No. 378/1992 Coll. comes into force on 17th July 1992.
Minister: Ing. Šupka, sign manual
Passage I
(introduced by the Regulation No. 378/1992 Coll.)
Supporting materials for spatial proceedings on location of the structure
(assignment) and for premitting of the structure (project) worked out under
the Regulation of the State Committee for Scientific and Investment Development
No. 43/1990 Coll. on Design Preparation of Structures on basis of contracts
concluded before effectiveness of this regulation, can be used after its
effectiveness as supporting materials for spatial and building proceedings
carried out under this Regulation.