Decree No. 105 / 1981 Coll.

Decree of the Federal Ministry of Technical and Investment Development on documentation of buildings

Valid Effective from 01.01.1982
105
DECLARATION
Federal Ministry of Technical and Investment Development
of 20 October 1981
on documentation of buildings
The Federal Ministry of Technical and Investment Development provides, pursuant to § 53 of Act No. 133 / 1970 Coll., on the jurisdiction of federal ministries, and § 143 (1) (d) of Act No. 50 / 1976 Coll., on Territorial Planning and Construction Regulations (Construction Act):

ČÁST PRVNÍ

INTRODUCTORY AND GENERAL PROVISIONS
§ 1
Scope
(1) The Decree regulates the manner and extent of the documentation of the buildings, the procedure for drawing up, consulting and approving them, and the implementation of the final evaluation of the buildings.
(2) The decree applies to documentation of buildings financed from investment funds, (1) whose investors are domestic socialist organisations and to be carried out in the territory of the Czechoslovak Socialist Republic. It also applies to documentation of buildings which include the basic resources acquired after the completion of the tasks of the Science and Technology Development Plan under the Specific Regulation.2)
(3) According to this decree, it is appropriate to:
(a) construction and modification and repair 3) completed construction financed by non-investment funds, 4)
(b) modernisation of the housing fund, 5)
(c) construction and maintenance work related to the preservation and restoration of cultural monuments, financed by non-investment means,
(d) temporary equipment financed from non-investment funds for the development of science and technology, 6)
(e) machinery and equipment not included in the construction budgets, (7) if they require construction or assembly work;
(f) the buildings the Czechoslovak Socialist Republic builds for itself abroad by its own organisations;
(g) separate combined construction site installation (Annex No 17, Part E, point 2),
(h) rendering and reclamation works to eliminate the consequences of both surface and deep mining activities and to finance non-investment funds. 8)
(4) Experimental constructions are subject to derogations provided for in a special regulation. 9)
§ 2
Terms
(1) Construction means a summary of construction works, including supplies of building materials and parts and supplies of machinery and equipment, including their assembly, tools and inventory, 10), usually carried out in a continuous place and at a continuous time, the purpose of which is to build new basic resources (new construction) or to change existing basic resources (reconstruction, modernisation, superstructure, extension and construction work), which are intended as a whole to perform a separate technical and / or other social function; (11) the building is sometimes referred to as a base vehicle or a set of basic means resulting from this activity. The preparation of a large area for further construction of the ensemble may exceptionally be considered a construction.
(2) The removal of existing primary resources at the construction site, the provisional equipment needed to ensure the operation of the existing building during construction and, in the case of transport networks, 12) distribution networks, 12) sewerage and their equipment, including connections and internal distribution facilities, and there are no specific provisions, including the removal of old and new basic resources or parts thereof, which are replaced by those which are disrupted by the implementation of the construction and which must be maintained.
(3) The set of buildings is defined as interoperationally and economically linked buildings which carry out large or long-term investment construction in a continuous territory or for a common purpose in different places.
(4) The operating file (sub-operational file) is a summary of machines and equipment, including their assembly and inventory, 10) which serves to ensure a separate (partial) technological or non-technological process and is usually put into service in a continuous period of time. 13)
(5) The operating unit is a summary of interconnected operating files, including their assembly and inventory, 10) which serves to ensure a separate, comprehensive technological or similar non-technological process and is usually put into service in a continuous manner.
(6) The building object is a space-integrated or at least technically separate part of the building, 14) which fulfils a defined purpose function.
(7) The residential complex is a set of residential buildings and building objects of basic technical and civil amenities including the relevant operating files. 15)
(8) The construction site is defined as temporary buildings and equipment, 16) which serve the operational and social purposes of the construction participants at the time of construction; For this purpose, also objects and equipment which are built as part of the construction or are already built and lent to it by an investor, supplier or other organisation. Temporary objects and equipment serving production purposes at the time of construction shall also be considered as construction site equipment for the purposes of this decree. Locally concentrated objects fulfilling the function of a construction site for several buildings form a combined construction site. In this decree, all objects and equipment referred to in this paragraph shall be identified as construction site equipment (Annex 17).
§ 3
Construction participants
(1) The construction participants are the investor, the general designer and the suppliers, 17) for imports by importers. 18)
(2) An investor is an organisation that prepares and ensures the construction. Where other organisations carry out certain activities under this Order to the investor, 19) the provisions of this Order shall also apply to that organisation when dealing with the investor. If there are more than one organisation for which funds are combined (20), it acts as an investor - unless specific rules provide otherwise or if there is no other agreement - an organisation with the largest share of the total cost of the construction.
(3) The supplier organisation is an organisation whose activity is to carry out supplies for buildings; where such an organisation has concluded a supply contract, it shall be referred to as a higher supplier or supplier. Similarly, this decree refers to an organisation that has agreed on a future supply or, at least, cooperation in the preparation of the construction, has been designated for it or has contracted to it. 21) Where appropriate, suppliers who supply directly to the investor ("direct suppliers') and their suppliers who are referred to as subcontractors shall be distinguished in the order. Direct suppliers may be either higher suppliers (22) or other suppliers.
(4) The general projector is an organisation authorised to carry out project activities under special regulations, 23) which has undertaken, in accordance with this Decree and the Specific Regulations (24), to supply project documentation of the whole construction to at least the scope of the initial project and to perform copyright supervision. The general designer is also referred to in this decree as the project organisation which, prior to the conclusion of such an undertaking, negotiated an agreement pursuant to Paragraph 12 or was designated as a general designer.
(5) The supplier organisation may be a general designer under the conditions set out in paragraph 4 only for selected types of construction defined in its project authorisation or specifically designated by the Federal Ministry for Technical and Investment Development if it has undertaken to deliver the whole construction.
(6) Importer means an organisation authorised for foreign trade to provide, where appropriate, for the construction of an investment unit or individual machinery (s) or other products or works (hereinafter referred to as "imports of machinery and investment units').
(7) In the case of construction works carried out under the investor's own direction or self-help, it must be determined which service of the organisation fulfils the respective functions of individual participants in the construction; the designated services shall proceed adequately in the application of the Decree in their relations with each other.
§ 4
Construction documentation
(1) The documentation of construction according to this decree includes investment project, preparatory documentation, project documentation, documentation of actual construction execution and report on final evaluation of the construction.
(2) In the case of construction with nuclear installations, safety reports provided by the investor under specific regulations shall also be considered as documentation of the construction. 25)
§ 5
Simplification of documentation
(1) Construction participants shall be obliged to limit the documentation of the buildings to the necessary extent corresponding to the type, nature, meaning, size and complexity of the construction; they may, by mutual agreement, derogate from the provisions on the detailed content of the dossier set out in the Annexes. However, the basic composition of the documentation must always be maintained, which must fulfil the purpose and function prescribed by the Order and be sufficient ground for territorial and building proceedings.
(2) In justified cases, the central investor authority may specify in an agreement of jurisdiction with the Federal Ministry of Technical and Investment Development or the Ministry of Construction and Technology of the Republic,
(a) refrain from processing a study of a set of constructionswhen the approved territorial project of the zone has also been discussed with supplier organisations26); or
(b) that a study of a set of buildings or part of a set of buildings may replace project tasks which are not in such a case.
(3) If there are modifications to 27) transport networks, 12) distribution networks, 12) sewerage and installations, including connections and internal distributions, adjustments to drainage and watering facilities (28), or to landscaping, the central investor authority may provide that such modifications to the buildings are to be waived from the project task and a one-stage project is to be processed directly. The processing of the project task cannot be waived if it is part of those modifications to the dismantling of buildings and where such modifications give rise to territorial requirements, a change in land use or labour requirements. In accordance with the procedure set out in this paragraph, the function of the project task shall be to define the essential requirements for construction by the investor, supported by the data referred to in Article 19 (2) or, where applicable, by a one-stage project. The provisions of this paragraph may not be applied to constructions which are binding tasks of the State Plan (hereinafter referred to as "binding structures') or centralised structures. 29)
(4) For buildings whose technical solution is quite simple, 30) for urgent security of essential means (objects) against emergency conditions, and for work to immediately eliminate the consequences of accidents and natural disasters, the project documentation shall be limited to a description of the working process, necessary drawings, necessary calculations, inventory of material and budget (§ 61 (6)). In the case of such buildings, the project task need not be processed unless its processing is required by the authority to which its approval is due; In such a case, the simplified project documentation shall also fulfil the function of the project task to the extent necessary.
(5) The simplified project documentation referred to in paragraph 4 may, with the agreement of the investor and in agreement of the project manager-general with direct suppliers, also be drawn up in the framework of an initial project for technically completely simple operational files and building objects or their integrated parts.
(6) If a building object or operating set or a complete part of it is repeated on the same construction site without change, only a reference shall be provided in the initial project and in the case of repeated building objects or operating files or parts thereof.
(7) Where reproducible projects are used in the processing of preparatory and project documentation, this decree shall not be followed unless otherwise provided for in the Specific Regulations (31).
§ 6
Use of typing
(1) Construction participants are obliged to apply characterisation directives and type background (32) in the processing of preparatory and project documentation under the conditions defined for their use by the authorising authorities33) and to use detailed documentation on the type of building facilities, if declared. 34)
(2) At the request of the processor of the preparatory or project documentation, the contractor of the construction part shall provide or refer to the type of materials of the construction systems and components it supplies pursuant to Paragraph 27 (11).
(3) The type documents provided under paragraph 2 may, to the extent agreed between investors and suppliers, be used for the preparation of buildings for a certain period in a specific geographical area.
(4) The design documentation shall be processed in a simplified way when using type-based materials, by reference to the level of the documentation and to the type of type-based material, the parts of the building object or the building object shall be shown only in a schematic way with reference to the relevant type-based material used and with an explanation of the links resulting from its application.
(5) The type of documents referred to in paragraph 4 are only attached to two compulsory copies (35) of the submitted project documentation, unless otherwise agreed.
(6) The provisions of paragraphs 3 to 5 shall also apply where other similar documents processed in advance are used for the processing of project documentation; 36) such supporting documents shall not be attached to the project documentation if the construction office and the building participants have them.

ČÁST DRUHÁ

INVESTMENT PROJECT
§ 7
Purpose and function of the investment project
(1) The investment plan is:
(a) one of the elements for planning investment construction and regional planning;
(b) an instruction and a basis for drawing up the preparatory documentation.
(2) The investment plan expresses the essential requirements for the construction or, where appropriate, a set of buildings and the requirements for its preparation and implementation. It is based on the planning tasks, 37) on development documents38), which also justify the need and manner of investment development and on the approved territorial planning documents39), and clarifies the context of the construction with the overall concept based on these documents.
§ 8
Content of the investment project
(1) The investment plan includes, in particular, the name and place or area of construction and other basic building data, in particular the purpose of the construction, the scope of the capacity, the anticipated need for labour, energy, water, public transport requirements, 40) in the territory and related investments, in particular those generated, import requirements, development requirements, total costs of the construction, economic efficiency data and requirements for the processing of preparatory documentation; except as provided for in Section 9 (3), the investment project shall include a justification for the investment.
(2) The justification of the investment plan includes, in particular, a justification for the need for construction, a justification for its technical economic concept, an assessment of its effectiveness and a justification for the related investments, in particular the investments generated. The necessity of the construction is demonstrated mainly by comparing the purpose of the construction with the tasks for the preparation of the plan and with the tasks of development documents or, if not otherwise, by analysing uncovered needs and analysing the use of existing capacities, including interchangeable capacities and proving that the planned satisfaction of needs cannot be achieved otherwise.
§ 9
Processing of an investment project
(1) The development of the investment project is ensured and the investment plan is issued by the body to which it is responsible to approve the project task (§ 64).
(2) The investment plan is drawn up and issued for binding and centralised buildings and for buildings identified by the central investor authority in agreement with the relevant planning committee of the Republic.
(3) Unless otherwise provided for by the central investor authority or requested by the State Planning Commission or the Federal Ministry of Technical and Investment Development, the investment project shall be processed without justification for the construction,
(a) which are part of the development documents positively assessed by the State Planning Commission and the Federal Ministry for Technical and Investment Development, and, where appropriate, the relevant planning committee of the Republic and the relevant Ministry of Construction and Technology of the Republic,
(b) intended exclusively for the performance of the tasks of state technical development;
(c) the implementation of which has been decided in advance by the competent government.
(4) The importer is obliged to provide available data and information (technical, commercial, economic and price) on imported machinery or investment units upon request by the investment project processor, supported by the agreement of the investor's central authority.
§ 10
Negotiating and issuing an investment project
(1) The investment plan must be before the issue
(a) discussed with the regional planning body with regard to the localisation of the buildings and the provision of the anticipated increase in the number of workers;
(b) if a binding or centralised construction is involved, it shall be presented including the results of the discussion referred to in (a);
- the State Planning Commission and the respective Planning Commission of the Republic,
- State expertise to the bodies referred to in Paragraph 65 (2).
(2) An investment project may be awarded only if:
(a) proof of the necessity and effectiveness of the construction;
(b) issue a favourable opinion to the Regional Planning Authority;
(c) for binding and centralised buildings, a positive opinion has been given by the authorities referred to in paragraph 1 (b).
(3) The investment project issuing authority is obliged to send a copy to the authorities with which it has been consulted in accordance with paragraph 1 (a) and where binding or centralised construction is concerned to the authorities which have given its opinion in accordance with paragraph 1 (b).

ČÁST TŘETÍ

PREPARATION DOCUMENTATION

Oddíl první

Common provisions
§ 11
Types of preparatory documentation and background documents
(1) The preparatory documentation of the construction is a project task; where the construction is part of a building set, the preparatory documentation also includes a study of the building set. In the cases referred to in Section 5 (2) (b), the preparatory documentation shall only be a study of the building set.
(2) The initial basis for the preparation of the preparatory documentation of the construction (set of constructions) is the investment project when it is drawn up and issued. In other cases, it shall be used for the preparation of preparatory documentation of the same starting materials as for the preparation of the investment project.
§ 12
Ensuring the performance of the function of general designer
(1) The investor is obliged, pending the start of work on the project task, to seek an organisation authorised to carry out a project activity which will perform the function of general designer (Annex No. 1) and to evaluate 41) in writing, to deliver an opinion on the design of the project task (§ 23) and to conclude, within the agreed time limit, a contract for the delivery of an initial (one-stage) project, including copyright supervision, as well as how he will cooperate in the preparation of the preparatory documentation.
(2) If no agreement is reached, the investor shall proceed in accordance with the provisions of Paragraph 72 (1) to (3), unless it is necessary to comply with the provisions of the specific rules. 42)

Oddíl druhý

Project task
§ 13
Purpose and function of the project task
(1) The project task defines the requirements for the whole construction into the details needed for the preparation of the initial (one-stage) project in accordance with the investment plan, if any. If it is a set of buildings, the conditions and follow-up resulting from the study of the set of buildings must also be ensured in the project task of each construction of the file.
(2) The project task defines and rationalises the construction and location of the project, sets out the national economic, production (operational) and social objectives of the construction, requirements for its technical, economic, architectural and artistic level (mainly for the application of the results of scientific and technological development) 43) and defines the time course of construction. In doing so, it demonstrates the feasibility and effectiveness of the construction and provides in particular:
(a) the scope and structure of the construction [Paragraph 30 (3) (c)] to the building buildings and operating files;
(b) requirements for technical, economic, architectural and artistic solutions of the building, in particular:
- data and indicators characterising efficiency in internal and external relations,
- the use of building systems and technological files for critical building objects,
- production technology (operation),
- decisive machines and equipment with the designation of standard and non-standard and their critical technical and economic parameters,
- requirements for automation of the management of technological or manufacturing processes, and, where appropriate, requirements resulting from automation of higher levels of control,
(c) the requirements for the use of the machinery and equipment not specifically mentioned (45), including the justification for the intended use, supported by the expression of the investigator and the manufacturer and, where appropriate, the development requirements, including a replacement solution in the event of its failure to end;
(d) requirements for imports of machinery and investment units, licences, and for the provision of supplies from imports for future production in built-up capacities, supported by an analysis of their necessity and assumptions of the efficiency of imports. In the case of construction imports, the analysis shall also include the method of action of the project documentation, data on ensuring the timely entry into service of the investment unit or of an important individual machine and on ensuring the use of liability for defects (guarantees) of the foreign supplier and, where appropriate, the justification for the need to conclude an exceptionally foreign contract prior to the approval of the initial (one-stage) project,
(e) requirements for the implementation of the construction site (in particular the principles for the solution of construction site facilities, including the use of permanent building buildings and, where applicable, of existing buildings and of the necessity of building non-global building facilities, the construction period), and, where appropriate, the requirements for the gradual entry into service of the construction site (use), for modernisation and reconstruction, the manner and extent of operation, including the dates and extent of its interruption (shutdown);
(f) the conditions for ensuring the future operation (use) of the construction, in particular:
- the required number of workers, of which the increase and sources of its coverage (transfer from liquidated establishments, release from existing establishments, balance sheet resources of the region),
- requirements for securing raw materials, materials, energy, fuel base, water and transport, 40)
- connection to transport and distribution networks 12) and sewerage,
- the requirements for continuous investments, in particular the investments made,
- requirements for co-operation with existing, future and, where appropriate, planned buildings (plants),
- the expected sales of products, including exports,
(g) requirements for measures to safeguard or affect social interests, in particular requirements for:
- how to operate in terms of environmental care, 46) safety of work and technical equipment and fire protection,
- civil defence,
- the method of rational fuel and energy management,
- the removal of land for the agricultural and forest land funds and the reclamation of land, as decided by the conservation authorities,
- protection of underground metal devices 47) against corrosion,
- compliance with the conditions of protection zones, protected areas, protected parts of nature and protection of monuments,
(h) identification of the operators (users) of the construction, the manner and conditions of taking over the future operation (use) and, for complex housing constructions, 48) (hereinafter referred to as "KBV") of the investor's schedule of housing or other buildings,
(i) total construction costs.
(3) A technological or volume study or both is part of the project task. Depending on the nature and scope of the construction, the investor shall provide additional studies required at the latest during the project task (e.g. stopping, construction process, transport, rational solution of fuel and energy consumption, noise prevention); Such studies, or their selected parts or conclusions, shall be attached to the project task.
(4) In the case of reconstruction and modernization, the investor also provides documentation of the existing situation, including critical technical economic data on the operation (use) of the construction and a description of the technical condition of the installation, at the latest during the project task; This documentation is also attached to the project task.
(5) The detailed content and composition of the project task are set out in Annex 2, the project task of the construction of the KBV in Annex 3.
(6) The procedure for establishing construction deadlines in the project task is set out in Annex 18.
§ 14
The project task shall serve in particular:
(a) the agreement and, where appropriate, the identification of the future supply system;
(b) a decision on the location of the construction,
(c) to register the construction,
(d) investment planning;
(e) to pre-hedge funds (including foreign exchange funds);
(f) the conclusion of contracts for the preparation of supplies or cooperation contracts for the organisational and project preparation of the construction, the contract for the delivery of project documentation and the conclusion of agreements for alternative solutions in the event of unsuccessful termination of development;
(g) for drawing up project documentation.
§ 15
Method of processing the project task
(1) The project task shall be developed separately for each construction, unless otherwise provided for in the Decree in Section 5; it must be drawn up in accordance with the initial documents referred to in Article 11 (2).
(2) The development of the project task, including the necessary surveys and studies, is provided by the investor. An investor may arrange for the development of a project task or part thereof, including surveys, studies and necessary geodetic evidence for a project or other approved organisation. 49)
§ 16
Cooperation of organisations in the development of project tasks
(1) In order to prepare the project task, supplier organisations shall provide the investor or processor, at their request, with information on their production and supply options, products and delivery deadlines and data for cost calculation.
(2) The investor is obliged to seek and discuss and agree with the manner and extent of their cooperation on the development of the project task and on the initial (one-stage) project according to a specific regulation before the start of work on the project task. 50)
(3) On the basis of the agreement concluded pursuant to paragraph 2, the processor shall provide the project task in the course of its work to the higher suppliers for their preparation with partial results of those works. Higher suppliers shall provide project task processors with the results of their preparation, including proposals for the implementation of the construction to be used to complete the project task.
(4) As part of the project task, a study of the construction process is carried out at the construction site.
(a) binding, except for the construction of a specific part of the State Plan;
(b) centralised or, where appropriate, others to be designated by the Federal Ministry of Technical and Investment Development on a proposal from the central authority of one of the building participants.
The detailed procedure for the study of the construction process is set out in Annex 16.
(5) If the agreement referred to in paragraph 2 is not reached or the supplier is unable to be sought, the provisions of Paragraph 72 shall be followed unless it is necessary to comply with the provisions of the specific provisions. 50)
(6) At the request of the investor, supported by the confirmation by his central authority that construction is envisaged through foreign exchange-covered imports, the importer is obliged to provide available data and information for the processing of the project task, including data on import costs (§ 46) and expected annual price developments in the event of a time shift in delivery. The confirmation of the investor's central authority shall be withdrawn if an investment plan is issued for the construction of the construction envisaged for import.
§ 17
Stage
(1) In justified cases, large-scale and complex constructions in the project task may define the stages of the construction which allow the gradual design and commissioning of capacity (construction) into operation (use). For each stage, its calculation costs and implementation periods shall be determined (Section 60 and Annex 18, point 2.3). The necessary construction site facilities, in particular social facilities, must also be provided within the first stage.
(2) Only a complete part of the building capable of independent operation (use) can be used. The stage may be defined differently if this is required.
(a) import conditions;
(b) the need to ensure in time the part of the construction needed to develop the construction. 51)
(3) The construction can be divided into stages only if the project task is approved at the latest
(a) for binding and centralised buildings, the central investor authority, based on the positive opinion of the competent authority of state expertise, contained in the conclusions of state expertise (§ 65 (6));
(b) for other buildings, the central investor authority in agreement with the Federal Ministry of Technical and Investment Development or the competent Ministry of Construction and Technology of the Republic.
§ 18
Variants
The project task or part thereof shall be processed, where appropriate or where the investment project so provides, in variants. In that case, the investor shall discuss and submit to the decision on the location of the construction and to approve the most appropriate option with an assessment of the other options.
§ 19
Construction site selection
(1) As part of the work on the project task, the investor ensures the selection of the construction site including the acquisition of geodetic materials and the execution of necessary surveys. The justification for the selection of the construction site is part of the project task.
(2) In carrying out the surveys referred to in paragraph 1, managers of underground distribution networks and sewerage facilities, as appropriate, shall be obliged to provide timely (Article 73 (1)) to the investor or, where appropriate, to the project task processor, verified data on the spatial location of those networks and equipment and their technical condition.
(3) The construction site must correspond to the social interests, in particular the requirements of environmental care, the protection of agricultural and forestry land, 52) be consistent with the zoning documentation while allowing the most economical implementation and operation (use) of the intended construction.
(4) The principles for the procedure for selecting construction sites are set out in Annex 4; a set of exploratory works is set out in Annex 5.
§ 20
Project task discussion
(1) In the course of the work, the investor will, if necessary with the involvement of the processor, discuss the project task
(a) with the regional planning authorities, from the points of view referred to in Article 10 (1) (a), for buildings for which no investment project has been issued and which have requirements for new labour or new building sites;
(b) with the authorities and organisations, the possibilities and conditions for ensuring the implementation and future operation (use) of the construction, in particular from the aspects referred to in Article 13 (2) (d) and (f);
(c) the public authorities concerned, which, under the special rules, defend the social interests (hereinafter referred to as "the public authorities concerned") of the effects and consequences of the construction, including the defence and security aspects of the State; 53)
(d) with higher suppliers and direct suppliers of products and assembly (Section 16), or with importers, where appropriate, the possibilities and conditions of the supply security of the construction; suppliers shall invite their suppliers as necessary;
(e) with future operators (users) from the aspects referred to in Paragraph 13 (2) (h); the manner and conditions for taking over the completed buildings or parts thereof in the management (ownership) of the relevant socialist organisations and, where appropriate, the manner and conditions for taking over them for future operation (use) shall be agreed by contract;
(f) with the authority ensuring the development and deployment of the storage network (54), compliance with this concept, if it is a separate covered warehouse; 55)
(g) with the competent trade union authorities:

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Regulation Information

CitationDecree of the Federal Ministry of Technical and Investment Development No. 105 / 1981 Coll., on documentation of buildings
Regulation Type-
Author-
CollectionCode of Laws
Date of Promulgation08.12.1981
Effective from01.01.1982
Effective until-
Status Valid
The regulation text is for informational purposes only.
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