Act No. 107 / 1946 Coll.
Act on the modification of construction activities and the allocation of building materials
Valid
Effective from 30.05.1946
107.
Law
of 7 May 1946
on the modification of construction activities and the allocation of construction materials.
The Provisional National Assembly of the Czechoslovak Republic decided on the following Act:
Construction modification.
(1) During the transitional period of the shortage of building materials, construction works may be carried out only if the competent authority assigns the necessary building materials to them (Section 2 (1)). Construction means all construction works on land, railway, road, bridge, water, underground and other construction works (including maintenance works) and artisanal works, if these works require fixed construction materials.
(2) The restriction provided for in paragraph 1 shall not apply:
(a) buildings for which, following the exemption in 1945, an exemption from the ban on construction was granted pursuant to existing regulations;
(b) buildings for which only building materials which can be acquired freely (pursuant to Paragraph 2 (4) or building materials which are not bound) are required; and
(c) the work of craftsmen which is not carried out in connection with their own construction works and for which the linked building materials assigned to the craftsman are sufficient to operate the trade.
(3) Bound building materials can only be assigned for construction works, the execution of which is either urgently needed for public reasons or in the life interest of the construction works, to the extent appropriate to their purpose and in agreement with economic, transport, health and other public interests. The necessity of the construction confirms
(a) a local national committee, if it is for private residential buildings; and
(b) the competent central office or subordinate office authorised by it for all other construction works.
(4) The provisions of the Regulation of the President of the Supreme Supply Office of 14 July 1942, No 127 of the Coll. on the limitation of the implementation of buildings, remain without prejudice to the amendment resulting from the provisions of Paragraph 3 (2).
Bound building materials.
(1) Bound by building materials are iron, wood, cement, bricks, bags, parts of assembled structures and cover and insulating cardboard. These masses (except as referred to in paragraph 4) may only be obtained when they have been assigned by the competent authority. Producers are required to report all binding building materials which they extract or produce, to the Ministry of Agriculture, in Slovakia, to the pre-accession and land-use reform units, when it comes to the extraction or processing of timber, and to the Ministry of Industry, Slovakia, to the pre-priemysel and trade, when it comes to the production of other materials.
(2) The Economic Council will decide on the amount of individual fixed construction materials to be assigned to the buildings and shall distribute them, as appropriate and with urgency, in the light of the economic plan in the part (s) which they manage
1. Ministry of Transport
(a) for public or private buildings - that is, all buildings for industrial, commercial and agricultural purposes - in the case of buildings referred to in (b) or (2) or (3) of this paragraph;
(b) for construction related to the operation of all installations (public and private, including cableway, suspension, trolleybuses and lifts of industrial plants),
2. the Ministry of National Defence for military construction,
3. Ministry of Posts for buildings related to postal and telecommunications operations.
(3) For smaller buildings (§ 3 (2)), the contingent administrators shall allocate a reasonable amount of bound building materials to the administration of their subordinate building, after other offices, responsible for certain specific constructions (e.g. railway, mining).
(4) The Ministry of Agriculture in respect of wood and the Ministry of Industry in respect of other bonded materials may, by decree in the Official Gazette, determine to what extent and under what conditions these materials can be obtained freely.
(5) For the purposes of the construction needs referred to in paragraphs 2, 1 and 3 in Slovakia, the Economic Council shall allocate a reasonable amount of construction materials; These parts of the contingent are managed by the prepriemysel and trade units, which also decide on the allocation of building materials. The powers of the competent central authorities under Articles 1, 3, (b) and 2 (4) shall be exercised by the competent authority in Slovakia. The measures provided for in Article 2 (4) shall be published in Slovakia by the prepriemysel and the trade in Úradnom Vestník.
(6) The scope, under this Act, which falls within the scope of the State Building Offices in Slovakia, of the regional national committees.
Procedure for the allocation of bound building materials.
(1) In addition to the annexes prescribed in the relevant special regulations (construction regulations, water law and so on), the construction contractor shall attach to the application for permission to build:
(a) confirmation of the need for construction (§ 1 (3));
(b) three, in the case of smaller constructions (paragraph 2), a double calculation of all the necessary bound construction materials, indicating which of them and in what amount they already hold or hold and the construction budget or estimate of the construction cargo. The calculation of the mass and construction budget needs or the estimation of the construction load shall be obtained or confirmed by the person authorised to carry out the construction of the proposed method and type and confirmed by the construction office.
(2) If the construction of a total construction load of up to 200.000 Kčs is concerned, the construction or other competent authority shall examine the application and take account of its assigned and not yet divided bundled construction materials, allocate it in quantities which it has identified by expert examination of the construction design and at the same time allow an exemption from the ban on construction in Slovakia.
(3) If the total construction cost exceeds 200,000 CZK, the Office shall submit the relevant documents [paragraphs 1 (a) and (b)] with one building plan and its assessment to the Central Office (§ 2, paragraphs 2 and 5), which shall decide on the allocation.
(4) When constructions are carried out by the State, country, district, city entrusted with the tasks of the construction office or undertaking, institute or fund managed by it, the construction proposal shall be examined by its technical expert official by the office in whose field the construction belongs. The relevant assessment shall be accompanied by an application for approval of the construction. If the competent central authority has already decided in advance on the allocation of tied building materials, the procedure under this paragraph shall be terminated.
(5) The procedure referred to in paragraph 2 or 3 shall, as a general rule, be carried out before the procedure prescribed in accordance with the relevant special rules; the permit needed to carry out the construction shall be issued only after a favourable decision has been taken on the application for the allocation of tied building materials. In the cases referred to in paragraph 2, the building or other competent office shall assign bound building materials at the same time as the permit for construction is issued.
(6) If a construction permit is not required or if it has previously been granted and is still valid, the builder shall submit an application for the allocation of bound building materials with all the prescribed documents at the first stools of the competent authority. If the construction has already started, the prescribed calculation of the need for building materials and the construction budget or estimation of the construction load shall be prepared for the remaining work only and a description of the work already carried out and, if necessary, the construction plan shall be attached, if necessary, a photograph.
(7) There is no legal claim to the allocation of bound building materials.
(8) Bound building materials can only be used for the construction for which they were assigned. Those of them, which for any reason were not used for this construction, must immediately report to the office which assigned them to them and treat them as instructed by them. If the owner is ordered to forward them to another person, the construction office shall determine the compensation in accordance with the price regulations. The competent central authority or the subordinate authority empowered by it shall supervise the correct use of the assigned building materials.
(9) For the buildings referred to in § 2 (2), § 2 (2), § 1 (b), § 2 and § 3, the relevant ministries, with regard to Slovakia, may, by way of derogation, adjust the procedure in agreement with the competent authorities. If it is a non-state building, it will become a decree in the Official Gazette and, as regards Slovakia, in Úradnom Vestník.
Special arrangements for the allocation of building materials for reconstruction of affected municipalities.
(1) In the construction works carried out under the Act of 12 April 1946, No. 86 Coll., on construction renewal, the renewal agent (Section 3 of that Act) shall submit to the District National Committee - in Slovakia, the State Building Office - a two-fold proposal for the mass allocation of building materials for buildings included in the single building event (Section 11 of the same Act). The application shall be accompanied by two copies:
(a) an officially certified extract of the recovery notice (Sections 8, 2, (b) and 3 (h), (ch) and (i) of the same Act);
(b) the description of the construction works carried out by the name of the builders and the numbers described, in the case of the building plot numbers,
(c) an estimate of the construction load of each building and the measurement or estimation of the quantities of bound building materials by type and their total for each building.
(2) The Regional National Committee - the State Building Office in Slovakia - will submit a proposal with its report to the Ministry of Transport (Public Administration Technical) - in Slovakia to the prepriemysel and trade - for decision. The mass allocation of tied building materials will be issued by the District National Committee - in Slovakia by the State Building Office - by the Reconstruction Agents, which will charge them precisely after the construction.
(3) The procedure laid down in paragraphs 1 and 2 is also permitted outside a single construction operation, provided that a larger number of construction buildings are individually restored in the municipality. In this case, the proposal for a mass allocation of bound building materials shall be accompanied by an extract of the provisions of the renewal notice [§ 8, paragraph 2, point (b) and paragraph 3, point (h) and (i) of Act No. 86 / 1946 Coll.], indicating how many of the buildings envisaged by the measurement have already been built up and how many of the fixed construction materials, estimated by the measurement according to § 8, paragraph 3, point (i) of the same Act, may have already been used for a single construction operation or for individual reconstruction.
Change and relief.
Government - in Slovakia, in agreement with the Sovereign Corps, by regulation:
1. to change the amount which is relevant for the jurisdiction of the Office pursuant to § 3 (2) and (3);
2. to grant limitation relief under previous provisions, where:
3. cancel these restrictions at all.
Criminal provisions.
The acts or omissions transposing the provisions of this law shall be punishable by a fine of up to 100.000 CZK or by a prison (lock-down) within 6 months or both. At the same time as the fine, in the event of imperfections, a replacement prison sentence (lockdown) shall be imposed in accordance with the rate of guilt within 6 months. If a penalty has been imposed in addition to the fine, it must not be more than six months in prison, together with the replacement sentence (lockdown). When punishing a person entitled to lead or to conduct a construction or to confirm the accuracy of technical calculations, plans and plans, the loss of his or her authorisation may also be declared for a certain period of time.
Transitional provisions.
(1) With the exceptions provided for in paragraph 2, the applicability of the provisions which are contrary to the provisions of this Act, in particular the Government Decree of 30 April 1943, No. 118 Coll., on the reregulation of the prohibition of construction works, Regulation No. 127 / 1942 Coll. and the regulations are changing and complementary.
(2) The criminal provisions of Decree-Law No 118 / 1943 Coll. may continue to be applied in the infringement proceedings of that regulation if they were committed after 4 May 1945 and the proceedings have not yet been completed.
Final provisions.
This Act shall take effect on the first day following its publication; It shall be carried out by transport, national defence and post ministers in agreement with the ministers involved.
Dr Beneš v. r.
Dr Stránská v. r.
Gen. Hasal v. r.
Gen. Svoboda v. r.
Hala v. r.
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Regulation Information
| Citation | Act No. 107 / 1946 Coll., on the modification of construction activities and allocation of building materials |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.05.1946 |
|---|---|
| Effective from | 30.05.1946 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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