Decree No. 108 / 1966 Coll.
Decree of the State Technical Commission on the authorisation of project activities
Valid
Effective from 01.01.1967
108
DECLARATION
State Technical Commission
of 13 December 1966
on the authorisation for project activities
In agreement with the Ministry of Finance and the Central Council of Trade Unions, the State Commission on Finance, Prices and Wages, the State Commission on Technology, the State Commission on Economic and Scientific and Technical Cooperation and the State Commission on Governance and Organisation, pursuant to § 31 of Act No. 87 / 1958 Coll., on Construction Regulations, and § 239 of the Labour Code No. 65 / 1965 Coll.:
Preliminary provisions
(1) Project activities within the meaning of this Decree are the processing of land plans and studies, project documentation of buildings, including project documentation of exhibitions and interior projects, typing tasks and experimental verification in construction and the provision of professional assistance in this activity.
(2) The activity referred to in paragraph 1 may be exercised only on the basis and to the extent of the authorisation granted. *)
Authorisation for project activities
(1) The authorisations provided for in Article 1 (2) are granted by the Ministry or other central government bodies, regional national committees and national committees directly governed by the Government (hereinafter referred to as "central authorities") after the prior approval of the Ministry of Construction and Technology of the Czech Socialist Republic or of the Ministry of Construction and Technology of the Slovak Socialist Republic (hereinafter referred to as "Ministry of Construction and Technology"), under their jurisdiction and, where authorised by the federal authorities, after the prior approval of the Federal Committee for Technical and Investment Development.
(2) Organisations referred to in paragraph 1 shall mean separate project organisations or project engineering organisations, organisations with a main activity other than the project, the departments of the main architect and the university, or secondary technical school.
(3) Organisations which are not subordinate to the authorities referred to in paragraph 1 shall be authorised by the Ministry of Construction and Technology of the Czech Socialist Republic or the Slovak Socialist Republic on a proposal from the competent central authority of the superior organisation.
(4) The authorisation shall be granted to the organisation after examination and assessment of the facts and data in the application referred to and taking into account the social needs only if:
(a) if it is capable of taking responsibility for the project activity;
(b) if, in the management and other important functions, he employs competent staff with the necessary qualifications, *) provided for by the relevant wage rules;
(c) if, to the extent required by the requested authority, it is competent to provide its own staff with a comprehensive technical and economic solution to project work, including solutions to related territorial relations and environmental and labour safety conditions in accordance with the relevant legislation.
Authorisation procedure
(1) The organisation shall apply for authorisation or, where appropriate, for a change in its scope, by the authority competent under Article 2. The application shall specify:
(a) the name and registered office;
(b) the training (specialisation) and the type of construction or work for which the approved organisation will carry out project activities;
(c) the name of the manager and the name of the statutory representatives of the organisation, * *)
(d) the total estimated number of workers and their composition according to the professional focus in percentage *) and until they reach that status; where the authorisation is renewed, the actual number of workers shall be indicated;
(e) how it fulfils the conditions set out in § 2, paragraph 4. * *)
(2) The central authority shall examine the application if it does not reject it itself, in accordance with Article 2 (1). The approval shall define the scope (specialisation) according to the organisation's professional and functional focus.
(3) The authority which granted the authorisation will send a copy thereof to the competent central statistical authority, the Federal Committee for Technical and Investment Development and the Czechoslovak State Bank; if authorised by the central authority of the Czech Socialist Republic or the Slovak Socialist Republic competent under Paragraph 2 (1), it shall also send a copy to the competent Ministry of Construction and Technology. Similarly, the revocation or modification of the authorisation or its conditions shall be notified. The Federal Committee on Technical and Investment Development and the Ministry of Construction and Technology shall keep records of authorisations issued.
(4) The authority which granted the authorisation must verify compliance with the conditions under which the authorisation was granted.
Amendment and revocation of authorisation
(1) If the authority which granted the authorisation finds that the organisation is in breach of this decree or other provisions, in particular concerning project documentation of buildings, or does not comply with the conditions set out in the authorisation, it may impose additional conditions or authorisations on it or withdraw it, if necessary.
(2) The Federal Committee on Technical and Investment Development and the Ministries of Construction and Technology may carry out random checks on compliance with the authorisations granted by the authorities referred to in Article 2 (1); their warnings must be followed by the authorities which issued the authorisation in accordance with the preceding paragraph.
Award of works to designers
(1) Organisations authorised to undertake project activities may award projects to individuals and other workers (hereinafter referred to as "designers") work in the field of their activities which cannot be provided by their own workers within the framework of their obligations arising from the employment relationship or, where appropriate, by another organisation, or where the nature of the task of the organisation so requires, if the designer fulfils the conditions laid down for the grant of an authorisation under Article 5.
(2) Construction workers (investors) - ("builders") may subcontract work to project documentation designers if the designer is authorised to carry them out and does not exceed the investment cost of the construction 500 000 Kcs. For the building housing cooperative, this limit is increased to 4 million CZK when the project documentation for the housing construction of this cooperative is processed by its member or several designers, at least one of whom is a member of that cooperative and in the designed construction is to be satisfied by his own need for housing.
Authorisation
(1) The permit to carry out work on project documentation, always for a specific construction, shall be issued to the designer at his request, taking into account the social needs of the construction office responsible for the decision on the admissibility of the construction.
(2) The condition for issuing a permit is that the designer
(a) has a higher education in the relevant direction * * *) and at least 6 years of professional experience requiring knowledge of the design of the relevant direction, or has a full secondary vocational education of the relevant direction and at least 8 years of professional experience requiring knowledge of the design; the permit may also be issued to a designer who has a lower vocational training, accompanied by a construction test (according to the regulations in force before 1950) whose work results are consistently high;
(b) be employed in full-time employment and have the prior written consent of the organisation in respect of which the employment is maintained to carry out the work referred to in paragraph 1; consent to carry out such work may only be given by the organisation to the designer which it considers to be competent to carry out such work; the condition of employment in employment is not required for pensioners and women permanently caring for a child of pre-school age; for pensioners, the consent of the district national committee responsible for the place of residence must be sought.
(3) If the construction is part of a concentrated construction, †) it is necessary to grant permission to the organisation performing the function of general designer of this concentrated construction.
(4) The construction office shall not issue a permit if it is aware that the applicant's current work results in the design do not guarantee the required quality of the work.
(5) The designer will pay the construction office a fee in accordance with the regulations on administrative fees.
(6) No authorisation is required
a) when processing documentation of interiors, exhibitions and modifications are entered through the Czech or Slovak Fine Arts Fund;
(b) to carry out the work of scribes, drawing, planographic, bookkeeping and other auxiliary work on project documentation.
(7) The same copy of the permit shall be sent by the construction office responsible for the financial administration according to the place of permanent residence of the designer and shall keep a register of the authorisations issued.
Implementation of work
(1) The organisation concludes an agreement with the designer to carry out the work referred to in Article 4; employment agreements on such works may not be concluded.
(2) An agreement on the performance of such work, with the exception of those referred to in Article 5 (6) (b), may be concluded by a separate project or project engineering organisation only with a worker who fulfils the qualification requirements under the applicable wage rules and under the conditions laid down in Article 5 (2) (b). Other organisations authorised to design may conclude an agreement only with a designer for which the conditions for the authorisation referred to in § 5 (2) are met, by builders only if the conditions set out in § 4 (2) are met.
(3) If a citizen is a builder, he concludes a civil assistance agreement with the designer.
(4) If several designers are to work on the project documentation, the builder will enter into arrangements with one of them under agreements or contracts to coordinate their work.
Assessment of the dossier
(1) If the construction of more complex ground-based technical or architectural conditions is to be carried out, the construction office shall, when issuing a permit, provide that the project documentation must be assessed as it satisfies these conditions before the construction works.
(2) The assessment shall be requested by the designer with a separate project organisation responsible for the location or nature of the construction.
(3) The designer pays 10% of the price of the project documentation for the assessment.
Remuneration
(1) The organisations entitled to the project activity will negotiate a remuneration with the designer * * *) at the level of the salary that would be payable to the designer if he had done the same work in the organisation in employment.
(2) The builders negotiate a reward with the designer
(a) up to 65% of the price, †) project documentation to be assessed (§ 7);
(b) up to 50% of the price, *) project documentation which will not need to be assessed.
The basis for determining the remuneration is the price of the project documentation determined according to the price list of the project work.
(3) Remuneration shall be taxed and paid in accordance with special rules. * *)
(4) The remuneration payable under the provisions of paragraph 2 to a member of a building housing cooperative, subject to the conditions laid down in paragraph 4 (2), shall be used in particular to cover the member's share of the project.
Provisions common, transitional and final
(1) Organisations, authorised under the current rules for the implementation of research and project work, may carry out project activities if the Central Authority requests authorisation under this Decree by 31 March 1967 at the latest. Uncompleted works, the implementation of which has been concluded by that date at the latest, may be completed according to the previous authorisations.
(2) The current rules apply to employment agreements and civil assistance agreements concluded before this decree is effective.
Exemptions from the provisions of Sections 2 (1) and (3), 4 (2) and 5 (2) (a) of this Decree are authorised by the Federal Committee on Technical and Investment Development and by the Ministry of Construction and Technology.
(1) The Decree of the State Technical Commission No 552 / 43 / 66 of 24 March 1966 authorising the Councils of the Regional National Committees to issue project authorisations to subordinate organisations is hereby repealed.
(2) Paragraph 3 of Decree No 144 / 1959 of the Ú. l implementing the Building Regulations Act is amended as follows:
Construction design services
(1) Project documentation for construction and construction works (hereinafter referred to as "documentation") shall be developed by organisations and designers, authorised to work under specific regulations.
(2) The documentation shall be professionally prepared, complete, signed by the responsible designer and builder (investor) (hereinafter referred to as the builder) and bearing the name (s) and address of the processor. If one of these conditions is not met, the construction office shall reject the documentation. In order to ensure the quality of the documentation, processed by the individual designer, the construction office may request from the builder the presentation of the pencil design of the project for preliminary assessment. '
This decree shall take effect on 1 January 1967.
Minister-President:
Dr. Vlasák v. r.
*) This decree does not apply to geological and hydrogeological research and exploratory work, to engineering-geological research work and to projects needed as preparation for such work, provided they are carried out by separate geological research organisations.
* *) The State Technical Commission (Slovak Technical Commission) will request the opinion of the Association of Architects of the CSSR (Association of Slovak Architects).
* * *) For example, project authors and other workers whose current work results provide a guarantee of the quality of project performance.
†) For the association of project studios the name of the head of the studio, for the project components of organisations also the name of the project manager.
† (†) Subdivided into designers of construction, architects, statics, water management, medical engineering, air conditioning, electrical engineering, engineering, engineering, engineering, budget, geodesy, geologists etc.
*) If it is housing or civil construction with more complex architectural conditions, this means university education towards architecture.
* *) It concerns residential and industrial conurbation, housing, administrative and commercial centres etc.
* * *) This remuneration does not include compensation for expenditure in kind which the organisation considers necessary.
†) If an organisation is a builder, the difference between the price thus determined and the price determined by the project works price list shall be equal to that determined by the Ministry of Finance.
*) If an organisation is a builder, the difference between the price thus determined and the price determined by the project works price list shall be equal to that determined by the Ministry of Finance.
* *) Act No. 76 / 1952 Coll., on payroll tax, Act No. 36 / 1965 Coll., on income tax from literary and artistic activities, Act No. 145 / 1961 Coll., on public income tax and regulations issued under these laws.
*) For example, project authors and other workers whose current work results provide a guarantee of the quality of project performance in the new organisation.
* *) For the association of project studios the name of the head of the studio, for the project components of organizations also the name of the project manager.
*) Breakdown into designers of building architects, statics, electrical engineering, technology, engineering, engineering, water management, medical technology, air conditioning, geodets, geologists, budgets etc.
* *) If the organisation requires a project authorisation for buildings protected by monument, it is necessary to express the relevant institution of conservation and conservation.
* * *) If it is housing or civil construction with more complex architectural conditions, this means university education towards architecture.
†) These are residential and industrial conurbation, housing units, administrative and commercial centres etc.
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Regulation Information
| Citation | Decree of the State Technical Commission No. 108 / 1966 Coll., on the authorisation of project activities |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 20.12.1966 |
|---|---|
| Effective from | 01.01.1967 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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