Act No. 115 / 1947 Coll.
Act amending and supplementing the Act of 12 April 1946, No. 86 Coll., on Construction Reconstruction
Valid
Effective from 04.07.1947
115.
Law
of 12 June 1947
amending and supplementing the Act of 12 April 1946, No. 86 Coll., on construction renewal.
The Constitutional National Assembly of the Czechoslovak Republic decided on this law:
The Act of 12 April 1946, No. 86 Coll., on construction renewal, is amended as follows:
1. In Paragraph 1, paragraph 1, the last sentence is replaced by the following:
"Recovery shall be carried out:
(a) new construction, rebuilding or major repair or modification;
(b) an annex (superstructure), if it conforms to a valid and satisfactory adjustment plan, or if it is not justified by an important public interest, in particular by the effectiveness and economy of the construction or by the requirement of good looks;
(c) other construction activities only if they are carried out at the same time as reconstructions or substantial repairs or changes or additions to the damaged building or - if they are carried out separately - the damage is eliminated by the cost of more than CZK 250,000, in the case of agricultural holdings and family homes and houses of general-purpose construction cooperatives, by the cost of more than CZK 50,000;
(d) rebuilding or substantial repair or modification or extension of an object which has not been damaged in connection with war events or hostile occupation and which belongs to the owner whose other object has been so damaged or destroyed and is not to be restored in its original place, but only provided that the necessary housing or economic units are still acquired in this case. "
2. In the first sentence of Paragraph 1 (2), the words "and in order to improve the original situation as much as possible in the individual and in whole 'are deleted.
3. Paragraph 2 (2), first sentence, reads as follows:
"The Regional Commission (Regional Commission) in Slovakia consists of four members, namely three technical experts and one legal one; However, the number of their members may be reduced to two, while one of them must always be a lawyer. '
4. In Paragraph 3, paragraph 1, first sentence, the words "as possible 'shall be inserted before the word" agent'.
5. In Paragraph 3 (3), at the end of the first sentence, the dot is deleted and the words "and the Regional National Committee - in Slovakia, the State Building Office" are added; in the second sentence, the words "the Regional National Committee 'are replaced by the words" the District National Committee'; in the third sentence, the words "the Regional National Committee 'are replaced by the words" the Regional National Committee'; in the fourth sentence, the words "the Regional National Committee 'are replaced by the words" the Regional National Committee';
6. In Article 3, new paragraphs 5 and 6 are inserted after paragraph 4:
"(5) In the absence of a renewal agent, its activities are carried out by the District National Committee in Slovakia, the State Building Office.
(6) For continuous severely damaged areas, determined by the Government pursuant to Paragraph 1 (2), where there is a significant number of destroyed or damaged agricultural holdings and family houses of one or two apartments in which the owner resides, with an area of his own residential area of up to 80 m2 or with a small business establishment, the Minister of Technology (in Slovakia, a technical officer) may appoint a principal agent for the renewal of all the premises in these territories. The scope of the principal shall apply to at least the district of the administrative district and shall be subject to all provisions concerning the recovery agent; by derogation from the provisions of paragraph 3, the promise shall be placed in the hands of the Minister of Technology (in Slovakia, in the hands of the Technical Officer) and shall be subject to supervision and direct instructions by the Minister of Technology (in Slovakia through the Technical Officer). Where these guidelines concern financial matters, they shall be issued by the Minister of Technology in agreement with the Minister of Finance. ';
7.
"(1) The Regional National Committee - in Slovakia, the State Planning and Statistical Office - shall decide according to the Directives and Guidelines (§ 1 (2)) and publish in the Official Journal, in Slovakia, in the Official Journal (Úradnom vestník) for which municipalities are subject to the provisions of this Act."
8. in Article 4 (2), (5), (1) and (7), (1) (a), the comma after the figure "1" is deleted and the words "(a) are deleted."
9. In Paragraph 5, paragraph 1, first sentence, the word "without delay" shall be deleted.
10. In Article 5, paragraph 4 is added after paragraph 3:
"(4) With the removal of sputins and debris referred to in paragraphs 2 and 3, it may wait until the recovery of the object in question has begun, unless the current state of public safety is jeopardised and there is a health defect. ';
Paragraph 4 shall be renumbered 5.
11. the following sentences shall be inserted at the end of Paragraph 7 (1) (d):
"The Ministry of Technology, in agreement with the Ministry of Finance, in Slovakia through the respective mandates, may grant aid to municipalities through State resources to carry out such preparatory work, provided that the costs associated with them cannot be reimbursed by their means. '
12. Paragraph 7 (2) shall be replaced by a semicolon at the end of the first sentence, and the following provision shall be inserted: "If the entire municipality, which is mainly agricultural, is to be restored, the representative of the Ministry of Agriculture shall be invited to the Slovak Republic, also the authority responsible for agriculture and land reform."
13. Paragraph 7 shall be added to the following two paragraphs (sixth and seventh):
"(6) Where there is an urgent need for this, it may be carried out, provided that the parties do not object and that there are no other obstacles, in particular in regulatory terms, either at the request of the party or ex officio, in the light of the fact that the Regional (District) Recovery Commission will carry out the local examination referred to in paragraph 2 without prior action under paragraph 1.
(7) If, exceptionally, the renewal of the destroyed objects is to be carried out by new constructions in the perimeter of another municipality, the proceedings referred to in paragraphs 2 and 3 shall be linked to the two municipalities concerned. '
14. the following sentence shall be added at the end of Paragraph 8 (1):
"The dimension may relate either to the whole municipality or to some parts of it, or only to some objects in the municipality (partial area)."
15. In Paragraph 8 (2) (a), the words "as well as" shall be deleted at the end; point (b) of the third line shall not end with a dot but with a comma and the words "as well" shall be added; the following point (c) is added:
"(c) if the municipality has a satisfactory adjustment plan, which may be a basis for recovery."
16. Paragraph 8 (4) reads as follows:
"(4) In order to assess which industrial plants or their objects need to be renewed (§ 1 (1)), the binding decision or measure of the Minister of Industry, issued in Slovakia by an entrant of industry and trade, in agreement with the Minister of Nutrition, is also taken in Slovakia after the statement of the entrant of nutrition. The inventory of these objects in the respective municipality will be drawn up by the local national committee and sent to the Ministry of Industry (Slovakia through industry and trade mandates) for consideration. The decision will then be sent directly by the Ministry of Industry (Slovakia through the entrustment of industry and trade) to the relevant Regional (District) Commission for Reconstruction. Only under this Decision can such plants or their objects be included in the scope. '
17. in § 8 (5), the citation "[§ 4 (1) (b)]" shall be deleted.
18. in Paragraph 8, paragraph 7, the second sentence is deleted and replaced by the following:
"The municipality may appeal from the notice (paragraphs 1 and 6). The owners of the properties concerned may appeal only against the decision of the measure referred to in paragraph 3 (a) and (e). An appeal will be decided by the Ministry of Technology, in Slovakia mandated by the technician."
19. In Paragraph 10 (1), the following provision shall be inserted as the second sentence:
"He who requests expropriation shall be entitled to submit a request for the creation or change of construction sites."
20. In Paragraph 11 (2), the following shall be added to the place of the word "decide": "relieve the owner of the obligation to renew and may decide."
21. In Paragraph 14 (1), introductory sentence, the citation "Sections 8 and 9" is replaced by the citation "Sections 8, 9 and 13."
22. in Paragraph 14 (1), the following provision shall be inserted as point 1: "1. If the procedure for the division or conversion of land into a construction site or for the communication of a building line or building permit is already fully prepared (in particular if the relevant plans are presented and if the neighbours and representatives of the municipality have no objection to the discussion, in particular if their agreement with the request is proved), the Regional Commission may, in its local inquiry, also carry out a comitology procedure under the building rules and decide on the application at the site of the building office by a separate purpose against which the parties may appeal to the Regional National Committee, in Slovakia, to be entrusted with the technology. The permit under the construction regulations may be issued only with the recovery dimension. '
Point 1 is renumbered 1a.
In point 2, the second sentence is replaced by the following: "Where its decision amends the recovery notice, the provisions of Sections 7, 6 and 7 shall apply mutatis mutandis. ';
23. in Paragraph 14 (2), the following new first sentence shall be inserted before the text:
"Guidelines on the way in which construction works are carried out (Section 13 (3)) may derogate from the rules of the existing building regulations and regulations and from the provisions of the preceding paragraph, but must ensure appropriate safety of supporting structures, thermal and sound impermeability, as well as resistance to fire of used buildings and in particular the basic conditions of healthy housing. The apartments must be perfectly dry, aerated, properly lit and equipped with adequate, technical progress corresponding to adequately ventilated accessories. '
24. In Paragraph 15, first sentence, the words "except for the provisions of Paragraph 22 (a)" are added at the end.
25. in Paragraph 16, paragraphs 1 and 2, the words "planning and."
26. Paragraph 16 (3) of the following text is inserted after paragraph 2:
"(3) For the renewal of industrial buildings, carried out outside the procedure referred to in Part I, the aid referred to in paragraphs 1 and 2 above may be granted if the decision of the Minister of Industry is taken pursuant to Paragraph 8, paragraph 4. '
Paragraph 3 shall be renumbered 4.
27. In Paragraph 17, Clause 1 will have the following new wording:
'1. Taking over the State guarantee for the loan granted by the construction works to cover the costs associated with the renewal of the building, up to the full amount of the cost and for the loan made by the municipality for the renewal of the agricultural estates and family houses referred to in § 3, paragraph 6, also where appropriate. '
28. The following shall be inserted after Paragraph 18:
Aid for the recovery of confiscated property.
(1) In the case of the promotion of property confiscated under the decree of the President of the Republic of 21 June 1945, No 12 Coll., on the confiscation and accelerated distribution of the agricultural assets of Germans, Hungarians, as well as the traitors and enemies of the Czech and Slovak peoples (in Slovakia pursuant to the Decree of 23 August 1945, No 104 Coll. on the confiscation and accelerated distribution of the agricultural assets of Germans, Hungarians, as well as the traitors and enemies of the Slovak people, as amended by the Decree of 14 May 1946, No 64 Coll. SNR), or under the decree of the President of the Republic of 25 October 1945, No 108 Coll., on the confiscation of enemy assets and National Recovery Funds, the aid may be granted to the fund of the national administrator of the funds and to the agricultural property and to the person who has received the object for the administration and use, after the general purpose of the housing.
(2) Until such time as a person becomes a library owner of confiscated property, the obligations imposed in § 24 affect the person receiving the aid.
(3) The provisions of the preceding paragraphs apply mutatis mutandis to property which, pursuant to Paragraph 2 (3) of Decree No. 108 / 1945 Coll. is not subject to confiscation, unless the property has been returned to the original owners pursuant to § 4 (1) of the Law of 16 May 1946, No 128 Coll., on the nullity of certain property-law acts from the time of liberty and on claims from that invalidity and other interference in the property-based assets. In such cases, aid may be granted to the original owners if they hold assets not yet recovered. '
29. In Paragraph 19 (1), the words "finance and interior" are inserted for the words "words" and also for residential buildings in agreement with the Ministry of Technology. "
30. the following sentence shall be added at the end of Paragraph 20 (4):
"Compensation (advance) of war damage, or other contribution, aid and such., granted for the renewal of an object which has been decided by the purpose of renewal to be renewed [Paragraph 8 (3) (a)] may be paid only under the Ministry's directives in respect of which compensation (advance), other contribution, aid and grants have been granted. '
31. In Paragraph 22 (1), the words "finance and interior" are inserted into the words "words" and also in agreement with the Ministry of Technology for residential buildings. "
32. Paragraph 22 (3) shall be replaced by a semicolon at the end of the third sentence and shall include the following provision: "In doing so, the net benefits of the head of the family must be added to the household's pension and in cases where the total income of the taxpayer and members of his family, including their net benefits, exceeds the amount of 100 000 Kcs, including the net benefits of the family members."
33. In Section 22, in paragraph 9, the words "in proportion to the State contribution paid to the values (in the plot, in the retained part of the building, in the money and under.) by which the owner participated in the renewal 'are replaced by the words" in proportion to the enlargement of the building to its original extent before damage. However, the co-ownership of the State must never be greater than that resulting from the ratio of the State contribution paid to the values (in the land, in the retained part of the building, in the money and under.) by which the owner participated in the renewal. The object is restored to a significantly larger extent if the enlargement is at least one half of its scope before damage (destruction).'
34. the following shall be added at the end of Paragraph 22 (10):
"and family houses with a maximum of two apartments, each of which shall not exceed 80 m2 of area."
35. the following shall be inserted after Paragraph 22 (a):
"C1 State aid for agricultural holdings and family houses referred to in § 3 (6).
(1) The municipalities in whose district the reconstruction of agricultural holdings and family houses referred to in § 3 (6) shall bear the cost of carrying out the reconstruction of these buildings, up to four fifths of the construction costs required by the renewal of the individual buildings to the original extent. The State grants State aid to the municipality for a loan to cover costs pursuant to § 17, § 1 and § 2, namely the full amount of the annual instalments (interest and recovery) of the loan, if the loan is concluded under the conditions set out in § 20, paragraph 1, paragraphs 1 and 2 and paragraphs 6 and 7. The loan is not provided and will be released according to the construction process. The purpose of granting State aid under Section 17 is to replace the approval of the loan under the rules on the approval of municipal loans.
(2) The remaining construction cost for the renovation of the buildings referred to in the previous paragraph shall be borne by the builder. If a loan to cover this amount of the cargo is concluded, the State grants it a State guarantee for the loan provided for in § 17, No 1; for a period of five years from the end of the year in which the renewal of the building was completed, the State will grant the construction site a State contribution to the annual instalments (interest and recovery) of the loan provided for in § 17, No 2.
(3) The Ministry of Technology, in agreement with the Ministry of Finance, Social Welfare and Home Affairs - in Slovakia, the Ministry of Technology in agreement with the relevant delegates - is hereby authorised to accept guarantees and to grant loans to the municipality under paragraph 1.
(4) The Government shall designate a regulation in which cases, to what extent and how advantages similar to those referred to in paragraphs 1 and 2 may be granted to builders of agricultural holdings and family houses referred to in § 3, paragraph 6, which are not renewed by the principal agent or have already been implemented. '
36. in the first sentence of Article 23 (1), the words "in the case of § 22 a (1) municipality" shall be inserted in the first sentence after the words "in the case of § 22 a (1) municipality"; in the third sentence, the words "building office" shall be replaced by the words "district national committee, in Slovakia at the State Building Office," and the following new sentence shall be added at the end of the paragraph: "District National Committee (State Building Office) shall examine the application and submit, with a reasoned proposal, to the competent Ministry, the competent authority in Slovakia."
37. the following Section 25a is inserted after Section 25:
If the builder is unable to pay the costs associated with the acquisition of construction plans and budgets, neither from his own resources nor from the compensation (advance) of war damage or from any other contribution or support, the District National Committee, the State Building Office in Slovakia, may admit to him, through State resources, the necessary interest-free advance under the directives issued by the Ministry of Technology in agreement with the Ministry of Finance, as regards Slovakia, also after the comments of the respective delegates. The advance shall be paid in the priority order of the loan guaranteed under § 19 to 21. '
38. In § 26, No 5, after the word "law", the words "and in the library order of the previous unguaranteed loans concluded to cover the costs of the renewal of the associated" are inserted.
39. In Paragraph 26, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) Construction under this Act shall be exempt from municipal building charges, unless the exemption already results from the provisions of paragraph 1, No 1. '
40. the following Article 29a is inserted after Article 29:
Measures necessary for communication and health facilities.
If the whole municipalities, their districts or streets are restored, or if the buildings are restored to new areas, the municipality is obliged to build the most necessary access roads and to expand the sewage and water supply facilities to the extent necessary when carrying out the restoration. Where a contribution is granted to municipalities under the rules in force to build such facilities, that contribution shall be granted in the priority order of the municipalities which carry out such construction to fulfil the obligation under the preceding sentence. ';
Where necessary in order to carry out the tasks provided for in the Act of 25 October 1946, No 192 Coll., on a two-year economic plan, the Regional National Committee may authorise the construction office to carry out, in the municipalities where the procedure laid down in Sections 7, 2 and 3 of Act No. 86 / 1946 Coll., this procedure is carried out and on its behalf, issue a specific partial renewal notice (§ 8) as regards the buildings to which the renewal is part of the tasks of the two-year economic plan and is to be carried out by construction activities other than the new construction, and unless the implementation of the renewal involves a change of the adjustment plan.
Where Law No 86 / 1946 Coll. uses the words "Ministry of Transport (Public Administration of Technical) ', these words are replaced by the words" Ministry of Technology', where it uses the words "Ministry of Labour Protection and Social Welfare ', these words are replaced by the words" Ministry of Social Welfare' and where it uses the words "Ministry of Transport and Public Works', these words are replaced by the words" entrustedauthority '.
Where Law No 86 / 1946 Coll. uses the words "in agreement with the competent authorities' in order to regulate the competence of individual ministries in Slovakia, the words" in agreement 'shall be replaced by the words "after observations' and the word" post office 'in the appropriate form by the words "mandate'
The Minister of Technology is hereby authorised to amend and publish in the Collection of Laws and Regulations the full text of Act No. 86 / 1946 Coll., as is apparent from the amendments made by this Act.
This Act shall take effect on the day of its publication; It shall be implemented by the Ministers of Technology, Social Welfare, Finance and Interior in agreement with the Ministers involved.
Dr Beneš v. r.
Gottwald v. r.
Ing. Kopecký v. r.
Dr. Unedible v. r.
Dr Dolansky v. r.
Nosek v. r.
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Regulation Information
| Citation | Act No. 115 / 1947 Coll., amending and supplementing Act of 12 April 1946, No. 86 Coll., on Construction Reconstruction |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 04.07.1947 |
|---|---|
| Effective from | 04.07.1947 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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