Decree of the Federal Ministry of Technical and Investment Development and State Planning Commission No. 128 / 1978 Coll.
Decree of the Federal Ministry of Technical and Investment Development and the State Planning Commission on Comprehensive Housing and Investment Systems which make Comprehensive Housing
Valid
Effective from 01.01.1979
128
DECLARATION
Federal Ministry of Technical and Investment Development and State Planning Commission
of 31 October 1978
on complex housing and investment schemes which make complex residential construction conditional on
The Federal Ministry of Technical and Investment Development, in agreement with the Ministry of Construction and Technology of the Czech Socialist Republic and the Ministry of Construction and Technology of the Slovak Socialist Republic pursuant to § 53 (b) of Act No. 133 / 1970 Coll., on the jurisdiction of federal ministries, and the State Planning Commission pursuant to § 17 (1) (d) and (e) and § 4 of Act No. 145 / 1970 Coll., on National Economic Planning, provides:
INTRODUCTORY AND GENERAL PROVISIONS
Purpose and scope
(1) For complex housing construction (1) and for complex residential construction (1), which are not defined as tasks of the State Plan (hereinafter referred to as "conditional investment") (2), complex housing schemes and conditional investments (hereinafter referred to as "the CBTs") are processed as:
(a) specifying the schedule of tasks of the State plans, (3) where applicable, the economic plans; and
b) the basis for the preparation and implementation of the buildings.
(2) The Decree lays down the obligations of the building participants, their superiors and central authorities and the obligations of certain other organisations, their supervisors and central authorities, as appropriate, as well as the tasks of the national committees in the processing, negotiation and approval of the CSDs and in the management of the construction process.
CBB Scheme
(1) The HBV scheme is a summary of the data and, where appropriate, of the documents (Section 6), expressing in particular the factors which are decisive in terms of substance and timing for ensuring binding tasks and compliance with the binding limits and indicative indicators of the state and economic plans for complex housing.
(2) The development of the CSBs, the timing of the processing and discussion of the CSBs are determined and the CSBs are approved by the Regional National Committees, the National Committee of the City of Prague and the National Committee of the Slovak Socialist Republic of Bratislava (hereinafter the "Regional National Committees").
(3) The KBV schemes are processed annually by district for the territory of individual regions, the capital of Prague and the capital of the Slovak Socialist Republic of Bratislava in two successive stages:
(a) at the first stage during the period of preparation of the State Implementation Plan;
(b) in the second phase after the approval of the implementing State plan.
(4) The purpose of the first phase of the KBV scheme is in particular:
1. demonstrate, or agree on, the provision of critical project documentation or decide on, at least partially implemented in the next three years;
2. for all construction works planned to start in the second year of this three-year period, demonstrate, or agree (if necessary), all participants in the construction (§ 3 (1)),
3. agree, for all the buildings built-up and planned to start in the first year of the three-year period, on the basis of a Directive for the development of implementing State plans, the volumes of works and supplies, the dates for their start and completion, broken down into building buildings and, where appropriate, operational files, and the dates for the submission of project documentation for them.
(5) In particular, the purpose of the second phase of the KBV scheme is to specify the first phase data and indicators of the KBV scheme for the year of the implementation of the State Plan according to its tasks and indicators.
(6) The first phase of the KBV schemes approved under § 10 (4) replace written cooperation agreements pursuant to § 12 (1) and § 16 (2) of Decree No. 163 / 1973 Coll., on documentation of buildings.
(7) The HBV scheme, processed and negotiated under this Decree, is a protocol to discuss supplier-customer relations. 4)
(8) For complex housing buildings for financing purposes, the CSBs approved under Paragraph 10 (4) replace the investment construction plan and the nominal list of buildings. 5)
Construction participants and their obligations
(1) The construction participants for the purposes of this decree are:
(a) investor organisations (or organisations empowered by them to carry out the activities of the investor) of complex residential construction buildings and conditional investments, or other structures covered by the CSBs (hereinafter referred to as "the investor"),
(b) general designers,
(c) suppliers of investors, including suppliers of machinery and equipment, and, where applicable, the suppliers of 6) of the investor ("suppliers").
(2) The construction participants are required to:
(a) cooperate and participate in the processing of the HBV regime;
(b) to check the progress of the construction operations provided for by the BV;
(c) to participate in the control days; and
(d) to address the discrepancies arising during the preparation and implementation of the construction.
(3) The construction participants benefit from workers' initiatives during the preparation and implementation of the buildings covered by the CTB. in so doing, cooperate with the competent authorities, in particular trade unions and social organisations, to ensure the planned tasks.
PROCESSING, INVESTIGATION, APPROVAL AND USE OF THE KBV SCHEME
Documentation for the processing of the KBV schemes
The documentation for the processing of the KBV modes is based on the degree of preparedness or build-up of individual structures, in particular:
(a) guidelines for drawing up a five-year and implementing State plan and State plans;
(b) approved zoning plans and zoning projects for residential areas, 7)
(c) investment programmes for complex housing, 8)
(d) investment projects of buildings issued, 9)
(e) approved construction project tasks, 10)
(f) registration sheets of project tasks and start-ups, 11)
(g) approved initial (single-stage) construction projects (12) including construction organisation plans and within them
(a) evidence of discussion of construction organisation plans, 13)
gb) initial (one-stage) project approval protocols, 14)
(h) lists of contingent investments;
(i) economic contracts, 15)
(j) the data and evidence of the current state of the project documentation,
(k) for built-up buildings, construction buildings and operating sets, data and evidence on the current state of work and supplies and statistical findings of previous periods;
(l) the CTVs approved in the previous period.
Conditions for the inclusion of buildings in the KBV schemes
(1) The first phase of the first stage of the KBV schemes include complex housing construction and contingent investments with a cost of 16) over 10 million Kčs only on the basis of an approved zone zoning project.
(2) The second phase of the KBV schemes include complex housing structures and conditional investments with costs above 10 million Kčs only on the basis of an approved initial (one-stage) project.
Table 1
(1) In particular, the HBV scheme contains:
(a) the nominal lists of complex residential buildings and conditional investments, their building buildings and operating files, indicating the dates for their commencement and completion;
(b) a summary of the volume of works and supplies according to the type of construction and the number of all completed and opened apartments and the number of beds in accommodation facilities included in the complex housing construction according to the implementing state plan and the economic plans in the county or district;
(c) a nominal list of residential files;
(d) manufacturing security of complex residential buildings and contingent investments by supplier;
(e) a nominal list of contingent investments;
(f) registration from the final discussion of the KBV scheme (§ 8),
(g) decisions of supervisors or central authorities on possible conflicts (§ 9 (4)); and
(h) a decision on any exemptions from the provisions of Section 5.
(2) The construction works under the KBV scheme are listed in accordance with the individual guidelines of the State Planning Commission for the elaboration of draft implementation plans broken down by building objects and operating files according to the latest approved preparatory or project documentation.
(3) Labour and supply volumes in the past period under the HBV regime are reported according to statistical reports 17) at an amount corresponding to the costs incurred during the relevant period, irrespective of the way in which each supply is invoiced and paid.
Procedure for processing the KBV schemes
(1) The Regional National Committees shall designate the processors of the HBV scheme and the time-frame for processing and consulting 18) in order to comply with the deadline for submission of the HBV scheme pursuant to Article 10 (2).
(2) The processor is obliged to process the HBV scheme together with the construction participants.
(3) In the processing of the HBV scheme, senior investor authorities and, where appropriate, senior bodies or organisations of other building participants are also required to cooperate. Subcontractors, including importers, are also required to cooperate, where necessary, at the request of construction participants in the processing of the HBV scheme. In particular, they shall be obliged to state whether they are able to make deliveries within the proposed deadlines. The processor of the CTB scheme shall submit to the construction participants the relevant part of the CTB scheme for comments not later than three days before its final examination.
(4) In the case of built-up buildings, construction buildings and, where applicable, operational files which delay the date of completion mentioned in the previous scheme, the newly negotiated term is a replacement term which, except in the case of special regulations, does not constitute a basis for amending economic contracts.
(5) Any need to agree deadlines that do not ensure the timely completion of the construction and compliance with the construction deadlines, 20) the construction participants are obliged to inform their superior authorities immediately.
Final discussion of the KBV schemes
(1) The final discussion of the HBV scheme is provided by its processor (Section 7 (1)) or, where appropriate, by the National Committee designated by the Regional National Committee.
(2) The statutory bodies of the building participants or authorised personnel and representatives financing the branches of the Czechoslovak State Bank shall participate in the final discussion of the CSB scheme, who shall sign the CSB scheme or the registration referred to in paragraph 3 after the examination of the proposal.
(3) At the end of the discussion, the processor of the HBV scheme shall draw up the minutes. By signing this registration or the form of the CTB scheme, construction participants declare that they will secure supplies under the CTB scheme, except in the case of differences, in the volumes and dates specified in the nominal lists [Paragraph 6 (1) (a)].
Dispute proceedings
(1) If no agreement has been reached on certain issues between the investor and other participants in the construction, the outstanding discrepancies shall be indicated in the separate section of the minutes referred to in § 8 (3) or in a separate sheet, in the processing of the KBV scheme, or in its final discussion or on the control date (§ 11). The following shall be indicated for each dispute:
(a) the participants concerned in the construction between which the conflict arose and their superiors and central authorities;
(b) the nature of the discrepancy and its implications for the continuation of construction;
(c) the opinion of the construction participants concerned, 21)
(d) a proposal for a solution to the conflict or, where appropriate, all proposed solutions, 21) if no agreement has been reached on this issue,
(e) the time limits within which the conflict must be resolved in order to manage the construction under the HBV scheme.
(2) An entry containing a discrepancy or a discrepancy sheet signed by the statutory authorities of the construction participants concerned shall be submitted by the investor, together with the relevant part of the CBV scheme, within three days of the final discussion or control date (§ 11) to his superior authority and to the superior authorities of those building participants between whom the discrepancy has arisen or whose supply relates.
(3) The authorities responsible for the construction are obliged to decide within 10 days of receipt of the registration (the sheet of division) or, if they do not remove the discrepancy from the proceedings of their statutory authorities within the same period, to submit it to their central authorities without delay. The central authorities shall decide on the contradiction no later than 10 days after the date of service. The discussions of the contradictions shall be organised by the Regional National Committees, as appropriate, so that the contradictions of the CSB regime are dealt with jointly.
(4) The decisions referred to in paragraph 3 shall be sent within three days to their subordinate authorities or organisations and processors of the HBV regime by their superiors or central authorities, as appropriate.
(5) The processor of the CSB shall include the content of the decision to resolve the discrepancies in the CSB and shall, with reference to the decision, submit the CSB within a time limit allowing compliance with the deadlines set out in Paragraph 10 (2), in eight copies to the relevant Regional National Committee and one copy to the construction participants.
Submission and approval of the HBV schemes
(1) The Regional National Committees will submit the CBB schemes
(a) the Ministry of Construction and Technology of the Czech Republic or the Ministry of Construction and Technology of the SSR,
b) Czech Planning Commission or Slovak Planning Commission,
(c) the Ministry of Finance of the Czech Republic or the Ministry of Finance of the SSR (only the documents referred to in § 6 (1) (b) to (e)),
(d) the Ministry of Construction of the Czech Republic or the Ministry of Construction of the SSR (only the documents referred to in § 6 (1) (b) to (d)),
(e) the Regional Administration of the Czechoslovak State Bank (Department of Investment Construction and Non-Industry - in duplicate),
(f) State Planning Commission (only documents referred to in § 6 (1) (b) to (e)),
(g) to the central investment investors (only the documents referred to in Article 6 (1) (e)).
(2) The following shall be submitted to the authorities referred to in paragraph 1:
(a) at the first stage by 31 July of the year in question [Paragraph 2 (2) (a)];
(b) in the second phase by 10 March of the year for which an implementing State plan is approved.
(3) The authorities referred to in paragraph 1 shall examine, according to their respective competence, whether the structures imposed as tasks of the State Plan are secured under the CTVs, comply with the binding limits and indicative indicators of the State Plan and comply with the applicable legislation, and shall, within 15 days of receipt of the CTVs, draw up their opinion on them and send them to the national committee submitting them.
(4
(a) first phase schemes by 15 September of the year concerned; and
(b) the second phase schemes by 15 April of the year for which the implementation plan is approved.
(5) The approved schemes and the modified parts of the schemes shall be sent without delay by the Regional National Committees to the authorities referred to in paragraph 1.
Check days
(1) The authority authorised to approve the KBV schemes (§ 10 (4)) will determine at what time intervals and for which complex housing construction and conditional investment buildings the construction process set out in the KBV schemes will be checked on the control days.
(2) The control days are required to participate in the statutory bodies of the building participants or authorised personnel and representatives of the financing branches of the Czechoslovak State Bank. The empowerment of workers shall include an authorisation to do on behalf of the organisations represented all the acts normally taking place on the control days.
(3) The purpose of the control date is in particular:
(a) to determine whether the preparation process and, where appropriate, the implementation of the construction works are in line with the data provided for in the HBV regime;
(b) to identify cases where one of the construction participants cannot ensure that the construction under the BV scheme continues,
(c) to discuss the measures to derogate from the construction process provided for by the HBV;
(d) if there is a dispute, proceed mutatis mutandis in accordance with § 9.
(4) A protocol containing:
Section A - information about the construction process; and
Section B - List of discrepancies transmitted to the authorities or central authorities for resolution.
(5) The Protocol is signed by the participants on the control day referred to in paragraph 2.
FINAL PROVISIONS
Processing and evaluation of the KBV schemes
The processors of the KBV schemes are required to process and evaluate the KBV systems by computing from the date specified by the Ministry of Construction and Technology of the Czech Socialist Republic and the Ministry of Construction and Technology of the SSR for the Slovak Socialist Republic; Those authorities shall, at the same time, lay down the methodology guidance on the procedure for the machining and evaluation and establish the forms to determine how content is to be expressed, as referred to in points (a) to (e) of Article 6 (1).
Authorisation of exemptions and amendments
(1) The Ministry of Construction and Technology of the Czech Republic and the Ministry of Construction and Technology of the SSR may, at the request of the central investor authorities, authorise an exemption from the provisions of Section 5.
(2) The amendment of the dates for the submission and approval of the HBV schemes provided for in paragraphs 2 and 4 of Section 10 of the Ministry of Construction and Technology of the Czech Republic or the Ministry of Construction and Technology of the SSR is authorised by the Federal Ministry of Technical and Investment Development in agreement with the State Planning Commission.
Repeal
(1) Guideline No 2 of the Federal Ministry of Technical and Investment Development of 31 August 1971 (23) for the processing of schemes and implementation programmes for complex residential construction is hereby repealed.
(2) The Directives of the Ministry of Construction and Technology of the SSR No 2679 of 1 July 1970 for the development of complex housing schemes and conditional investment cease to apply. 24)
Efficacy
This Decree shall take effect on 1 January 1979.
Minister and Vice-President of the State Planning Commission:
Ing. Janza v. r.
Minister for Technical and Investment Development:
Ing.
1) Paragraph 2 (5) and (6) of Decree No. 163 / 1973 Coll., on documentation of buildings.
(2) Directive No 25 of the Ministry of Construction and Technology of the Czech Republic of 30.11.1970 on the determination of investments subject to complex housing construction (notified in the amount of 37 / 1970 Coll.) and the Ministry of Construction and Technology Directive of the Ministry of SSR of 30.11.1970 on the determination of investments subject to complex housing construction (Rapporteur FMTIR, amount 1, 1971).
3) Article 24 (1) of Act No. 145 / 1970 Coll., on National Economic Planning, and Article 9 of Decree No. 33 / 1975 Coll., on Discussing Supplier-customer Relations in the Planning Process.
4) Articles 5 (3) and (6) and 15 (1) and (5) of Decree No. 33 / 1975 Coll., on the discussion of supply-customer relations in the planning process.
5) Paragraph 11 (3) of Decree No 152 / 1975 Coll., on the financing of the reproduction of basic funds.
6) § 3 (3) of Decree No. 163 / 1973 Coll., on documentation of buildings.
7) Sections 11 and 15 of Act No. 50 / 1976 Coll., on Territorial Planning and Construction Regulations (Construction Act).
8) Guidelines of the Federal Ministry of Technical and Investment Development and State Planning Commission No 14 / 1977 for the processing of investment programmes of complex housing construction (Rapporteur FMTIR, MVT ČSR and MVT SSR amount 5-6, 1977; notified in amount 28 / 1977 Coll.).
9) § 7 of Decree No. 163 / 1973 Coll.
10) § 13 of Decree No. 163 / 1973 Coll.
11) Sections 15 and 16 of Decree No. 85 / 1977 Coll., on the conditions for the opening and registration and registration of buildings.
12) Sections 25, 28 and 30 of Decree No. 163 / 1973 Coll.
13) Paragraph 30 (4) of Decree No. 163 / 1973 Coll.
14) Paragraph 64 and Annex 14 to Decree No. 163 / 1973 Coll.
(15) Contracts for the preparation of supplies and contracts for the execution of investment construction, provided that they are concluded at the time of processing of the schemes.
16) These are costs included in the investment plan (Titles II to VIII of the calculation - general budget of the construction).
17) Guidelines of the Federal Statistical Office on State Statistical Reports for the Section Investment Construction (5-Iv).
18) The dates shall be determined in accordance with the terms of the directives for drawing up draft implementing State plans.
19) Paragraph 285 (2) of the Economic Code.
20) Decree No. 91 / 1972 Coll., on standards of construction deadlines.
21) Paragraph 16 (3) of Decree No. 33 / 1975 Coll., on the discussion of supplier-customer relations in the planning process.
22) Paragraph 46 (2) (a) of Act No. 69 / 1967 Coll., on National Committees.
23) Notified in amount 28 / 1971 Coll.
24) The guidelines were published in the Report of the Federal Committee on Technical and Investment Development, the Ministry of Construction and Technology of the Czech Republic and the Ministry of Construction and Technology of the SSR (year II, item 6).
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Regulation Information
| Citation | Decree of the Federal Ministry of Technical and Investment Development and the State Planning Commission No. 128 / 1978 Coll., on Comprehensive Housing and Investment Systems, which make Comprehensive Housing Construction conditional |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 03.11.1978 |
|---|---|
| Effective from | 01.01.1979 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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