Decree of the Ministry of Regional Development No. 132 / 1998 Coll.
Decree of the Ministry of Local Development implementing certain provisions of the Building Act
Valid
Order
Effective from 01.07.1998
Contents
§ 1
§ 2
ČÁST PRVNÍ
§ 3
§ 4
§ 5
§ 6
§ 7
§ 8
ČÁST DRUHÁ
ODDÍL PRVNÍ
§ 9
ODDÍL DRUHÝ
§ 10
§ 11
§ 12
§ 13
§ 14
§ 15
§ 16
§ 17
§ 18
§ 19
§ 20
§ 21
§ 22
ODDÍL TŘETÍ
§ 23
§ 24
§ 25
§ 26
§ 27
§ 28
ODDÍL ČTVRTÝ
§ 29
ODDÍL PÁTÝ
§ 30
§ 31
§ 32
§ 33
§ 34
§ 35
§ 36
ODDÍL ŠESTÝ
§ 37
§ 38
§ 39
§ 40
§ 41
ODDÍL SEDMÝ
§ 42
§ 43
§ 44
§ 45
ČÁST TŘETÍ
§ 46
§ 47
ČÁST ČTVRTÁ
§ 48
§ 50
§ 51
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132
DECLARATION
Ministry of Local Development
of 29 May 1998
implementing certain provisions of the Construction Act
The Ministry of Local Development provides, pursuant to § 75 (2), § 100 (6) and § 143 (1) (d) to (g), (i) and (j) of Act No. 50 / 1976 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended by Act No. 83 / 1998 Coll.:
Subject matter
This decree regulates the details of the procedure
(a) territorial decisions;
(b) the authorisation and reporting of buildings and their changes;
(c) the authorisation of landscaping to substantially alter the appearance of the environment or outflow conditions;
(d) reporting of information, advertising and promotion facilities;
(e) laying down of buildings, landscaping and mining work on land;
(f) the approval of buildings, changes in their use, necessary modifications, safety work and removal of buildings;
(g) performance of state building supervision;
(h) expropriation proceedings.
According to this decree, all types of construction are carried out without considering their
(a) technical construction, such as for buildings, underground buildings, towers, mast, forces, tanks, cranes, underground and overhead lines, tribune, wall, fencing,
(b) the purpose, for example for buildings for housing, civil equipment, construction for production and storage, transport, energy distribution, water management, civil protection, recreation.
TERRITORIAL PROCEDURE
(K § 35 and 39 of the Act)
Application for a territorial decision
(1) The application for a territorial decision contains:
(a) the name (s) and address (s) of the applicant,
(b) the subject matter of the territorial decision, with a brief characteristic of the territory and the way it has been used so far;
(c) the list and addresses of all known participants in the territorial proceedings;
(d) the types and partial numbers of the parcels concerned, by land register, with an indication of ownership and other rights;
(e) in the case of a decision on the location of the building, the use of the land and the division and consolidation of the land, unless the applicant has an ownership or other right to land and for the proposed measure the land cannot be expropriated (Section 38 of the Building Act, hereinafter referred to as "the Law"),
(f) details of the compliance of the proposal with the zoning documentation, if approved;
(g) details of compliance with the requirements of the authorities concerned obtained under the special rules prior to the notification of the opening of the zoning procedure.
(2) For the application for a territorial decision in the cases referred to in Article 36 (4) of the Act, the particulars referred to in paragraph 1 (a) of the Law are: (c) they do not specify in the proposal; the information referred to in paragraph 1 (d) shall not be provided where the land for the liner or construction can be expropriated with a large number of parties or for a change in the use of the territory.
(3) The application for a territorial decision is accompanied by:
(a) a situational drawing of the current state of the territory on the basis of the cadastral map, including the parquet numbers, with a drawing of the subject matter of the territorial decision and its location indicating the links (effects) to the surrounding area; if the design concerns a particularly large area with a large number of participants in the zoning or the location of a liner structure, also a map base of 1: 10 000 to 1: 50 000, indicating wider relations (effects) to the surrounding area; the situation drawing and map background shall be provided in duplicate; if the building office is not in place, in three copies,
(b) documents of negotiations with the parties to the territorial proceedings, if they have been kept in advance, and decisions, opinions, observations, agreements, assessments, and, where appropriate, other measures of the authorities concerned required by specific provisions.
(4) Additional documents shall be attached to the application for a decision on the location of the construction, according to the location, type, extent and expected effects of the construction, from which it must be sufficiently apparent in particular:
(a) which land or part of it is to be designated as the construction, proposed location of the building on the land, including its distance from the boundaries of the land and from neighbouring buildings, with, if necessary, a height marking (generally 1: 500 scale);
b) architectural and urban integration of the building into the territory, its appearance and artistic solution,
(c) traffic and production data, including basic technical parameters, on proposed technologies and equipment, where appropriate;
(d) the impact of construction, operation or production on health and the environment, including a proposal for measures to eliminate or minimise negative effects, or a proposal to establish a protection zone (§ 35 (2) of the Act);
(e) an opinion on the environmental impact assessment of the construction, where prescribed by specific regulations, 1)
(f) the construction requirements for water management, energy, transport (including parking), disposal of waste and the conditions for linking the construction to existing networks of technical equipment of the territory;
(g) the protection zones or protected areas concerned, specified flood areas;
(h) protection of construction against harmful effects and effects, suitability of geological and hydrogeological conditions in the territory;
(i) the scope and layout of the construction site;
(j) adjustments to unbuilt areas and areas to be green.
(5) The application for re-use of the territory shall include, in addition to the particulars referred to in paragraphs 1 and 3, additional supporting documents and documentation from which it must be sufficiently apparent in particular:
(a) the reasons, manner, extent and consequences for the re-use of the territory;
(b) the height arrangement of the proposed changes, such as characteristic cuts of field treatment, which significantly alter the appearance of the environment or outflow conditions (hereinafter referred to as "landscaping");
(c) the manner in which surface water is disposed of and the protection of groundwater, the intended connection to the networks of technical equipment of the territory,
(d) an opinion on the environmental impact assessment, where prescribed by specific provisions, 1)
(e) the protection zones and protected areas concerned and the designated flood areas.
(6) The proposal to define the protected territory, the protection zone or the publication of the building closures contains, in addition to the particulars referred to in paragraphs 1 and 3, additional supporting documents and documentation from which it must be sufficiently apparent in particular:
(a) the reasons and scope of the proposed measures, with precise substantive and territorial definitions of the proposed prohibitions or restrictions;
(b) the consequences of the proposed measures on the functional and spatial layout of the territory with the proposal of the necessary technical and organisational measures;
(c) the envisaged duration of the proposed measure and, where appropriate, the notification that the decision cannot be limited in time.
(7) In addition to the elements referred to in paragraphs 1 and 3, the application for the division or consolidation of land shall include a description of the proposed changes to the boundaries of the land and access to the land in the situation drawing [paragraph 3 (a)].
(8) If the construction office indicates in writing that no territorial decision will be taken for the division or consolidation of the land, as the measure [Paragraph 32 (2) (e) of the Act] will suffice, it shall attach a certified situation drawing to the communication.
Decision on the location of the construction
(1) The decision on the location of the building contains:
(a) the name (s) and address (s) of the applicant,
(b) the type, purpose and brief description of the construction, indicating its capacity;
(c) the types and partial numbers of the land according to the cadastral of the property on which the construction is located; for liner and particularly large buildings, a description of the territory;
(d) identification of the building plot, the conditions for the location of the building on it and for the processing of the project documentation, including the extent and details of its processing;
(e) the decision to object to the parties;
(f) the period of validity of the decision if it is to be more than two years.
(2) The conditions for the location of the construction shall, in particular, lay down requirements for health protection, the environment, the protection of urban and architectural values in the territory, including the identification of the type and colour of external modifications of the construction (covers, plaster, coatings, etc.), the height and location of the construction, the distance from the boundaries of the land and neighbouring buildings, the connection to technical equipment and infrastructure networks, the height of the construction, the requirements arising from the proximity of the protected areas and the opinions of the authorities concerned and the requirements for the creation of conditions for access and use of buildings by persons with reduced mobility and orientation.
(3) After the decision has been taken, the building office shall forward to the appellant the certified documentation [Paragraph 3 (3) (a)] and one copy thereof to the municipal authority whose territorial perimeter relates to the location of the building, unless it is the building office itself.
Decision on land use
(1) The land use decision contains:
(a) the name (s) and address (s) of the applicant,
(b) the types and partial numbers of the land according to the land register, a brief description of how the land is used;
(c) conditions for re-use of the territory;
(d) the decision to object to the parties;
(e) the period of validity of the decision if it is to be longer than laid down by law;
(f) the manner in which the territory (landscape) is adapted after the authorised use of the territory has ceased, unless the measure is permanent.
(2) The decision to use the territory shall lay down the conditions, in particular:
(a) landscaping, e.g. dragonflies, ditches, creams, quarries, sandrooms;
(b) setting up, planting and further processing of vineyards, hops, forests, orchards and gardens, unless the conditions are laid down by approved land-use arrangements;
(c) setting up of courses, storage and weaning areas.
(3) The conditions for re-use of the territory shall specify the way in which the territory is to be adapted, its drainage, the connection to transport and distribution networks, the requirements arising from the proximity of protected areas and the opinions of the authorities concerned, the requirements for the protection of existing buildings, greenery, etc.
(4) After the decision has been given legal authority, the construction office shall forward to the applicant a certified situation drawing or map background [Paragraph 3 (3) (a)] and one of its copies shall be sent to the municipal authority whose territorial perimeter is concerned by the proposed measure if it is not the building office itself.
Decision concerning the protected territory or the protection zone
(1) The decision on the protected territory or the protection zone contains:
(a) the name (s) and address (s) of the applicant,
(b) the definition (designation) of the territory or land according to the cadastral of real estate where certain activities are prohibited or restricted for reasons of air protection, protection against the negative effects of the operation of industrial or agricultural buildings, the protection of water resources and mineral deposits, mining works, railways, telecommunications, airports, defence and security areas of the State, distribution networks, etc.,
(c) conditions of protection;
(d) the decision to object to the parties;
(e) the period of validity of the decision if it can be established in advance.
(2) The conditions of protection [paragraph 1 (c)] include, in particular, the prohibition, restriction or method of implementation of construction, landscaping, mining, planting and spraying of trees, soil fertilisation, the operation of high-frequency equipment; They shall also ensure the requirements of the authorities concerned, etc.
(3) Where a protected area or a protection zone is defined by a legal act or a decision of a competent administrative authority issued pursuant to it or provided for by a government, a decision on the protected territory or a protection zone shall not be issued.
(4) After the decision has been given legal authority, the construction office shall forward to the applicant a certified situation drawing or map background [Paragraph 3 (3) (a)] and one of its copies shall be sent to the municipal authority whose territorial perimeter is concerned by the proposed measure if it is not the building office itself.
Decision on the building closure
(1) The decision on the closure shall include:
(a) the name (s) and address (s) of the applicant,
(b) the definition of the territory and, where applicable, the land according to the cadastral of the real estate for which the prohibition or limitation of the construction activity applies;
(c) the scope of the prohibition or restriction on the construction activity, in particular if it could prevent future use of the territory or its organisation under the planning documentation prepared;
(d) the decision to object to the parties;
(e) the period of validity of the decision if it can be established in advance.
(2) It is not possible to prohibit or restrict maintenance work by decision on the closure.
(3) After the decision has been given legal authority, the construction office shall forward to the applicant a certified situation drawing or map background [Paragraph 3 (3) (a)] and one of its copies shall be sent to the municipal authority whose territorial perimeter is concerned by the proposed measure if it is not the building office itself.
Decision on the division or consolidation of land
(1) The decision on the division or consolidation of the land contains:
(a) the name and address of the applicant,
(b) the definition of the territory and, where applicable, the land according to the cadastral of real estate where changes are to take place;
(c) the conditions for the division or consolidation of the land.
(2) After the decision has been given legal power, the construction office shall forward to the applicant a certified situation drawing [Paragraph 3 (3) (a)].
CONSTRUCTION RULES
IMPLEMENTATION OF THE STATUS
(K § 44 to 47 of the Act)
(1) The professional management of the construction (§ 44 (2) and § 46a (2) of the Act) means:
(a) such management, method and procedure for the implementation of the construction, which will ensure safety and health at work, the safe installation and operation of technical equipment at the construction site, the order and storage of construction products and materials, the suitability of their use, the professional storage of machinery and equipment, etc., and in order not to endanger the environment;
(b) responsibility for the conformity of the spatial location of the construction with the certified documentation of the construction, for compliance with the general technical requirements for the construction and general technical requirements for the use of buildings by persons with reduced mobility and other technical regulations, and for compliance with the conditions of the decisions made for the implementation of the construction (in particular the zoning decision and building permit);
(c) the involvement in the removal of defects detected at the construction site and the notification of such defects to the construction office, unless they can be remedied within the framework of the technical management of the construction site.
(2) The professional supervision of the implementation of the construction (Section 44 (3) of the Act) means the responsibility and cooperation referred to in paragraph 1 (b) and (c), as well as monitoring
(a) the manner and procedure for the implementation of the construction, in particular the safety of the installation and operation of technical equipment on the construction, storage and use of products and building materials;
(b) the way in which a simple record of the construction is kept.
REPORTING AND AUTHORISING OF CONSTRUCTION AND CHANGE OF CONSTRUCTION
(K § 57 of the Act)
Notification of small buildings, building modifications and maintenance work
(1) The announcement of a small building contains:
(a) the name and address of the builder;
(b) the purpose, scope and place of construction and a simple technical description of its implementation;
(c) the type and parcel number of the property by cadastral;
(d) an indication of who will carry out the construction and whether the neighbouring property or, where appropriate, the owner's statement of the property is to be used to carry it out;
(e) the opinions prescribed in § 57 (4) of the Act.
(2) A document proving the property or other right to land shall be attached to the declaration of a small building and a simple situation sketch according to the cadastral map indicating the location of the building on the land, the borders with neighbouring land and the location of the buildings on it. If the competent municipal authority is not in place to receive the notification, the draft shall be submitted in duplicate.
(1) If the construction office agrees to carry out the announced small construction, it shall retain one copy of the situation sketch for its official use, the second copy shall be sent to the local competent municipal authority. The same applies if the agreement to carry out the announced small construction is given in silence (Section 57 (2) of the Act).
(2) The communication of the construction office pursuant to Paragraph 57 (2) of the Act does not replace the decision, opinion, expression, consent, assessment or other measure of the State administration concerned required by the special regulation; the construction office teaches the builder about this fact.
(1) The notification of building modifications and maintenance works contains:
(a) an indication of which construction works are to be carried out;
(b) their scope, purpose and simple technical description.
(2) The notification shall be accompanied by:
(a) a document proving the right of ownership or other construction, which may be replaced by a declaration of honour;
(b) a written agreement with the owner of the construction, if the modification or maintenance work is to be carried out by the lessee;
(c) the opinion of the State Monument Care Body, if it is a building modification or maintenance work on a building, which is a cultural monument, or is a building located in a monument protected zem.2)
(1) When assessing whether small construction, construction work or maintenance work can be carried out on the basis of a declaration, account shall be taken, in particular, of location, design, purpose and environmental impact. These aspects shall be assessed in particular in the case of the notified minor construction or modification of the construction, including the operational, production or technical installation.
(2) In the case of small buildings, building modifications and maintenance works, after which the construction office has declared that they are subject to a building permit, the information prescribed in Sections 10 and 12 shall be supplemented.
(a) by simple building drawings or modifications, or by marking construction modifications, in a copy of the building documentation certified by the construction office; no maintenance work shall be submitted;
(b) situation and construction drawings of construction site equipment, if any,
(c) other supporting documents as determined by the construction office necessary for the proper assessment of the case in the construction procedure.
Maintenance works which do not require notification to the construction office are in particular:
(a) repair of façade and internal plaster, wall, floor and paving tiles, replacement and repair of roofing, repair of the surface of flat roofs, chimney bodies, repair of internal installations, replacement, repair and coating of roofs, gills and waste rain ducts, repair of windows and doors and their coatings, replacement of doors and windows and repairs of fences, if they do not change the appearance of the construction,
(b) replacement of non-essential parts of construction structures;
(c) repair of central heating, ventilation and air-conditioning equipment and lifts if authorised persons carry them out;
(d) replacement of furnishing items (e.g. kitchen lines, vans) and other ordinary equipment of the building;
(e) works laid down by special regulation.3)
Application for a building permit
(K § 54, 58 and 60 of the Act)
An application for a building permit shall be submitted for:
(a) a separate construction or modification thereof;
(b) a set of structures including construction sites;
(c) the individual construction of the file referred to in (b), if they are able to use themselves after completion;
(d) conditioning switches for technical equipment networks and construction works.
(1) The application for a building permit according to the nature of the construction contains:
(a) the name and address of the builder;
(b) the type, purpose, place of construction, estimated date of completion of the construction and, for temporary construction, its duration;
(c) the parcustoms numbers and types of building land and, where appropriate, the land to be used as a construction site (for example, part of the public area), and the parking numbers of neighbouring land and buildings, indicating ownership or other rights under the property register;
(d) the name (name), address and authorisation of the project documentation processor and the method of implementation of the construction (supplier, self-help);
(e) basic data on construction, its breakdown, technical or manufacturing equipment, future operations and its impact on health and the environment and on related measures;
(f) the list and addresses of the participants in the construction procedure known to the builder; the list and addresses of participants shall not be provided for liner and construction projects with a large number of participants in the construction process;
(g) indicative cost of the construction including technology.
(2) The application shall be accompanied by:
(a) proof by which the builder proves that he is the owner of the land or construction or that he has another right to the land or construction which entitles him to establish on the land the required construction or to change the construction or maintenance work on it;
(b) project documentation of the construction (project) in duplicate; if the building office is not in place, in three copies; if the builder is not the owner of the construction, one additional copy of the project documentation is attached,
(c) documents relating to the negotiations with the parties to the building procedure, where the construction has been carried out in advance, and decisions, opinions, observations, endorsements, assessments and, where appropriate, other measures required by specific regulations of the public authorities concerned;
(d) a territorial decision, if it is given by an authority other than the construction office competent to authorise the construction;
(e) a statement by the authorised person that it will ensure the professional management of the construction (Section 44 (2) of the Act) or a person who will exercise professional supervision over the implementation of the construction, if the builder himself is not competent to supervise (Section 44 (3) of the Act) if the construction is carried out by himself.
In the case of a construction where an unusual method of construction or design solution is to be used or where a unique technical device is to be installed which is not comparable to other equipment already tested and where the negative effects of its operation on the environment and the health of the people cannot be established in advance, the application for a building permit shall also be supported by an assessment of the specialised workplace, university or expert. The assessment shall not be made where the environmental impact of the construction has been assessed in accordance with specific rules. 1)
(1) The project documentation of the construction (project) submitted for the construction procedure contains in particular:
(a) a summary report with details supplementing the basic construction data provided in the application for a building permit and with information on the outcome of the surveys and measurements carried out and the fulfilment of the conditions of the site decision, if any; the report must be sufficiently clear
1. proposed urban, architectural and construction technical solutions for construction, its components and the use of construction materials in terms of compliance with general technical requirements for construction including use by persons with reduced mobility;
2. fire safety solutions;
3. claims on water management, energy, transport (including parking), waste disposal and solutions for building connections to existing technical equipment networks;
4. data on aerial and underground construction (including technical equipment networks) on the building site and adjacent land and on existing protection zones;
5. for buildings with operating, manufacturing or technical equipment, data on the installation, the concept of storage, internal transport solutions and areas for operation, maintenance and repair, and, where applicable, requirements for test operations after completion of the construction;
Contents
§ 1
§ 2
ČÁST PRVNÍ
§ 3
§ 4
§ 5
§ 6
§ 7
§ 8
ČÁST DRUHÁ
ODDÍL PRVNÍ
§ 9
ODDÍL DRUHÝ
§ 10
§ 11
§ 12
§ 13
§ 14
§ 15
§ 16
§ 17
§ 18
§ 19
§ 20
§ 21
§ 22
ODDÍL TŘETÍ
§ 23
§ 24
§ 25
§ 26
§ 27
§ 28
ODDÍL ČTVRTÝ
§ 29
ODDÍL PÁTÝ
§ 30
§ 31
§ 32
§ 33
§ 34
§ 35
§ 36
ODDÍL ŠESTÝ
§ 37
§ 38
§ 39
§ 40
§ 41
ODDÍL SEDMÝ
§ 42
§ 43
§ 44
§ 45
ČÁST TŘETÍ
§ 46
§ 47
ČÁST ČTVRTÁ
§ 48
§ 50
§ 51
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Regulation Information
| Citation | Decree of the Ministry of Regional Development No. 132 / 1998 Coll., implementing certain provisions of the building law |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 12.06.1998 |
|---|---|
| Effective from | 01.07.1998 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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