Decree of the State Commission for Scientific, Technical and Investment Development and Federal Statistical Office No. 145 / 1983 Coll.
Ordinance of the State Commission for Scientific, Technical and Investment Development and the Federal Statistical Office on the Authorisation of the Opening of Buildings, Confirmation of the Date of their completion and on the Registration of Buildings
Valid
Effective from 01.01.1984
145
DECLARATION
State Commission for Scientific, Technical and Investment Development and the Federal Statistical Office
of 9 December 1983
authorising the start of construction, confirming the date of completion and recording of construction
The State Commission for Scientific, Technical and Investment Development pursuant to § 53 (1) (e) of Act No. 133 / 1970 Coll., on the competence of federal ministries, as amended by Act No. 115 / 1983 Coll. and the Federal Statistical Office pursuant to § 35 (2) of Act No. 21 / 1971 Coll., on the Single System of Social Economic Information, provides:
INTRODUCTORY AND GENERAL PROVISIONS
Subject matter and scope of the adjustment
(1) The decree provides for the authorisation of the start of construction, (1) the confirmation of the date of completion and the method of their registration.
(2) The decree covers buildings whose investors are domestic socialist organisations and which are to be carried out in the territory of the Czechoslovak Socialist Republic, namely:
(a) the buildings provided for as binding tasks of the State Plan (2) (hereinafter referred to as "binding buildings") and centralised buildings; (2) for centralised buildings, the central investor authority may provide that they are not covered by part of the second order;
(b) with the exception of part two for buildings other than 10 million Kčs of the budgetary (calculation) costs included in the investment plan, including complex housing buildings ("other buildings").
The decree does not apply to the buildings included in Action Z.
AUTHORISING THE OPENING OF THE CONSTRUCTION
Consent to start construction
(1) The construction can only be started if it has been authorised by the authorising authority.
(2) The authorising authority is the central authority of the investor.
(3) For constructions divided into stages (3), the agreement to start the construction is given for each stage.
Approval procedure
(1) The investor requests approval to start the construction two months before the expected date of its launch through a superior body; where the investor is a state firm, the competent central authority directly requests approval. Before making an application, the investor shall request the opinion of the Czechoslovak State Bank; a positive opinion will be expressed by the State Bank by the Czechoslovak confirmation of the draft registration sheet.
(2) The investor adds to the request for approval to start the construction:
(a) a draft register certified by the Czechoslovak State Bank, in whose commentary it summarises briefly how the conditions laid down in Article 4 are met; the model of the register is set out in the Annex; 4)
(b) evidence of compliance with the conditions laid down in Section 4.
(3) The authorising authority shall verify compliance with the conditions set out in Section 4, the accuracy and completeness of the draft registration sheet and its compliance with the documents submitted. If all the conditions laid down in Paragraph 4 have been met and the draft registration certificate has been confirmed by the Czechoslovak State Bank, the authorising authority shall grant approval to start the construction by confirming the draft registration certificate.
Conditions for granting consent to start construction
The authorisation procedure shall in particular verify that:
(a) the tasks, limits and indicators set out in the State Plan and its breakdown are respected;
(b) the initial (one-stage) project has been approved, (5) binding data and indicators have been followed and at least selected informative indicators have also been assessed for production constructions6) (indicator of gross profitability of production funds, efficiency of basic funds from adjusted own performance and return on investment); for buildings whose documentation has been submitted to state expertise, whether or not its binding conclusions have been complied with,
(c) a building permit has been issued, 7)
(d) they are secured for the construction and, where appropriate, the stage of economic supply contracts for the whole part of the construction and critical deliveries for the technological part (8), with delivery deadlines enabling the planned capacity (9) of the construction to be used (test operations) in terms of the construction timetable and the definition of invoicing totality (10) in accordance with the approved project documentation; for buildings carried out under the investor's own direction or self-help - not for the part provided for in the supply - the economic contract shall replace the corresponding internal or other document;
(e) metal supporting structures and, where appropriate, other balance sheet items, which are provided by the investor for its suppliers, are secured on balance sheet;
(f) the financing of the construction, including the provision of foreign exchange cover, is ensured;
(g) the future use (operation) of the construction by the labour force is ensured, (11) the main raw materials, water and energy;
(h) the construction scheme has been processed (12) and agreed or, where appropriate, its content decided;
CERTIFICATE OF TERMS OF TERMS OF TERMS OF CONSTRUCTION
The completion date of the construction shall be required and authorised only by the authorising authority; for buildings not covered by Part Two of the Order, an investor.
The deadline for completion of the construction is confirmed on the declaration of implementation of the construction (13), subject to both of the following conditions:
(a) all deliveries allowing the use of the construction according to the initial (one-stage) project have been submitted and taken over;
(b) a clearance decision has been issued for the whole of the construction or for all its separately surrendered parts necessary for its use, where appropriate, a decision on provisional use for testing operations. 14)
The authorising authority (investor) shall confirm the date of completion of the construction even if certain building objects and (or) operating files are not and are not to be carried out as part of the construction site and (or) operating files only on condition that a change in the documentation of the construction (at least its general budget) has been approved, while the conditions of Section 4 have been complied with and the recording sheet has been amended by the issuing authority (§ 17).
The provisions of this Part of the Decree are without prejudice to the provisions of the Specific Regulations (15) governing the establishment and application of construction deadlines.
MARKETING AUTHORISATION NUMBER (S)
Subject matter of registration
(1) The registration of buildings is subject to construction,
(a) whose project tasks and, where appropriate, studies of a set of constructionsare superseded by 16) have been approved in accordance with a special Regulation (5) (hereinafter referred to as "the register of preparatory constructions");
(b) initiated; for buildings covered by Part Two of the Order, only if approval has been given to initiate it by the authorising authority;
(c) for which a final evaluation of the construction was carried out (17) (hereinafter referred to as "the records of the buildings evaluated").
(2) In the case of buildings for which the project task is abandoned, 18) the records referred to in paragraph 1 (a) shall be made on the basis of approved single-stage projects.
(3) For constructions divided into stages (3), the records referred to in paragraph 1 (b) shall be subject to the individual stages. In such cases, the procedure laid down in Sections 13, 14 and, where applicable, Article 15 shall apply, but the registration number shall be assigned to the construction. In cases where the project task replaces studies of the building set, 16) the registration number is assigned to the whole building set; the records referred to in paragraph 1 (b) are subject to the individual construction of the file.
Procedure for the registration of buildings
(1) The competent authority is the Federal Statistical Office. The basis for the registration of the construction is the registration sheet of the construction 4) confirmed if the registration is
(a) the planned buildings by the body which approved the project task; for buildings whose project tasks have been approved by the competent government, confirmed by the central investor authority;
(b) the building being opened by the authorising authority; for buildings not covered by Part Two of the Order, by an investor;
(c) the buildings evaluated by the body which completed the final evaluation of the construction;
("the petitioner ').
(2) The applicant shall verify the accuracy and completeness of the data contained therein before confirming the draft record sheet; for binding and centralised buildings, only the registers bearing the positive opinion of the Czechoslovak State Bank shall be confirmed by the investor. The Czechoslovak State Bank shall give a positive opinion by confirming the draft registration sheet. The certified record sheet shall be presented by the petitioner in three copies (including the original) to the issuing authority.
(3) The investor financing the Czechoslovak State Bank branch to assess with the design of the registration sheet shall also submit an accompanying report of the project task when recording the built-up buildings of binding and centralised with production capacity.
(4) For constructions broken down into integrated particles (5) put into service separately (use), these parts must be characterised in the draft record sheet by data on the purpose and extent of the proposed capacities contained therein.
(1) Upon receipt of the record sheet, the certifying authority shall carry out its inspection; If it is about the registration of the planned buildings, it shall assign a registration number to the construction. The competent authority shall confirm the record sheet and send two certified copies to the petitioner within three weeks of receipt.
(2) If the recording authority finds errors in the record sheet, it shall return two copies of the certified record sheet to the petitioner with a statement of error (6) for repair within the time limit referred to in paragraph 1. The applicant shall ensure that the record sheet is corrected; send the completed error statement to the competent authority without delay.
(3) The promoter shall send a copy of the certified record sheet to the investor; if the investor is the promoter, he shall send a copy to his central authority.
Specific provisions for the registration of complex residential construction structures
(1) In the case of complex housing construction, the annex to the draft registration sheet "Summary data and basic indicators of complex housing construction" is annexed; (6) Without this annex, the register must not be made.
(2) The draft record sheet shall be endorsed by the central investor authority or by the investor authority (organisation) which is responsible for the accuracy and completeness of the data and indicators listed in the register and in the Annex referred to in paragraph 1 and for the fact that the construction is covered by the complex housing scheme for the relevant year of initiation.
Effects of the registration of started and evaluated buildings
Czechoslovak State Bank
(a) start financing only if it receives proof of registration of the building being opened;
(b) conclude financing only if it receives proof of the registration of the assessed construction.
Change of registration sheet
(1) If, following the registration of the building being opened following an approved change in the documentation for the change of the binding data and of the construction indicators (6) contained in the current registration sheet of the building being opened, the investor shall draw up a proposal for a change in the register; (4) the model of the change in the register is set out in the Annex.
(2) Following the submission of the draft register, the authorities and organisations shall proceed accordingly in accordance with Sections 13, 14 and, where appropriate, with Section 15.
PROVISIONS COMMON AND FINAL
Derogations for construction of a specific part of the plan
For buildings included in a specific part of the plan, the State Commission for Scientific, Technical and Investment Development may, in agreement with the State Planning Commission and the State Bank of Czechoslovakia, provide for a procedure according to Part Two, Third and Fourth by way of derogation.
Change in budgetary costs
If, in the course of the implementation of the construction, an increase in its budgetary costs included in the investment plan is made in such a way that the construction complies with the conditions of validity of this decree, the provisions of Part Three and Part Four shall apply to it.
Transitional provisions
(1) The authorisation procedure initiated before 31 December 1988 shall be terminated in accordance with the provisions still in force, unless otherwise provided by the central investor authority.
(2) The registration of buildings (Paragraph 11 (2)) shall be terminated in accordance with the present Regulation, provided that the registration sheet of the building was submitted to the registration authority at the date of application of this Decree.
Repeal
The Decree of the Federal Ministry of Technical and Investment Development and the Federal Statistical Office No. 85 / 1977 Coll., on the conditions for the launch and registration and registration of buildings, as amended by Decree No. 66 / 1978 Coll., is hereby repealed.
Efficiency of the Order
The Decree shall take effect on 1 January 1984.
The President
Federal Statistical Office:
Ing. Mika v. r.
Deputy Prime Minister of CSSR and Chairman
State Commission for Scientific, Technical and Investment Development:
Dr. Obzina CSc. v. r.
Annex to Decree No 145 / 1983 Coll.
Certificate of construction
Change registration sheet of the construction
1) Paragraph 2 (1) of Decree of the State Commission for Scientific, Technical and Investment Development No. 5 / 1987 Coll., on documentation of buildings.
2) Uniform methodological guidelines for ministries and other central authorities of the CSSR and the Republics for the preparation of the draft five-year plan and the five-year budgetary perspective for the years 1986- 1990 and the draft implementation plan and budget for 1986 (notified at the amount of 10 / 1985 Coll.).
3) § 17 of Decree No. 5 / 1987 Coll.
4) The uniform form of the building registration sheet Iv RS3-50 and the change registration sheet Iv RS3a-50 shall be completed in accordance with the Federal Statistical Office Directive 25 Iv RS.
5) Sections 2 (9) and 18 of Decree No. 5 / 1987 Coll.
6) Federal Statistical Office Directive 25 IvRS.
7) Sections 54 and 55 of Act No. 50 / 1976 Coll., on Territorial Planning and Construction Regulations (Construction Act).
8) Essentially according to the relevant provisions of Part Eight of the Economic Code No. 109 / 1964 Coll., in the full version published under No. 45 / 1983 Coll.; if the construction is secured in the form of partial supplies, also under § 163 and Part Seven of the Economic Code.
9) Federal Statistical Office Directive 25 Iv RS.
10) Article 5 of Decree No. 37 / 1983 of the Federal Ministry of Finance Coll., on invoicing and payment of supplies for investment construction and supply of geological works.
11) Articles 10 (1) (a) and 20 (1) (a) of Decree No 105 / 1981 Coll. Principles of the procedure for dealing with investment proposals (localisation) with regional planning authorities (Central Journal of the Czech Republic No 1 / 1983 and Central Journal of the SSR No 1 / 1983).
12) Decree of the Federal Ministry of Technical and Investment Development No. 157 / 1976 Coll., on construction schemes.
12a) § 295 (1) of the Economic Code.
12b) State plan for the development of the national economy of CSSR for the years 1986- 1990.
13) Federal Statistical Office Directive 5 Iv, report Iv RS 2B12.
14) § 84 of Act No. 50 / 1976 Coll.
15) Annex No 18 point A 2 to Decree No 105 / 1981 Coll.
16) Paragraph 5 (2) (b) of Decree No 105 / 1981 Coll.
17) § 70 of Decree No. 105 / 1981 Coll.
18) Paragraph 5 (3) and (4) of Decree No. 105 / 1981 Coll.
19) Annex No 15 (V. 1.a) to Decree No 105 / 1981 Coll.
20) Paragraph 3 (13) of the Guidelines of the Federal Ministry for Technical and Investment Development No 17 of 13 November 1981 on the evaluation of the effectiveness of investments.
21) Guidelines of the Federal Ministry of Technical and Investment Development of 31 March 1983 for the processing of certain parts of the building documentation (Rapporteur FMTIR, MVT ČSR and MVT SSR amount 4-5 / 1983).
22) Communication from the Federal Statistical Office and the State Commission for Scientific, Technical and Investment Development No 2430 / 83-34 of 7.11.1983.
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Regulation Information
| Citation | Decree of the State Commission for Scientific, Technical and Investment Development and the Federal Statistical Office No. 145 / 1983 Coll., on authorising the start of construction, confirming the date of completion and the registration of construction |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 14.12.1983 |
|---|---|
| Effective from | 01.01.1984 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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