Decree No. 149 / 2024 Coll.
Decree on the implementation of certain provisions of the building law
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Order
Effective from 01.07.2024
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149
DECLARATION
of 30 May 2024
on the implementation of certain provisions of the Construction Act
According to Article 333 (1) of Act No. 283 / 2021 Coll., the Ministry of Local Development provides for a building law, as amended by Act No. 152 / 2023 Coll., (hereinafter referred to as "the Act") for the implementation of § 154 (2), § 161 (4), § 169 (2), § 172 (2), § 227 (2) and (5), § 278, § 285 (4) and § 292 (5) of the Act:
SUBJECT MATTER OF THE ADJUSTMENT
(1) This Order sets out the application form for the establishment of the protection zone and the application form for
(a) preliminary information to the construction office;
(b) the statement of the owner of the public transport or technical infrastructure;
(c) permit of construction or installation;
(d) the modification of the authorisation;
(e) authorisation to change the use of the territory;
(f) permit the division or assembly of the land;
(g) the issue of a Framework Authorisation;
(h) the change of intention before completion;
(i) the issue of a approval decision;
(j) permit early use of the building;
(k) permit of test operation;
(l) authorisation of a change in the use of the construction,
(m) permit the removal of construction, equipment and landscaping; and
(n) additional permit for construction, equipment and landscaping.
(2) This decree further regulates
(a) the contents of the label;
(b) the model of the document of the staff member of the construction office responsible for carrying out the inspection in respect of the construction rules;
(c) details of the scope of the inspection;
(d) the scope and content of the construction-technical prevention system (hereinafter referred to as the system);
(e) the content of the notification of the occurrence of a defect or accident and the outcome of the investigation of their causes;
(f) the procedure for appointing the members of the coordinating body and its activities;
(g) the preparation, implementation and content of tests by authorised inspectors;
(h) the content of the application for authorisation to carry out the activities of an authorised inspector; and
(i) the formalities and manner in which the records of authorised inspectors are kept.
FORM OF REQUESTS AND PROPOSALS
Requests for action before the initiation of proceedings
Request for preliminary information from the construction office
The application form for preliminary information from the construction office is set out in Annex 1 to this decree.
Request for expression by the owner of public transport or technical infrastructure
The application form for the expression of the owner of the public transport or technical infrastructure in terms of the possibility and manner of connecting the project or the conditions of the protection and safety zones concerned is set out in Annex 2 to this Decree.
Applications for authorisation of a project
Application for authorisation of a construction or installation
The application form for authorisation of a construction or plant is set out in Annex 3 to this Decree.
Application for modification of authorisation
The application form for modification of the authorisation is set out in Annex 4 to this Order.
Application for authorisation to change the use of the territory
The application form for authorisation to change the use of the territory is set out in Annex 5 to this Decree.
Application for authorisation for the division or formation of land
The form of the application for authorisation for the division or assembly of parcels is set out in Annex 6 to this decree.
Application for a Framework Authorisation
The application form for a Framework Authorisation is set out in Annex 7 to this Order.
Application for a change of intention before completion
The application form for a change of intention before completion is set out in Annex 8 to this Decree.
Proposal for the establishment of a protection zone
The design form for the establishment of a protection zone which relates to an unspecified circle of persons or to the protection zone of a waterworks or is determined separately without the permission of the construction and installation is set out in Annex 9 to this Decree.
Applications for use of construction
Application for approval
The application form for a clearance decision is set out in Annex 10 to this order.
Application for authorisation of early use of construction
The application form for authorisation of early use of the construction is set out in Annex 11 to this Decree.
Application for approval of test operations
The application form for approval of the test operation is set out in Annex 12 to this Decree.
Application for authorisation to change the use of construction
The application form for authorisation to change the use of the construction is set out in Annex 13 to this Decree.
Application for clearance of disposal and additional permit for construction, installations and landscaping
Application for authorisation to remove construction, equipment and landscaping
The application form for authorisation to remove construction, equipment and landscaping is set out in Annex No 14 to this Decree.
Application for additional permit of construction, equipment and landscaping
The application form for additional permit for construction, equipment and landscaping is set out in Annex 15 to this Decree.
LABEL
Content of the label
(1) The label contains:
(a) the designation, purpose and type of construction;
(b) the name of the builder,
(c) an indication of whether the construction is carried out or removed by a construction operator or self-help;
(d) in the case of a construction carried out or removed by a construction operator, the identification data of the construction operator;
(e) the designation of the building office which issued the permit;
(f) the reference number and the date on which the authorisation is acquired; and
(g) the date of completion or removal of the construction.
(2) If the information referred to in paragraph 1 (d) is not known, the label shall specify the place where the construction works are to be completed at the latest before the construction begins.
CONTROL IN MATTERS OF THE BUILDING RULES
Model of the licence of the staff member of the construction office responsible for carrying out the inspection in respect of construction rules
The model of the card of the staff of the building office responsible for carrying out the inspection in the matters of the building rules is set out in Annex 16 to this decree.
Inspection scope
(1) During the inspection, the construction office shall check that:
(a) the construction is carried out or removed in accordance with an authorisation or decision under the law;
(b) the construction is carried out or removed in accordance with a certified documentation for the authorisation of the project or certified documentation for the removal of the construction and in accordance with Section 159 of the Act;
(c) the building diary and, where appropriate, a simple record of the construction is properly kept;
(d) the construction is not a threat to the life and health of persons or animals, safety and accessibility or the environment;
(e) the implementation or disposal of the construction site or, where appropriate, the operation of the construction site is not above the permissible level of bother with its surroundings;
(f) safety in the implementation or disposal of the construction is ensured;
(g) from the point of view of accessibility, excavations against the fall of persons are secured on adjacent pedestrian areas and bypassing routes are indicated;
(h) prescribed tests and measurements are carried out;
(i) the constructor fulfils the obligations arising out of Sections 160 (2) and 161 (1) to (3) of the Act;
(j) the contractor complies with the obligations under Article 163 of the Act; and
(k) the construction of a manager or a building supervisor fulfils the obligations arising out of Sections 164 and 165 of the Act.
(2) The inspection visit shall be carried out by the construction office in its own survey of the state of the construction or the land on the basis of a certified documentation for the authorisation of the project, or on the basis of a certified documentation for the removal of the construction, submitted documents, registration in the building diary or in a simple record of the construction or, where appropriate, on the basis of documentation for the implementation of the construction.
AUTORISED INSPECTORS
Coordination body
(1) The members of the coordinating body shall be appointed by the Ministry on a proposal from the chambers. The coordinating body has 7 members, of which 3 members are designed by the Czech Chamber of Architects and 4 members are designed by the Czech Chamber of Authorised Engineers and Technicians active in construction.
(2) Coordination body
(a) to provide evidence for the Chamber's observations pursuant to Article 277 (2) of the Act;
(b) proposes to the Ministry the appointment of test Commissioners;
(c) out of the 15 examination Commissioners appointed by the Ministry, each expert commission shall be established;
(d) manage and unify the activities of expert commissions; and
(e) take the necessary measures to prepare and carry out tests.
(3) The members of the coordinating body shall elect a Chairperson and a Vice-Chair from among themselves. The Vice-President shall be entitled to represent the President in the event of his absence. The coordinating authority shall meet as necessary in such a way that requests for appointment by an authorised inspector are properly and in a timely manner handled. The coordinating body shall decide by a majority of its members.
Test
(1) The applicant shall submit a written application for the test to the coordinating authority. The annex to the application shall include documents proving the eligibility of the tenderer under § 277 (1) (a) to (d) and § 277 (2) of the Act.
(2) The date and place of the examination shall be notified by the coordinating authority to the tenderers applying for the test at least 30 days before the examination.
(3) The expert committees shall be of three members whose chairmen shall be appointed by the coordinating body. The examination shall be conducted by the Chairman of the Commission.
(1) The test is aimed at the verification of complex professional theoretical knowledge and practical skills in the field of building law and the protection of public interests within the scope of the activities of an authorised inspector under Section 276 of the Act. Circles of questions for testing shall be determined by the coordinating authority.
(2) The test consists of a written and oral part. The written part takes the form of a legal knowledge test and a practical assessment of the model documentation. The oral part of the examination, which shall be composed on the same day after the written part, shall be verified that the applicant has knowledge of the legislation necessary for carrying out the activities under Section 284 of the Act in the necessary context.
(3) The test result shall be assessed by "passed 'if the tenderer has succeeded in both the written and oral part; otherwise," failed'. The applicant shall be informed of the result of the test after the completion of the test and, in the case of the operative part, of the reasons for which he failed the test. If the tenderer is classified in the written part by "failed ', the test shall not be continued.
(4) The candidate is also assessed by the statement "not compliant" if:
(a) shall not appear without an apology for the test;
(b) withdraw from the examination in the course of the examination without any serious reason.
(5) A report, the form of which is set out in Annex 17 to this Decree, shall be drawn up on the course of the examination and, where appropriate, on the reasons for which the tenderer failed the test. The protocol also includes serious reasons for which the candidate resigned during the examination. The report on the conduct of the examination shall be sent by the coordinating body to the Ministry.
Application for authorisation to carry out the activities of an authorised inspector
The application for authorisation to carry out the activity of an authorised inspector shall be accompanied by:
(a) a statement by the Chamber that the applicant is righteous within the meaning of Article 279 (1) (b) of the Act;
(b) proof of integrity in accordance with Section 51 (2) of the Act, unless the applicant is a national citizen of the Czech Republic and is allowed permanent residence in the Czech Republic.
Record keeping
The Chamber shall keep electronically records of authorised inspectors, including data relating to the preparation and conduct of the examination, appointment, performance of their duties and termination of their activities, in order to maintain the protection of their personal data.
SYSTEM OF CONSTRUCTION OF TECHNICAL PREVENTION
System scope and content
(1) For the purposes of this decree:
(a) a defect or defect in the construction of a design, construction product or material, caused by an erroneous design, by inappropriate or incorrect design, which may adversely affect the characteristics of the construction or part thereof;
(b) a serious defect or a serious defect in the construction of the construction or a defect in the construction or part thereof which prevents the use of the construction or part thereof;
(c) repeated defects or repeated defects of construction third occurrence of identical or similar defects or defects of the same origin;
(d) accidents in the construction of damage to the construction or part of the construction which require the general repair or replacement of the construction, construction product or material, making the construction or part of it unfit for use;
(e) considerable damage to property amounting to at least CZK 1 000 000,
(f) a serious defect or a defect in the construction, a recurrent defect or a defect in the construction or an accident in the construction, if they have lost the lives of persons or animals, a threat to the life or health of persons or animals, a threat to the safety of the construction or significant damage;
(g) the notifier of the event, the builder, the contractor, the contractor, the person performing the construction supervision, the designer supervision, the technical supervision of the builder, the authorised inspector or the owner of the construction.
(2) The notification of the occurrence and the results of the investigation of the causes of the event are inserted into the system by the notifier.
Content details of the occurrence notification
The contents of the notification are set out in Annex 18 to this Decree.
Content elements of the outcome of the investigation of causes of the event
The result of the investigation of the causes of the event includes in particular:
(a) the occurrence notifier's identification data;
1. natural persons name, name, surname, place of permanent residence or registered residence of a stranger in the Czech Republic or address of residence abroad;
2. natural persons carrying out the business name or, where applicable, the name, surname or, where applicable, the supplement distinguishing the person of the entrepreneur or the type of business relating to him or her, the identity number of the person, if assigned, and the address registered in the business register or other legally regulated register as the place of business;
3. the legal person's name, registered office and identification number, if any, of the person's name or names, and the surname of the person authorised to act on behalf of the legal person and his or her function or authorisation;
(b) the date and name of the event;
(c) the location of the event;
(d) information on who, and with what result, was saving the event and what its causes were.
EFFECTIVE
This Decree shall take effect on 1 July 2024.
Minister for Local Development:
PhDr. Bartoš, Ph.D., v. r.
Příloha č. 1
Annex No 1
Příloha č. 2
Annex No 2
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Regulation Information
| Citation | Decree No. 149 / 2024 Coll., on the implementation of certain provisions of the building law |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 13.06.2024 |
|---|---|
| Effective from | 01.07.2024 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Administrative law
Construction
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