What is Full text of Act No. 150 / 2004 Coll.?

Full text of Act No. 150 / 2004 Coll., Act No. 360 / 1992 Coll., on the pursuit of the profession of authorized architects and on the pursuit of the profession of authorized engineers and technicians active in construction, as is apparent from subsequent amendments — Full text of Act No. 360 / 1992 Coll., on the pursuit of the profession of authorized architects and on the pursuit of the profession of authorized engineers and technicians active in construction, as resulting from subsequent amendments.

When it became Full text of Act No. 150 / 2004 Coll. effectiveness?

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Is Full text of Act No. 150 / 2004 Coll. still valid?

Yes, Full text of Act No. 150 / 2004 Coll. is still valid and effective.

Full text of Act No. 150 / 2004 Coll. - Full text of Act No. 360 / 1992 Coll., o...

150

PRESIDENT OF THE GOVERNMENT

Announces

full text of Act No. 360 / 1992 Coll., on the pursuit of the profession of authorized architects and on the pursuit of the profession of authorized engineers and technicians active in construction, as follows from the amendments made by Act No. 164 / 1993 Coll., Act No. 275 / 1994 Coll. and Act No. 224 / 2003 Coll.

THE LAW

on the pursuit of the profession of authorised architects and the pursuit of the profession of authorised engineers and technicians active in construction

The Czech National Council decided on this law:

ČÁST PRVNÍ

INTRODUCTORY PROVISIONS

§ 1

This law governs

(a) the status, rights and obligations of authorised architects;

(b) the status, rights and obligations of authorised engineers and engineers active in the construction sector;

(c) the manner and conditions of authorisation,

d) the creation, competence and competence of the Czech Chamber of Architects and of the Czech Chamber of Authorised Engineers and Technicians active in construction (the Chamber),

(e) the conditions for carrying out selected activities under construction in accordance with European Community law. 1)

§ 2

(1) Authorization is for the purposes of this Act the authorisation of natural persons to carry out professional activities under construction.

(2) Authorization in the relevant field or specialisation according to this Act authorises the performance of selected activities (1a) under construction. Authorization is not a condition for carrying out such activities by the persons listed in Part Six of this Act.

(3) Persons who have been authorised under this Act (hereinafter referred to as "authorised persons") are obliged to carry out their activities in accordance with this Act.

(4) Authorization under this Act is a special condition for the operation of the business. (2)

(5) Legal and natural persons operating under the relevant legislation3) may carry out selected activities under construction only if they ensure that such activities are carried out by authorised persons under this Act, unless otherwise provided for by this law.

ČÁST DRUHÁ

AUTORISATION

§ 3

Authorised persons within the meaning of this Act are:

(a) an authorized architect,

(b) an authorized engineer,

(c) authorised technician.

§ 4

Authorised architect

(1) Authorised architect is the one who has been granted authorization under this law and is listed in the list of authorized architects led by the Czech Chamber of Architects.

(2) The Czech Chamber of Architects grants the persons referred to in paragraph 1 an authorization for the fields

(a) ground construction;

(b) spatial planning;

(c) landscaping.

(3) Persons who fulfil the conditions for authorisation in all fields referred to in paragraph 2 shall be authorised by the Czech Chamber of Architects without specification of the field. Such authorisation shall entitle the pursuit of activities in the fields referred to in paragraph 2 (a) to (c).

§ 5

Authorised engineer and authorized technician

(1) Authorised engineer is the one who has been granted authorization under this law and is included in the list of authorized engineers maintained by the Czech Chamber of Authorised Engineers and Technicians active in construction.

(2) Authorised technician is the one who has been granted authorization under this law and is included in the list of authorized technicians maintained by the Czech Chamber of Authorised Engineers and Technicians active in construction.

(3) The Czech Chamber of Authorised Engineers and Engineers working in the construction sector grants authorisation to persons under paragraphs 1 and 2 for the fields

(a) ground construction;

(b) transport structures;

(c) water management and landscape engineering,

(d) bridges and engineering structures,

(e) technological equipment for buildings;

(f) construction environment techniques;

(g) the statics and dynamics of the structures;

(h) urban engineering;

(i) geotechnology;

(j) fire safety of buildings;

(k) construction for the performance of the forest function.

§ 6

Comoros are entitled to provide for sub-specialisation within the fields referred to in Sections 4 and 5. In these specialties they also grant authorisation.

Authorisation

§ 7

(1) The Chamber shall, on the basis of a written request, authorise:

(a) is a citizen of the Czech Republic; or

(b) is a national of a Member State of the European Union other than the Czech Republic ("other Member State"); and

(c) is fully eligible for legal action;

(d) is fair,

(e) obtain the required education,

(f) has carried out professional practice at the prescribed length;

(g) successfully passed the proficiency test;

h) made a prescribed promise.

(2) The Chamber shall, within six months of receipt of a written request, allow any tenderer who has fulfilled the conditions referred to in points (a) to (f) of paragraph 1 to test his competence.

(3) The Chamber shall allow the composition of the required promise to any applicant for authorisation who has fulfilled the conditions set out in points (a) to (g) of paragraph 1 within one month of the successful examination of competence.

(4) Authorisation shall be granted on the date on which the required promise is lodged.

(5) Those who have not been granted authorisation for failure to comply with the conditions laid down in paragraph 1 may again apply for authorisation after at least one year.

(6) A person who has been withdrawn from authorisation pursuant to Article 10 (2) (b) may apply for authorisation not earlier than three years after the date on which the decision to withdraw authorisation was taken.

§ 8

(1) For the purposes of this law, a person who has been convicted of a final sentence shall not be deemed to be righteous.

(a) for an offence the facts of which relate to the exercise of professional activity under this law;

(b) for another offence committed intentionally where, in view of the person seeking authorisation, there is a concern that he or she will commit the same or similar offence in the performance of the activity of the authorised person.

(2) Training under Section 7 (1) (e) means, for each type of authorisation:

(a) higher education (3a) obtained by studying in the field of architecture for authorisation under § 3 (a) in a Bachelor's study programme lasting at least four years or Master's degree programme;

(b) higher education (3a) obtained by study in the relevant fields of authorisation under § 3 (b) in a Bachelor's degree programme lasting at least four years or Master's degree programme;

(c) higher education (3a) obtained by study in the relevant fields of study for authorisation under § 3 (c) in the Bachelor's or Master's degree programme, or by secondary or higher vocational education. (3b)

(3) In justified cases, the Chamber may also recognise as education in accordance with paragraph 2 the education of a related field or direction.

(4) In exceptional cases supported in particular by the successful professional activity of the tenderer, the Chamber may authorise an exemption from the prescribed education.

(5) The duration of the professional experience referred to in Article 7 (1) (f) is prescribed for each species or, where applicable, the scope of authorisation as follows:

(a) at least three years for authorizations in the fields referred to in Article 4 (2), if the candidate is a graduate of the Master's study programme, at least five years if the candidate is a graduate of the Bachelor's study programme or other related education;

(b) at least three years for authorizations in the fields referred to in Article 5 (1), if the candidate is a graduate of the Master's study programme, at least five years if the candidate is a graduate of the Bachelor's study programme or other related education;

(c) at least three years for authorization in the fields referred to in Article 5 (2) if the applicant has the required university education in the Master's or Bachelor's course programme and at least five years if the applicant has the required secondary education.

(6) The subject of the proficiency test shall be the verification of the knowledge needed to carry out the relevant professional activities, in particular:

(a) verification of professional knowledge, unless they are part of the candidate's recognised professional education;

(b) verification of the knowledge of the legislation in force governing the exercise of the relevant professional activities or related activities, as appropriate.

(7) The required field of education and the type of school, the content of the proficiency tests, the content of the professional experience and the form of the authorisation certificate shall be determined by the Chamber for each field and specialisation. Authorization fee for a proficiency test in one or more disciplines is fixed uniformly, regardless of field and specialization, in the amount of CZK 500. The fee shall be paid on the day of the test.

(8) The text of the promise is as follows:

(a) "I promise on my civil honor and conscience that as an authorized architect, I will strive to create good architectural works in my work, honor the interests of clients as well as public interests, respect natural and cultural values and will always follow the professional ethics of an architect."

(b) "I promise in my civil honour and conscience that, as an authorized engineer, I will strive in my work to create quality building works, to honor the interests of clients, as well as public interests, to respect natural and cultural values and will always follow the professional ethics of an authorized engineer."

(c) "I promise in my civil honour and conscience that, as an authorized technician, I will strive to create high-quality construction works, honor the interests of clients, as well as public interests, respect natural and cultural values, and will always follow the professional ethics of an authorized technician."

§ 9

(1) The Chamber will enter the person who has been authorised into the list of authorized persons maintained by the Chamber and issue a certificate of authorization with a marked field, possibly specialization and stamp with a small national emblem of the Czech Republic. (c)

(2) The management of the list of authorised persons and the written documentation relating to authorised persons shall be governed by specific legislation. 3d)

Termination, withdrawal and suspension of authorisation

§ 10

(1) Authorization shall cease if the authorised person dies or is declared dead.

(2) The Chamber withdraws authorisation

(a) who has been deprived of legal capacity or whose legal capacity has been restricted;

(b) to whom disciplinary action to withdraw authorisation has been imposed by the Chamber;

(c) to whom authorisation has been granted on the basis of incorrect or incomplete data;

(d) who gives up authorisation in writing.

(3) The Chamber shall delete the person whose authorization has expired or who has been withdrawn from the list of authorised persons.

§ 11

(1) The Chamber suspends the authorization of the authorised person

(a) for the duration of the sentence of imprisonment to which she has been sentenced for an offence committed in connection with the execution of an activity for which she has been authorised;

(b) for the duration of the sentence to prohibit the performance of an authorised person;

(c) for the duration of the disciplinary measure suspending authorisation;

(d) if the authorised person so requests in writing.

(2) The Chamber may suspend the authorization of the authorised person

(a) criminal proceedings for an offence have been initiated against an authorised person in connection with the performance of his or her activities, pending a final decision;

(b) where the procedure for its legal capacity has been initiated, pending a final decision terminating the procedure;

(c) if the authorised person has not carried out the activity for which the authorisation has been granted for at least five years, until the proficiency check referred to in Article 7 (1) (f).

(3) The Chamber will make an entry in the list of authorised persons on the suspension of authorisation.

(4) The Authorised Person is required to notify the Chamber within 15 days of any fact affecting the withdrawal or suspension of authorisation. The omission shall result in disciplinary action.

ČÁST TŘETÍ

PERFORMANCE OF AUTORISED PERSONS 'ACTIVITIES

Rights and obligations of authorised persons

§ 12

(1) The Authorised Person is responsible for the professional level of performance of the selected activities and other professional activities for which it has been authorised. This is without prejudice to liability under the general rules.

(2) The Authorised Person is obliged to carry out the activities for which it has been authorised, in person or in cooperation with other authorised persons, as appropriate, or in cooperation with other natural persons working under its authority. This is without prejudice to the rights and obligations arising from the creation and application of inventions, designs and improvements (5).

(3) In carrying out its activities, the authorised person shall be obliged to comply with the generally binding legislation in force and the rules issued by the relevant Chamber.

(4) The Authorised Person may not exercise:

(a) the functions in which it would issue administrative decisions concerning the results of its own activities;

(b) activities which are incompatible with the activity of an authorised person under the generally binding legislation in force and those of the Chamber.

(5) The Authorised Person is required to continue training and monitor the information necessary for the proper performance of his or her activities.

(6) In order to ensure the proper performance of selected activities in construction beyond the scope of the field or of the specialisation to which the authorised person has been authorised, the authorised person is required to ensure the cooperation of the person with the authorization in the relevant field or specialisation.

§ 13

(1) The authorised person is entitled, according to the type of authorisation granted, to use the designation "authorized architect," "authorized engineer" or "authorized technician," in conjunction with the field designation or specialisation for which authorisation has been granted. A person who has been authorised under § 4 (2) (b) may use the term "authorised urbanist." Authorised engineer or technician active in the field of construction implementation may use the term "authorized builder."

(2) The designation referred to in paragraph 1 and the name of the architect, if not part of the academic title, may not be used by any other person, even in conjunction with other words.

(3) The authorised person shall bear the documents relating to the performance of his activity by signature and stamp with the national emblem of the Czech Republic, 6) on behalf of the authorised person, the number under which he shall be entered in the list of authorized persons kept by the Chamber and indicated by the field, specialization and authorisation, where appropriate.

(4) The authorised person is required to keep a chronological list of the documents bearing this stamp.

(5) Documents designated by an authorised person pursuant to paragraph 3 shall be public documents for official purposes.

(6) After the expiry, withdrawal or suspension of authorisation, the Chamber shall ensure that the documents referred to in paragraphs 3 and 4 are taken care of in accordance with specific legislation. 3d)

§ 14

(1) Authorised persons carry out activities for which they have been authorised, such as:

(a) free architects or free engineers operating under this law;

(b) persons engaged in activities under the Trade Code;

(c) staff members in employment, service, Member State or other equivalent;

(d) members of a public company.

(2) The Authorised Person shall notify the Chamber, without undue delay, of the manner in which the operation referred to in paragraph 1 is carried out and of any changes thereto.

§ 15

(1) Free architect or free engineer

(a) carry out project activities and provide related professional services independently, in its own name, under its own responsibility and for remuneration;

(b) may, at the same time, carry out only teaching, lecturing or publishing activities, but may not carry out activities or employment in which it would jeopardise its independence;

(c) be entitled to employ additional persons.

(2) The place of business of a free architect or a free engineer is the place of business listed in a list kept by the Chamber.

§ 15a

Association

(1) Where free architects or free engineers carry out their profession together, they shall adjust their relations by means of a written contract (hereinafter referred to as the association). The participants of the association may be exclusively free architects or free engineers. Participants in the association shall be required to pursue the profession under the common name.

(2) The association must have a common place of business.

§ 15b

Public commercial company established for the purpose of the occupation

(1) Where free architects or free engineers engage as members of a public company, only free architects or free engineers shall be members.

(2) Free architects or free engineers who are members of a company as referred to in paragraph 1 shall pursue a profession on behalf of and on behalf of the company.

§ 16

(1) No later than the start of the activity, the authorised person is required to take out insurance against the damage caused by the performance of the activity. This does not apply if the authorised person carries out this activity in a work, service, member or other equivalent proportion.

(2) The insurance referred to in paragraph 1 shall continue throughout the life of the activity.

(3) The proof of the conclusion of the insurance referred to in paragraph 1 shall be submitted by the authorised person to the client and, on request, to the competent authority of the Chamber.

Scope of authorised persons

§ 17

Authorised architect is entitled to perform the following selected and other professional activities within the scope of the field or specialisation (Section 4) for which he has been authorised:

(a) to draw up planning documentation including planning documentation;

(b) to draw up project documentation for buildings (including relevant zoning materials), with the exception of civil engineering structures;

(c) to draw up project documentation for garden and landscape arrangements, including zoning documentation and relevant parts of the zoning documentation;

(d) to participate in the development of project documentation for civil engineering works, produced by an authorised engineer, in particular in the case of construction works which are designated as architecturally or urbanistically significant by a specific regulation, zoning plan or decision of the competent authority of the zoning area;

(e) carry out structural architectural or urban surveys;

(f) to issue expert opinions, to process documentation and opinions for the sub-evaluation of the environmental performance of buildings, 8) including for management purposes before public authorities;

g) to develop project documentation for the interior of buildings,

(h) carry out copyright or technical supervision over the implementation of the construction;

i) lead the implementation of a simple construction,

(j) carry out geodetic measurements for project activity and outlaying, unless otherwise specified in the specific regulation;

k) to represent the builder or, where appropriate, the appellant on the basis of a mandate in territorial, building or housekeeping proceedings;

(l) to perform professional functions in the public administration bodies on the area of land-use planning or construction rules, unless otherwise provided for in the specific regulation.

§ 18

Authorised engineer is entitled to perform the following selected and other professional activities within the scope of the field (Section 5), or, where applicable, the specialisation for which he has been authorised:

(a) to draw up project documentation for buildings (including relevant zoning materials), with the exception of those on-site structures which are identified as architecturally or urbanistically relevant by a specific regulation, zoning plan or decision of the zoning authority; This exemption does not affect the conclusion of obligations under the general legislation, 9)

(b) to participate in the drawing up of project documentation of ground structures which are designated as architecturally or urbanistically relevant by a specific regulation, zoning plan or decision of the zoning authority and which are produced by an authorised architect;

(c) draw up the zoning documents and the relevant parts of the zoning documents;

d) perform static and dynamic calculations of buildings;

(e) carry out engineering or engineering surveys;

(f) carry out tests and diagnostics of buildings, unless otherwise specified in the specific regulation;

(g) to issue expert opinions, to process documentation and opinions, for the sub-evaluation of the environmental impact of buildings, 8), including for management purposes in front of public authorities;

h) lead the implementation of the construction;

(i) carry out geodetic measurements for project activity and outlining work, unless otherwise provided by specific regulations;

(j) carry out copyright or technical supervision of the implementation of the construction;

k) to represent the builder or, where appropriate, the appellant on the basis of a mandate in territorial, building or housekeeping proceedings;

(l) to perform professional functions in the public administration bodies on the construction or zoning section, unless otherwise provided for in the specific regulation.

§ 19

Authorised technician is entitled to perform the following selected and other professional activities within the scope of the field (Section 5) or, where applicable, the specialisation for which he has been authorised:

(a) to draw up the project documentation where the whole of its field is relevant; in other cases and in the case of the field of land construction, develop the relevant parts of the project documentation;

(b) participate in the development of project documentation processed by an authorized architect or an authorized engineer;

(c) carry out structural technical surveys;

d) lead the implementation of the construction,

(e) carry out copyright or technical supervision over the implementation of the construction;

Citation	Full text of Act No. 150 / 2004 Coll., Act No. 360 / 1992 Coll., on the pursuit of the profession of authorized architects and on the pursuit of the profession of authorized engineers and technicians active in construction, as is apparent from subsequent amendments
Regulation Type	Declared full text
Author	-
Collection	Code of Laws

Date of Promulgation	07.04.2004
Effective from	-
Effective until	-
Status	Valid

Full text of Act No. 150 / 2004 Coll.

Full text of Act No. 360 / 1992 Coll., on the pursuit of the profession of authorized architects and on the pursuit of the profession of authorized engineers and technicians active in construction, as resulting from subsequent amendments

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