What is Act No. 152 / 2023 Coll.?

Act No. 152 / 2023 Coll., amending Act No. 283 / 2021 Coll., Construction Act, as amended by Act No. 195 / 2022 Coll., and certain other related laws — Act amending Act No. 283 / 2021 Coll., Construction Act, as amended by Act No. 195 / 2022 Coll., and certain other related laws.

When it became Act No. 152 / 2023 Coll. effectiveness?

Act No. 152 / 2023 Coll. became effective 01.07.2023.

Is Act No. 152 / 2023 Coll. still valid?

Yes, Act No. 152 / 2023 Coll. is still valid and effective.

How many times was it Act No. 152 / 2023 Coll. amended?

Act No. 152 / 2023 Coll. has 4 time versions of the text.

Act No. 152 / 2023 Coll.

Act amending Act No. 283 / 2021 Coll., Construction Act, as amended by Act No. 195 / 2022 Coll., and certain other related laws

Valid Law Effective from 01.07.2023

Text versions: 01.07.2026 01.07.2023 05.06.2023

ČÁST PRVNÍ Čl. I „§ 15 § 16 „§ 17 „§ 18 „§ 20 „§ 30a „§ 31 „§ 32a § 32b „§ 34a „Díl 3 § 70 § 71 § 71a § 71b § 71c § 71d § 71e „§ 74 „HLAVA IV § 136a „§ 179a „§ 246 „§ 262 „§ 276 „§ 315 „§ 319 „Díl 5 § 332 „Díl 6 § 332a Čl. II ČÁST DRUHÁ Čl. III ČÁST TŘETÍ Čl. IV ČÁST ČTVRTÁ Čl. V ČÁST PÁTÁ Čl. VI ČÁST ŠESTÁ Čl. VII ČÁST SEDMÁ Čl. VIII ČÁST OSMÁ Čl. IX ČÁST DEVÁTÁ Čl. X ČÁST DESÁTÁ Čl. XI ČÁST JEDENÁCTÁ Čl. XII ČÁST DVANÁCTÁ Čl. XIII ČÁST TŘINÁCTÁ Čl. XIV Čl. XV ČÁST ČTRNÁCTÁ Čl. XVI ČÁST PATNÁCTÁ Čl. XVII ČÁST ŠESTNÁCTÁ Čl. XVIII ČÁST SEDMNÁCTÁ Čl. XIX ČÁST OSMNÁCTÁ Čl. XX ČÁST DEVATENÁCTÁ Čl. XXI „§ 13 ČÁST DVACÁTÁ Čl. XXII ČÁST DVACÁTÁ PRVNÍ Čl. XXIII ČÁST DVACÁTÁ DRUHÁ Čl. XXIV ČÁST DVACÁTÁ TŘETÍ Čl. XXV ČÁST DVACÁTÁ ČTVRTÁ Čl. XXVI ČÁST DVACÁTÁ PÁTÁ Čl. XXVII ČÁST DVACÁTÁ ŠESTÁ Čl. XXVIII „§ 16 Čl. XXIX ČÁST DVACÁTÁ SEDMÁ Čl. XXX Čl. XXXI ČÁST DVACÁTÁ OSMÁ Čl. XXXII „§ 2c „§ 2k Čl. XXXIII ČÁST DVACÁTÁ DEVÁTÁ Čl. XXXIV ČÁST TŘICÁTÁ Čl. XXXV ČÁST TŘICÁTÁ PRVNÍ Čl. XXXVI

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152

THE LAW

of 10 May 2023

amending Act No. 283 / 2021 Coll., Construction Act, as amended by Act No. 195 / 2022 Coll., and certain other related laws

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

Amendment of construction law

Čl. I

Act No. 283 / 2021 Coll., Construction Act, as amended by Act No. 195 / 2022 Coll., is amended as follows:

1. in § 1 (1), § 274 (c) and § 275 first sentence, the word "State" shall be deleted;

2. In Article 2 (1), the words "coordinated expression 'are deleted.

3. In Article 2 (2), the words "the approval of a territorial development policy and 'shall be inserted after the words" at'.

4. In Article 2 (3), the words "coordinated expression 'are deleted.

5. In Article 3 (1) and (2), the words "coordinated expression 'are deleted.

6. in Article 5, the following paragraph 4 is inserted after paragraph 3:

"(4) The construction of the main set of buildings in this law means the construction which determines the purpose of the construction of the set of buildings. A secondary construction in a set of structures is a building which is related to the construction of the main purpose of use or location and which ensures the usability of the main construction or complements the purpose of the main use of the building."

Paragraphs 4 and 5 shall become paragraphs 5 and 6.

7. In Article 10 (1) (b), the words "including production and energy sources, energy storage devices, recharging stations and gas storage devices' shall be inserted after the words" energy '.

8. In Article 12 (k), the words "or neglected 'shall be inserted after the word" degraded' and the words "defined 'shall be inserted after the word" territorial development plan, the principles of territorial development or'.

9. in § 12 (q), the following point 1 is inserted:

"1. territorial development policy shall mean a territorial development plan, territorial development principles, a territorial plan and a regulatory plan, ';

Points 1 to 3 shall become points 2 to 4.

10. In Section 12, at the end of point (u), the dot is replaced by a comma and the following points (v) and (w) are added:

"(v) architectural competition the process of searching for the best architectural solution of the construction or the contractor of the project documentation in which the design of the architectural solution of the construction is presented and evaluated;

(w) urban competition procedure for the search for the best urban solution of the territory or the contractor of the territorial study or planning documentation, in which proposals for urban solution of the territory are submitted and evaluated. "

11. in Article 13, the following point (d) is inserted after point (c):

"(d) the accessibility of the creation of conditions for the separate and safe use of land and buildings by persons with mobility, visual or auditory disabilities, persons of advanced age, pregnant women and persons accompanying a child in a pram or a child under 3 years of age (hereinafter referred to as" a person with reduced mobility ") with a view to barrier-free use;"

Points (d) to (p) shall be renumbered as points (e) to (q).

12. in Article 13, point (f) is deleted;

Points (g) to (q) shall be renumbered as points (f) to (p).

13. in Article 13 (i), the word "permanent" shall be inserted after the word "on."

14. in Paragraph 13 (l), the word "daily" shall be inserted after the word "size."

15. in Article 13 (o), the word "cheek" is replaced by "cheek."

16. In Paragraph 14, the dot at the end of point (g) is replaced by a comma and the following point (h) is added:

"(h) supervision by the designer of the ongoing expert supervision of the compliance of the implementation of the project documentation with the authorisation document and the implementation of the project in accordance with the implementation documentation.";

17. In Part Two, in Title I, the word "STATE 'is deleted.

18. Articles 15 and 16, including the headings, read:

„§ 15

General provisions

The scope of this Act is exercised by the Government, the Ministry of Regional Development ("the Ministry '), the zoning authorities, construction offices, municipalities, and regions.

§ 16

Municipality and Region

The municipality and the county shall continuously monitor the application of their territorial planning documentation and evaluate it under this law. Where there is a change in the conditions under which the planning documentation has been issued, it shall make a change to the relevant planning documentation. ';

19.

„§ 17

Transport and energy construction office

(1) The Transport and Energy Building Office is an administrative office with national competence in the matters of the construction order under the Ministry of Transport.

(2) Prague is the headquarters of the Transport and Energy Building Office.

(3) The Ministry of Transport is designated by the Ministry of Transport by decree.

(4) The head of the Transport and Energy Building Office is the Director. For the purposes of the Civil Service Act, the Ministry of Transport is the direct superior administrative office of the Transport and Energy Building Office.

(5) The selection, appointment and removal of the Director shall be governed by the Civil Service Act. '.

20. Paragraph 18, including the title, reads:

„§ 18

Synergies of public authorities

(1) The zoning authorities and the construction authorities shall, in exercising their competence, cooperate with the public interest authorities concerned under other legislation.

(2) The construction office shall discuss the observations and binding opinions delivered by the authorities concerned. In order to discuss observations and binding opinions or to eliminate discrepancies, the construction office may convene joint negotiations with the authorities concerned. The joint action shall be non-public and a protocol shall be drawn up on its progress and conclusions. The construction office shall notify the authorities concerned of its performance at least 5 days in advance. If appropriate, the construction office shall invite the builder and other parties to act jointly. In such a case, the construction office shall order a joint hearing as an oral hearing.

(3) If, in accordance with the procedure laid down in paragraph 2, there is no conflict between the construction office and the authorities concerned and between the authorities concerned, the procedure shall be followed in accordance with the administrative rules.

(4) Where the authorities concerned lay down in their observations or binding opinion the conditions which have become part of the decision of the construction office, they shall check compliance with them in cooperation with the construction office. "

21. in Paragraph 19 (1) (a):

"(a) the Ministry,"

22. Paragraph 20, including the title, reads:

„§ 20

Government

(a) approve the policy of architecture and building culture;

(b) decide on the acquisition of a territorial development policy;

(d) discuss and approve the report on the implementation of the territorial development and architecture and building culture policy;

(e) issue a territorial development plan;

(f) discuss and approve a report on the implementation of the territorial development plan;

(g) issue territorial measures on the construction closure when changes are made to national territory;

(h) issue territorial measures on the rendering of the territory if they affect their importance, scope or use of the territory of several regions or states. ";

23. The heading of Section 21 reads "Ministry."

24. In § 21 (1), § 21 (2) of the introductory part of the provision, § 32 (2) of the introductory part of the provision, § 32 (3) of the introductory part of the provision, § 42 (3) of the first sentence, § 47 (4), § 50 (1) of the introductory part of the provision, § 52 (2), § 53 (3) of the introductory part of the provision, § 114 (3) of the second sentence, § 267 (1) of the second sentence, § 268 (2), § 281 (1) of the introductory part of the provision, § 281 (2) of the introductory part of the provision, § 287 (2) of the introductory part of the second sentence, § 316 (5) of the second sentence, and in § 333 (1) of the "Supreme construction office" shall be replaced by "Ministry."

25. in Article 21 (2), the following point (c) is inserted after point (b):

"(c) procures territorial development policy,"

Points (c) to (h) shall be renumbered as points (d) to (i).

26. in Article 21 (2) (e), the words "territorial development policy" shall be inserted after the words "procurement."

27. in Article 21 (2), the following point (f) is inserted after point (e):

"(f) it shall take territorial measures on the building closure in the event of changes in national territory;"

Points (f) to (i) shall be renumbered as points (g) to (j).

28. in Article 21 (2) (g), the words "and to be published" shall be deleted and the words "building closures, if they affect the territory of several regions," shall be replaced by the words "rendering the territory if it affects its meaning, scope or use the territory of several regions or states."

29. in Article 23 (2), the following point (d) is inserted after point (c):

"(d) it shall take territorial measures on the closure of buildings in the event of changes in the territory of supra-local importance."

Points (d) to (g) shall be renumbered as points (e) to (h).

30. in Article 23 (2) (e), the words "and to be published" and the words "on the closure and" shall be deleted and the words "if more administrative districts of municipalities with extended scope" shall be replaced by the words "if they affect their importance, scope or use of the territory of several municipalities."

31. in Paragraph 24 (2):

"(2) Regional Council

(a) make comments on the draft territorial development policy and the territorial development plan and the principles of the territorial development of the neighbouring region;

(b) make comments on the draft territorial measure taken by the Ministry and affecting the territory of the region;

(c) decide on the acquisition of a zoning measure on the construction closure and rendering of the territories for which the regional authority is responsible;

(d) issue territorial measures on the construction closure and rendering of the territories to which the regional authority is responsible;

(e) initiate a change in territorial development policy, a change in the spatial development plan, a change in the spatial plan or a change in the regulatory plan. ";

32. in Article 25 (b), the words "and the regulatory plan" are replaced by the words "the regulatory plan and the territorial measures."

33.In Paragraph 25 (e), the words "and issued 'are deleted.

34. in Article 26, the words "(e)" shall be inserted after the words "(a)."

35. in Paragraph 27 (2):

"(2) The council of municipalities and in municipalities where the council is not elected, the council of municipalities

(a) make comments on the draft territorial development policy, the territorial development plan, the principles of territorial development and the territorial plan of the neighbouring municipality;

(b) make comments on the proposal for a definition of the established territory for the territory of the municipality;

(c) make comments on the proposal for a territorial measure on the rendering of the territory and the territorial measure on the construction closure of the region as a zoning office, or the Ministry, and affect the territory of the municipality;

(d) decide on the acquisition of a zoning measure on the construction closure and the rendering of the territory for the territory of the municipality;

(e) issue territorial measures on the closure and rendering of the territory for the territory of the municipality;

(f) decide on the submission of an application pursuant to Paragraph 25 (b) or decide on the conclusion of a contract with a person meeting the conditions for carrying out a territorial planning activity pursuant to Article 46 (2) (c);

(g) decide on the application pursuant to Paragraph 48 (3). "

36. In § 28 (1), § 29 (1), § 29 (2) (e), § 42 (2), § 42 (4) sentences first and second, § 42 (5) sentences second, § 45 (1), § 45 (2), § 50 (1) (e), § 51 (3) sentences first, § 51 (4), § 69 (2), § 76 (2), § 88 (2), § 91 (1) (a), § 95 (2), § 269 (1) (e), § 277 (1) of the preliminary provisions, § 277 (1) (f), § 279 (3), § 288 (1), § 289 (1), § 300 and in § 317 (3), § 317 (3), the words "Paragraph 69 (1) shall be replaced by the word" Ministry. "

37. in Paragraph 29 (1), the words "and entity" shall be inserted after the word "State."

38. in Paragraph 29 (2), the following point (c) is inserted after point (b):

"(c) elaborates a proposal for a territorial development policy, its amendments and the full text of the territorial development policy following its last amendment,"

Points (c) to (e) shall be renumbered as points (d) to (f).

39. in Paragraph 29 (2) (d), "complete" is replaced by "complete" and "territorial development plan" is inserted after "text";

40. in Paragraph 29 (2) (e), "analytical" is replaced by "planning."

41. in Article 30 (1) (a) and (b):

'(a) the Ministry,

(b) Ministry of Transport, '

42. in Article 30 (1), the following points (c) and (d) are inserted after point (b):

"(c) Ministry of Industry and Trade,

(d) Transport and energy construction office, ';

Points (c) and (d) shall be renumbered as points (e) and (f).

43.In Paragraph 30 (1) (e), "a" is replaced by a comma.

44. in Article 30 (1), the following point (f) is inserted after point (e):

"(f) municipal building offices and '.

Point (f) shall be renumbered as point (g).

45. in Paragraph 30, the following paragraphs 2 to 5 are inserted after paragraph 1:

"(2) Regional construction offices are regional offices.

(3) The municipal building offices are:

(a) municipal authorities with extended scope; and

(b) authorised municipal authorities and municipal authorities, which shall be laid down by the Ministry by implementing legislation.

(4) The administrative districts of municipal construction offices are defined by the Ministry by implementing legislation. The establishment of a municipal building office or its abolition, or any change to its administrative district, may be carried out only at the beginning of the calendar year.

(5) Where a municipal building office is designated or cancelled or, where appropriate, a change to its administrative district, the Ministry shall lay down in the implementing legislation which the municipal building office shall complete the pending administrative procedure and shall conduct a file separation with the disturbed municipal building office. ';

Paragraph 2 shall become paragraph 6.

46. After Paragraph 30, the following Section 30a is inserted:

„§ 30a

Qualification requirements for the performance of activities on the construction order section

(1) Regional construction offices and municipal construction offices operate on the building order section through officials (6) meeting the qualification requirements for the pursuit of the construction order section.

(2) The qualification requirements for the performance of activities on the building order section are met by a natural person who:

(a) has a certificate of specific competence for the administrative activity of the building rules and expropriation according to other legislation7), or a certificate of successful completion of an official examination for the field of the civil service of which the building rules are included;

(b) meets the qualification requirements of education under this law; and

(3) The provisions of another legislation on certification of the equivalence of education8) shall not apply to the conditions referred to in paragraph 2.

(4) The qualification requirements of education and practice referred to in paragraph 2 (b) and (c) satisfy:

(a) an authorized architect who has been authorised for the field of architecture or without specification of the field under the authorization law;

(b) an authorized engineer or an authorized technician who has been authorised for the field of land construction, transport construction, water management and landscape engineering, bridges and engineering, statics and dynamics of buildings or urban engineering;

(c) a natural person with a higher education in a study programme belonging to the field of education of architecture, construction or law;

(d) a natural person who has a higher professional education in the field of construction and 1 year of experience in the performance of activities on the section of the building regulations in public administration; or

(e) a natural person with a secondary education with a graduate degree in the construction sector and 1 year of experience in the performance of activities on the section of the building regulations in the public administration.

(5) An official who does not meet the qualification requirements may carry out the activities of the building office on the section of the building order, provided that it is ensured that, until those requirements are met, he will carry out that activity under the professional guidance of an official who fulfils the qualification requirements for the activity on the section of the building order, but not more than three years. ';

47. Paragraph 31, including the title, reads:

„§ 31

Methodological activity

(1) The Ministry is methodically harmonising the performance of the building authorities in the area of construction rules and construction requirements.

(2) The Ministry of Transport shall methodically unify the performance of construction offices in the area of construction requirements for motorways, roads, local roads and publicly accessible special purpose roads, railway structures and civil aviation structures. "

48. The heading of Section 32 reads: "Ministry."

49. in Paragraph 32 (1):

"(1) The Ministry is a superior administrative body of the Regional Building Office, unless its superior administrative body is the Transport and Energy Building Office. '

50. in Article 32 (2), point (a) is deleted;

Points (b) to (i) shall be renumbered (a) to (h).

51. in Paragraph 32 (2), the words "with the exception of the standards laid down in the implementing legislation of the local authority" shall be added at the end of the text in points (d) and (e).

52. in Paragraph 32 (2), the comma at the end of point (g) shall be replaced by a dot and point (h) shall be deleted, including footnote 4.

53. In Article 32, the following paragraph 4 is added:

"(4) The Ministry shall not exercise jurisdiction under this Act to the extent that it is exercised by the Ministry of Transport or the Ministry of Industry and Trade. ';

54. The following Sections 32a and 32b are inserted after Section 32:

„§ 32a

Ministry of Transport

(1) The Ministry of Transport is a superior administrative body of the Transport and Energy Building Office, unless its superior administrative body is the Ministry of Industry and Trade.

(2) Ministry of Transport in the case of motorways, roads, local roads and public access to special-purpose roads, railway structures and civil aviation structures

(a) monitor the effectiveness of technical regulations for construction and ensure that their level is improved;

(b) propose modifications to the requirements for constructions, their parts, functions, elements and construction products and provide incentives to adapt Czech technical standards or to certify construction products or other construction technical measures;

(c) prepare a list of binding Czech technical standards or parts thereof containing more detailed technical requirements for constructions to be determined by the Office for Technical Standardisation, Metrology and State Testing as specified technical standards in the construction sector and notify them in the Bulletin under another legislation, except for the standards laid down by the implementing legislation of the local authority;

(d) ensure free access to specified technical standards in construction according to another legislation, except for those laid down in the implementing legislation of the local authority;

(e) carry out control in matters relating to the construction rules.

§ 32b

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Regulation Information

Citation	Act No. 152 / 2023 Coll., amending Act No. 283 / 2021 Coll., Construction Act, as amended by Act No. 195 / 2022 Coll., and certain other related laws
Regulation Type	Law
Author	-
Collection	Code of Laws

Date of Promulgation	05.06.2023
Effective from	01.07.2023
Effective until	-
Status	Valid

Legal Areas: Archive Transport Mining Culture Metrology, Standardisation and Typing, Testing, Measuring Service Civil law Civil law substantive State Defence Land, Land Education, Education, Education Governance of the national economic sectors Administrative authorities Administrative law Administrative judiciary Construction Telecommunications, Communications, Mail Constitutional (state) law Territorial Authority Water, Water management Health

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