Decree of the Federal Committee on Technical and Investment Development and Ministries of Construction and Technology of the Czech Socialist Republic and Slovak Socialist Republic No. 17 / 1970 Coll.
Decree of the Federal Committee on Technical and Investment Development and Ministries of Construction and Technology of the Czech Socialist Republic and the Slovak Socialist Republic on the granting of consent to the launch of buildings
Valid
Effective from 12.03.1970
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17
DECLARATION
Federal Committee on Technical and Investment Development and Ministries of Construction and Technology of the Czech Socialist Republic and Slovak Socialist Republic
of 28 February 1970
on the granting of consent to the opening of buildings
The Federal Committee on Technical and Investment Development, the Ministry of Construction and Technology of the Czech Socialist Republic and the Ministry of Construction and Technology of the Slovak Socialist Republic provide pursuant to § 6 (ch) of Act No. 53 / 1968 Coll., on Changes in the Organisation and Scope of Certain Central Authorities, § 6 of Act No. 2 / 1969 Coll., the Czech National Council on the Establishment of Ministries and other Central Authorities of the Czech Socialist Republic, and § 1 and 11 of Act No. 207 / 1968 Coll., the Slovak National Council on the Establishment of Ministries and other Central Authorities of the Slovak Socialist Republic to implement the Resolution of the Government of the Czechoslovak Socialist Republic of 23.12.1969 No. 327:
INTRODUCTORY AND GENERAL PROVISIONS
Purpose of the Order
(1) This decree monitors the improvement of the implementation of investment construction in line with the basic objectives of the plan and the elimination of its shortcomings, in particular the reduction of overcapacity, the reduction of disproportionate construction deadlines and the overall increase in level, discipline and order in the preparation of investment construction.
(2) For the duration of the necessary need, the opening of all the buildings covered by this Decree will be subject to the granting of state consent. This will ensure that only the buildings included in the approved annual implementation plans, whose smooth implementation and future operation (use) are properly secured and whose approval has been granted under this decree, can be launched in the future.
Scope
The decree covers all buildings with a budget cost of over 1.5 million CZK, *) planned to start after 1 January 1970.
Basic provisions
(1) In order to start the construction, it is necessary to:
(a) permission to start the construction;
(b) registration.
(2) The opening of the building may only be authorised if an authorisation procedure has been carried out pursuant to § 4 - 8, or, where appropriate, in the case of the buildings referred to in § 9 (1) - § 4 - 7 and 9.
(3) A construction which has been authorised to start (hereinafter called "authorised construction") may be started only after the registration has been carried out.
AUTHORISATION PROCEDURE
Purpose and scope of the authorisation procedure
(1) The authorisation procedure shall be examined, not earlier than three months, not later than six weeks before the start of the construction, the conditions under which the construction was included in the plan, as well as other important conditions not provided for in the plan (Section 5), but the fulfilment of which is necessary to ensure smooth and timely construction and future operation (use).
(2) Only the structures listed in the investment plan, i.e. in the lists of buildings approved by the competent national or federal authorities to start in individual years, *) or in complex housing schemes (§ 9), may be proposed for authorisation.
Conditions verified in the authorisation procedure
(1) The conditions under which the construction was included in the plan are verified by the following data and indicators:
(a) total budgetary costs of construction, * *)
(b) the year of completion of the construction;
(c) the capacity proposed and the deadline for putting into service (use);
(d) the budgetary costs included in the investment plan and of which the works, * * *)
(e) the need or, where appropriate, the increase in workforce to ensure full capacity utilisation;
(f) other data and indicators resulting from the selection procedure. †)
(2) Conditions not provided for in the plan shall be verified in particular by the following documents and indicators:
(a) a proper project documentation, that is to say, for the individual construction, a project of the whole construction, but at least a comprehensive project solution of the construction, including contractual arrangements for the completion of projects of all objects and operating files; for a set of structures, in addition to studies of a set of structures and evidence of ensuring the priority design of civil engineering networks discussed with the competent authorities while respecting their comments,
(b) contractual security of supplies and works for the whole part of the construction and crucial supplies of machinery and equipment necessary to meet the dates for putting the construction into operation (use);
(c) by securing the main raw materials, water and energy when the construction is put into service (use);
(d) ensuring the financing of the construction, the corresponding general budget and the full scale of the construction, broken down into the investor's own resources, state budget funds, bank loans and foreign exchange funds,
(e) a territorial decision and a decision on the admissibility of the construction;
(f) evidence that conditional investments are provided for housing construction and that the construction is part of a housing complex (a housing complex) or another building complex, that engineering networks are mainly built;
(g) proof by the superior body that the construction organisation fulfils the obligations imposed on it as a binding task in residential construction, i.e. that the construction will not be carried out at the expense of the capacity required for this binding task.
Verification of compliance
(1) The verification of compliance with the conditions set out in Paragraph 5 (1) involves the finding that the conditions exist and persist or that they are not aggravated.
(2) The verification of compliance with the conditions laid down in § 5 (1) (b) involves the finding that the construction will be carried out smoothly, with the completion date specified in the investment plan, i.e. in the lists of buildings approved for start-up in each year or in complex housing schemes (§ 9). where applicable, the difference between the technically real time and the contractually guaranteed time shall be justified.
(3) The fulfilment of the conditions laid down in Article 5 (1) (e) must be demonstrated by evidence of ensuring the future operation of the construction by the labour force with full capacity utilisation through the forward balance of the labour force for the whole of the relevant district or region, with the forecast balance of the centrally assessed buildings being verified by the SSR Planning Commission, the SSR Planning Commission.
Authorising authority
(1) The opening of the construction permit:
(a) federal sector bodies and other bodies are equal to them for structures of federal importance *) and for other structures of organisations managed by federal bodies (for all buildings centrally assessed after the observations of the Federal Ministry of Planning and the Federal Committee on Technical and Investment Development);
(b) the central sector bodies of the Republics and their bodies are equal to the regional national committees in the Czech Republic and the regional national committees in the SSR for all other structures (for centrally assessed buildings, after comments by ministries of planning and ministries of construction and technology of the Republics).
(2) The Federal Committee on Technical and Investment Development and the Ministries of Construction and Technology of the Republics may reserve the authority of the authorising authority for selected centrally assessed buildings in accordance with the scope of the previous paragraph when drawing up the State Plan.
(3) Ministers (heads of central bodies) may delegate the powers of the authorising authority referred to in paragraph 1, with the exception of those centrally assessed, to the Directors-General of the production of economic units and to the Heads of Authorities, on an equal footing to the extent agreed with the relevant Ministry of Construction and Technology and the Ministry of Planning - or in the case of structures of organisations managed by federal bodies - with the Federal Committee on Technical and Investment Development and the Federal Ministry of Planning.
Authorisation procedure
(1) The application for authorisation to start the construction shall be submitted by a direct investor, through his superior authority, to the authority authorised to grant the authorisation within the time limit referred to in Article 4 (1). The application shall be accompanied by the supporting documents referred to in paragraphs 5 and 6 and by a draft building registration sheet (* *), indicating in particular the construction data and its technical economic indicators (see Annex 1), in the number of copies resulting from Section 13. The authorisation procedure may be used for documents which have previously been examined (e.g. when approving a project, in the selection procedure), provided that there has not been any change to them until the period of the authorisation procedure.
(2) The authorising authority shall, upon request (paragraph 1), initiate, organise and manage the authorisation procedure. The proceedings shall be initiated without delay. In order to participate in the negotiations at a pre-determined location, within the time limits corresponding to § 4 (1), the responsible representative of the direct investor, his superior authority, the State Bank of Czechoslovak, the general designer, the contractor of the construction part (or suppliers of construction works) and suppliers of critical technological equipment shall be invited; If they are foreign organisations, they shall be invited as necessary. The authorising authority may delegate the organisational preparation and assembly of participants in the authorisation procedure to a direct investor or to a supervisor. In the case of centrally assessed buildings, the competent Ministry of Construction and Technology and the Ministry of Planning (or the Federal Committee on Technical and Investment Development and the Federal Ministry of Planning) shall inform the competent Ministry of Planning of the conduct of the authorisation procedure.
(3) If the conditions for the start of the construction pursuant to Paragraph 5 (1) are not met during the authorisation procedure, and these are the basic data and indicators (listed in Annex 1, marked "Z '), or the conditions laid down in Section 5 (2), the start shall not be allowed until the defects have been remedied or the decision of the authority responsible for the approval of the derogations. The opening of the construction may not be allowed even if the delivery periods agreed in the economic contracts do not provide for the construction period laid down in this Decree.
(4) A record of the outcome of the authorisation procedure shall be drawn up by the authorising authority (authorised official). The annex to the registration shall consist of a registration sheet of the construction in the number of copies resulting from Section 13 with the data and indicators verified for the duration of the authorisation procedure.
(5) After the positive outcome of the authorisation procedure, the head of the authorising authority, or his authorised representative, shall confirm the registration sheet submitted and forward it within one week at the latest, together with the registration form to the registering authority (Section 11).
Derogations of the authorisation procedure for certain types of construction
(1) In the case of complex residential buildings and in the case of buildings on budgetary costs up to 5 million CZK, an organisation managed by district agricultural associations or production agricultural administrations shall not be subject to the authorisation procedure provided for in Section 8.
(2) The permission to start construction of complex residential construction is requested by a direct investor with the relevant national committee (KNV in ČSR, ONV in SSR). The application shall be supported by a design of a building registration sheet with data and indicators derived from the complex housing scheme and verified at the time of the application (in number of copies pursuant to § 13).
(3) The authorisation to start the construction of the budget cost up to 5 million CZK of the organisation managed by the district agricultural association or the production farm administration will be requested by a direct investor with the relevant regional agricultural association or production farm administration. The application shall be supported by a design of the building registration sheet with data and indicators verified at the time of the application (in number of copies as referred to in Section 13).
(4) The authorising authority shall verify that the conditions for initiating the construction referred to in paragraphs 2 and 3 are met. In a positive case, the head of the authorising authority or his authorised representative shall confirm the registration sheet of the construction and forward it to the registration authority within one week at the latest (Section 11). For residential buildings, it can only do so after prior joint discussion and examination of the data and indicators of the building registration sheet, stored in the assessment of the preparatory documentation of the construction, with the Ministry of Construction and Technology. If the conditions for starting the construction are not fulfilled, the procedure laid down in Paragraph 8 (3) shall be followed.
(5) The Federal Committee on Technical and Investment Development, in cooperation with the Federal Ministry of Planning, sets out which authorities give their consent to the launch of the construction of a specific part of the State Plan and the uranium industry.
REGISTRATION OF AUTHORISED CONTRACTS
Purpose and scope of registration
(1) The registration shall follow:
(a) achieving the necessary consistency of the authorisation procedure;
(b) ensuring the necessary links to the single information system in investment construction. *)
(2) The registration is subject to all the buildings for which the authorisation procedure was carried out with a positive result (Sections 8 and 9).
Registration authorities
(1) The registration of authorised constructions of organisations managed by the federal authorities is carried out by the Federal Ministry of Technical and Investment Development for all other constructions of the Ministry of Construction and Technology of the Czech Republic or the SSR (hereinafter referred to as the "Registration Authority").
(2) Where the authorising authority is the Federal Committee on Technical and Investment Development or the competent Ministry of Construction and Technology, it shall itself register on the basis of a certified registration sheet. In cases where the powers of the authorising authority have been delegated to the managing director of the production units or to the heads of bodies assimilated to them, a certified registration form shall be submitted for registration via the authority which delegated the powers.
Registration procedure
(1) The authority authorising the registration of the authorised building is initiating the procedure (§ 8 (5), § 9 (4)).
(2) The registration authority will assess the registration assumptions as the conditions for granting consent to start the construction (Section 3).
(3) If the registration authority does not identify the obstacle to registration, it shall assign a registration number to the construction. The registration sheet of the building shall bear a registration clause. Otherwise, it shall discuss the method of removing the deficiencies before registration with the authorising authority.
Measures after registration
The authority which has carried out the registration shall retain one copy of the registration number; Further copies shall be sent not later than 14 days after the date on which the registration form was delivered to him
- to the Federal Statistical Office (original for statistical processing);
- authorising authority (unless it is at the same time the authority which carried out the registration);
- to the investor;
- a superior investor body (unless it is a simultaneous authorising body);
- a central sectoral authority (unless it is a simultaneously authorising authority);
- the Federal Ministry of Technical and Investment Development for all centrally assessed structures of organisations managed by national authorities;
- the Ministry of Construction and Technology of the CSSR or SSR according to the site of construction of all centrally assessed structures of organisations managed by federal authorities;
- Czechoslovak State Bank
- headquarters at all construction sites of organisations managed by federal authorities,
- the main institute in Prague or Bratislava for all structures of organisations managed by national authorities;
- State Planning Commission for all centrally assessed buildings;
- Planning Commission ČSR or SSR for all centrally assessed structures of organizations managed by national authorities.
FINANCING AND IMPLEMENTATION OF REGISTERED CONSTRUCTION
Financing condition
The financing of buildings subject to an authorisation procedure is subject to the submission of a registration certificate, endorsed by the authorising authority and bearing the registration number of the authority which granted the registration, to the Czechoslovak State Bank (pursuant to § 13 (e).
Obligations of investors in implementation
(1) In the course of the implementation of the buildings, direct investors and their superior authorities are obliged to ensure compliance with the conditions under which approval to initiate the construction has been given.
(2) If, during the implementation of the construction, the basic data and indicators (listed in Annex 1 and marked "Z") are changed, the direct investor is obliged to notify the amendment to the authorising authority and to finance the branch of the bank without delay, stating the reasons. The authorising authority shall decide if a new building registration sheet is to be submitted or if the authorisation procedure is to be repeated. *)
(3) If the construction does not start within three months of its registration or if the construction is stopped during the implementation, the direct investor shall also notify the authorising authority, the registering authority and the financing branch of the bank, stating the reasons. In such cases the registration and thus the consent to start the construction will cease to be valid.
Tasks of the Czechoslovak State Bank
(1) The Czechoslovak State Bank examines compliance with the basic data and technical economic indicators of the construction, included in the credit agreements and agreements for the release of funds from the State budget, in accordance with the main conditions under which approval to initiate the construction was granted. The bank shall verify compliance with the other conditions for these buildings and compliance with the basic data and technical economic indicators for other buildings when examining the supporting documents submitted by the investor for financing the buildings and at random supervision of the buildings or by investors.
(2) If the bank finds a change in the basic conditions unannounced by the investor in accordance with Paragraph 15 (2), it shall notify the authority which authorised the start of the construction and shall set a time limit to remedy the defect. After its futile end, funding will cease.
TRANSITIONAL AND FINAL PROVISIONS
Transitional provisions
For buildings started after 1 January 1970, within one month of the effective date of the decree, the authorisation procedure under the decree shall be carried out retrospectively but no later than the end of April 1970.
Final provisions
(1) The infringement of the obligations laid down in this Order, which has given consent to the start of the construction, although the conditions laid down have not been met, is a ground for action under Paragraph 77 et seq. of the Labour Code, * *) if the action is not more serious, requiring criminal penalties.
(2) The Decree shall take effect on the day of its publication.
Minister-President:
Ing. Cernik v. r.
Minister:
Doc. Ing. Löbl, DrSc., v. r.
Minister:
Shebesta v. r.
Příloha č. 1
Annex No 1 to Decree No 17 / 1970 Coll.
Data and indicators of the building registration sheet
A. Identification information
Construction registration number -
1st place: number of reg place
2. place: indication of change
3-7 place: serial number
Construction - name and place (county, county)
- sectors and subsectors
- character of the construction
- size category
Investor - name and registered office (county, district)
- resort
- organisation group (VHJ)
- sectors and subsectors
- type of organisation
Approval authority to start construction
Financing branch of SBČS
B. Construction data
Month and year of construction start
From the moon and year of completion of the construction
Z Construction time in months
From the Moon and year of completion of production start-up to the design parameters
Picking up agricultural land in ha
Built-in area in m2
Area of use in m2
Built-in space in m3
Total expenditure of the general budget for the construction (Title I-IX)
Project work (Title I)
Total budgeted costs included in the investment plan
of which construction works
Dtto in individual years
of which construction works
(Title II to VIII of columns f + g of the general budget)
From Total costs borne by investment funds
Dtto in individual years
(Title I to IX after exclusion of costs borne by non-investment funds)
C. Total financial coverage of investment costs and in each year
Total
in this: own resources
Credit commitment
the promise of repayable State resources
the promise of non-refundable State resources
Other resources
D. Total financial security of supplies from the GST and in each year
Supply needs
Contractual collateral
Sources of cover
in this: own foreign exchange
limit
Other resources
E. Financial security of deliveries from KS total and in individual years
Supply needs
Contractual collateral
Sources of cover
in this: own foreign exchange
Recoverable sales
non-refundable sales
Other resources
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Regulation Information
| Citation | Decree of the Federal Committee on Technical and Investment Development and Ministries of Construction and Technology of the Czech Socialist Republic and Slovak Socialist Republic No. 17 / 1970 Coll., on the granting of consent to the opening of buildings |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 12.03.1970 |
|---|---|
| Effective from | 12.03.1970 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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