Regulation No 171 / 1950 Coll.
Construction demolition regulation
Valid
Effective from 01.01.1951
171.
Regulation of the Minister for Construction
of 22 December 1950
on the demolition of buildings.
The Minister of the Construction Industry orders pursuant to § 11 (4) of Act No. 280 / 1949 Coll., on Territorial Planning and the Construction of Municipality:
(1) For the demolition of a building (buildings, fences or supporting walls, monuments of particular importance) or part thereof, if the construction office has not given an order to it, the permit granted by the building office at the request of the owner of the building is required.
(2) The application shall specify the construction or part thereof to be demolished and indicate the purpose for which the construction is intended, as well as the names and, if possible, the addresses of the owners of the neighbouring property; at the same time, the applicant shall justify the need to remove the construction and indicate the undertaking which will carry out the demolition or keep an eye on it. Where possible, the request shall be accompanied by a statement from the local national committee, if it is not a building office, as well as from other parties.
(3) The construction office may, if necessary (in particular if it is a monument or otherwise significant), require the applicant to submit:
(a) a semi-rapid drawing on the scale of the descriptive map;
(b) a construction drawing or at least a sketch of the construction according to the actual condition in one or more copies;
(c) a photograph of the construction according to the current condition, from which the link of the construction to the nearest surrounding area would also be evident; and
(d) confirmation by the local national committee that the necessary replacement placement is taken care of.
(4) The construction office will examine (after the on-the-spot negotiations) in particular whether the need for the labour force will not be jeopardised by the performance of the tasks of the single economic plan, whether the demolition of the construction is not contrary to the zoning and the stopping plan, after the previous adjustment plan (§ 19 of Act No. 280 / 1949 Coll.), and whether the reasons for the economic and whether all the parties to the proceedings (also the public memorial care body, if any, are concerned) have submitted observations and whether their objections are justified. The demolition of the construction with regard to the adjustment plan from an earlier period will be examined by the construction office in agreement with the military administration.
(1) Construction demolition or part thereof
1. order,
(a) if the construction or part of the construction is threatened by collapse or endangers the safety or health of persons by fire or health defects; or
(b) where construction works are needed to further preserve and use the construction or part of it (except for the construction of monuments or otherwise significant) to such an extent that works, construction works and construction goods are used more effectively by new construction;
2. may order whether or not construction has been carried out
(a) substantially by way of derogation from a confirmed construction project and a stopping plan or from a detailed zoning plan or from the conditions laid down by the Regional National Committee;
(b) where the conditions for the approval of the construction office to carry out the construction are not fulfilled;
(c) not included in a single economic plan or without a certified construction project.
(2) The issue of a demolishing order assumes that the deficiencies in the construction can be eliminated only by demolishing the construction; in so doing, the construction office shall comply with the requirements of effectiveness, economy and conservation of monuments and, where appropriate, shall order the carrying out of appropriate tests to demonstrate the need for demolition.
(1) Before issuing the building demolishing order, the construction office shall conduct a meeting on the site to which it shall invite the owner of the building to be demolished, the owners of neighbouring properties and other participants.
(2) If the demolition of the building is a prerequisite for the investment task of the single economic plan, the procedure for demolishing the building shall be combined with the management of the measures of the building plot and the examination of the construction project.
(1) According to the outcome of the negotiations, the construction office may issue an on-site demolition order to be executed by the local national committee by or under the supervision of the authorised construction firm.
(2) The decision shall be included in the minutes of the on-the-spot hearing; if the owner of the building is not present for demolition, the decision shall be immediately notified to him in his own hands.
(3) The construction undertaking designated by the local national committee shall carry out the demolition of the construction; if they object to the destruction, they shall be dealt with by the local national committee in the fastest manner possible, in agreement with the authority of the immediately superior construction firm, as appropriate.
(1) The decision authorising demolition or ordering demolition shall specify in particular:
(a) the period by which the construction must be demolished;
(b) the conditions to be met when cutting;
(c) the arrangements for handling the materials and articles derived from the demolition of the building;
(d) the measures necessary to ensure and make the necessary adjustments to neighbouring buildings and the public facilities concerned;
(e) measures to ensure and adjust the land after degradation in terms of safety, health, communication needs and appearance.
(2) If necessary, the local national committee shall provide a construction drawing or, at least, a sketch of the construction and a photograph of the construction according to the current state, from which the connection of the construction to the immediate surroundings would also be evident.
(1) If a building, archaeological or other cultural landmark is found during the demolition, the firm responsible for the demolition of the building is obliged to notify the site immediately to the construction office which, in agreement with the public authority, decides on further measures. In the meantime, cutting at the site of the finding may not be continued except for the necessary safety measures; If the undertaking does not reach a decision within 8 days of the date of the notification, the cutting may continue.
(2) If there is an immediate need for the necessary security measures to be taken at neighbouring construction sites when cutting down defects that threaten their safety, the firm responsible for the demolition shall immediately notify the construction office. The demolition can only be continued with the approval of the construction office.
(1) A party to the proceedings shall also be a public monument care body, if it is a demolition of a building of historical, artistic or other cultural value or which could significantly alter the street character or the appearance of the municipality.
(2) The tenants of the building for demolishing are not a party to the proceedings.
The costs associated with the demolition of the building, the tests ordered and the necessary modifications to the land after the demolition carried out shall be borne by the owner. If a security measure is needed on the adjacent building for its defective condition, the cost of the measure shall be borne by the owner of the adjacent building; the cost of security measures resulting from defective cutting shall be borne by the construction firm carrying out the cutting.
The Ministry of Construction or the authority empowered by it may, for a transitional period, allow exemptions from the requirement of formalities, necessary for authorisation or for the issue of a demolition order, and in particular in proceedings, in particular where there are disused and degraded buildings or cases of natural and other disasters.
In the case of national property, the owner of the construction or neighbouring real estate shall be the authorities entrusted with their management.
This Regulation shall not apply to the demolition of buildings
(a) necessary for the rendering of the landscape in accordance with the rendering project or the rendering of the municipalities in accordance with the stopping plan;
(b) on the runway, provided that, after their demolition, the special regulations issued pursuant to Act No. 97 / 1950 Coll., on Railways apply.
This Regulation shall enter into force on 1 January 1951.
Zaporocký v. r.
Dr. Ing.
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Regulation Information
| Citation | Regulation No. 171 / 1950 Coll., on the demolition of buildings |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.12.1950 |
|---|---|
| Effective from | 01.01.1951 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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