What is Act No. 186 / 2006 Coll.?

Act No. 186 / 2006 Coll., on the amendment of certain laws related to the adoption of building and expropriation laws — Act on the amendment of certain laws related to the adoption of building and expropriation laws.

When it became Act No. 186 / 2006 Coll. effectiveness?

Act No. 186 / 2006 Coll. became effective 01.01.2007.

Is Act No. 186 / 2006 Coll. still valid?

Yes, Act No. 186 / 2006 Coll. is still valid and effective.

Act No. 186 / 2006 Coll.

Act on the amendment of certain laws related to the adoption of building and expropriation laws

Valid Effective from 01.01.2007

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186

THE LAW

of 14 March 2006

on the amendment of certain laws related to the adoption of building and expropriation laws

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

Amendment to the Act on State Monument Care

Čl. I

Act No. 20 / 1987 Coll., on State Monument Care, as amended by Act No. 425 / 1990 Coll., Act No. 242 / 1992 Coll., Act No. 361 / 1999 Coll., Act No. 122 / 2000 Coll., Act No. 132 / 2000 Coll., Act No. 146 / 2001 Coll., Act No. 320 / 2002 Coll., Act No. 18 / 2004 Coll., Act No. 186 / 2004 Coll., Act No. 1 / 2005 Coll., Act No. 3 / 2005 Coll., and the Constitutional Court Act No. 240 / 2005 Coll., is amended as follows:

1. footnote 1 shall read:

"1) Act No. 183 / 2006 Coll., on Territorial Planning and Construction Regulations (Construction Act). '.

2. In the first sentence of Article 11 (1), the words "after prior agreement with the competent authority 'are replaced by the words" on the basis of a binding opinion (2a) of the competent authority'.

Footnote 2a reads:

"2a) § 149 (1) of Act No. 500 / 2004 Coll., Administrative Regulation. '

3. Paragraph 11 (3) reads as follows:

"(3) The administrative authorities and authorities of regions and municipalities shall take their decisions in accordance with specific legislation which may affect the interests of national conservation or conservation of cultural monuments or conservation sites and the sites and their appropriate use, only on the basis of a binding opinion (2a) of the municipal authority of the municipality with extended scope and, if national cultural monuments are concerned, on the basis of a binding opinion of the regional authority."

4. In Section 12 (1), footnote 3 is replaced by footnote 1 and footnote 3 is deleted.

5. In Paragraph 14 (2), the words "building change 'are replaced by the words" change of construction, landscaping, location or removal of equipment, removal of construction, modification of timber' and the words "unless this obligation is excluded under this Act or under this Act (§ 17) 'are added at the end of the text of paragraph 2.

6. Paragraph 14 (4) reads as follows:

"(4) In territorial proceedings, in the case of the issue of territorial consent and in the proceedings for the authorisation of buildings, changes in buildings, landscapes 1), the location or removal of equipment, removal of construction and maintenance work, carried out in connection with the modification of the territory in which the State conservation care is applied (9), or in connection with the renewal of a real estate monument, or, where appropriate, the construction, modification of the construction, removal or maintenance work of a national cultural monument (1), the construction office shall decide, in accordance with the binding opinion of the general authority of the municipality with extended scope, if the national cultural monument, with the binding opinion of the county office. '

7. In Article 14 (5), the words "small construction, construction or maintenance work 'are replaced by the words" construction, change of construction, landscaping, 1) location or removal of equipment, removal of construction or maintenance work'.

8. In Article 14 (7), the words "building changes' are replaced by the words" changes in construction, landscaping, location or removal of equipment, removal of construction, wood treatment '.

9. In the first sentence of Paragraph 15 (3), the word "building 'is replaced by" expropriation'; in the second sentence, the word "building 'is replaced by" expropriation'.

10. Footnote 12 reads:

"12) Act No. 184 / 2006 Coll., on the withdrawal or restriction of property rights to land or construction (Expropriation Act)."

11. in Paragraph 17 (1):

"(1) If the protection of a real-estate cultural monument or its environment so requires, the municipal authority of the municipality, with extended scope, shall issue a territorial decision on the protection zone (1) after an expert organisation has expressed its views and shall determine for which properties in the protection zone, if they are not a cultural monument, or for which types of work on them, including the modification of timber, are excluded from the obligation to request a prior binding opinion pursuant to Article 14 (2); This obligation is always excluded when it comes to the construction, change of construction, maintenance, placement or removal of equipment, the execution of which does not interfere in any way with the external appearance of the property. The municipal authority of the municipality with extended scope may restrict or prohibit an activity in the protection zone or take other appropriate measures on the basis of the binding opinion of the authority concerned. '

footnote 14 is deleted.

12. In Paragraph 17 (2), footnote 15 is replaced by footnote 12 and footnote 15 is deleted.

13. In Article 17, the following paragraphs 5 and 6 are inserted after paragraph 4:

"(5) The change of the protection zone of a real national cultural monument, a monument reservation or a monument zone is decided by the municipal authority of the municipality with extended scope on a proposal from the regional authority which will agree in advance with the Ministry of Culture.

(6) The municipal authority of a municipality with extended competence may, following the statement of the expert organisation of state conservation, amend the final decision issued pursuant to paragraph 1 or 3 if the purpose for which the protection zone has been designated has changed and may also cancel it if the subject of protection has ceased to exist. ';

Paragraph 5 shall become paragraph 7.

14. In Section 23 (6), footnote 18 is replaced by footnote 1 and footnote 18 is deleted.

15. The following Section 23b is inserted after Section 23a, which includes the title:

„§ 23b

Land plans with archaeological findings

(1) The Region may issue, in agreement with the Ministry of Culture, a regional plan of the area with archaeological findings in the county or defined part of the region in which the territories in which archaeological findings occur or may reasonably occur and which serves to safeguard the archaeological heritage of 17a) and as a basis for fulfilling the notification requirement of the builder pursuant to § 22 (2).

(2) A plan of land with archaeological findings may be issued for a maximum period of 20 years.

(3) The plan of territories with archaeological findings may be amended if scientific knowledge of archaeological findings and their occurrence in the territory has changed significantly. Paragraph 1 shall apply mutatis mutandis to the issue of an amendment to the land plan with archaeological findings.

(4) The Archaeological Institute and the professional organisation of State Monument Care provide the county, upon request, with the necessary professional assistance and expertise, the data and information necessary for the issue of the land plan with archaeological findings.

(5) The formalities and content of the area plan with archaeological findings are laid down by the Ministry of Culture by implementing legislation. "

16. in Article 26 (2), the following point (c) is inserted after point (b), including footnote 18b:

"(c) applies an opinion on the territorial development policy and the principles of territorial development, as well as an opinion on the territorial planning documentation for the territory in which the conservation is situated, or the immovable property or a set of real estate items registered in the World Heritage List (18b), and, in relation to that territory, applies an opinion on the definition of the established territory;

18b) Convention on the Protection of World Cultural and Natural Heritage, published in the Collection of Laws under No. 159 / 1991 Coll. '

Points (c) to (j) shall be renumbered (d) to (k).

17. in Article 28 (2), the following points (c) to (e) are inserted after point (b), including footnote 19:

"(c) apply an opinion on the territorial planning documentation for the territory in which the monument zone or the real national cultural monument is situated, not including the competence of the Ministry of Culture under Paragraph 26 (2) (c), and, in relation to that territory, applies an opinion on the definition of the built-up territory;

(d) the body concerned is to ensure unforeseen findings of culturally valuable objects, details of the construction or archaeological findings that occurred during the procedure or procedure under the special legislation1), not least of the findings made in the preparation or implementation of the restoration of the cultural monument or in the preparation or execution of work in the territory in which it exercises its interest in state conservation (9);

(e) issue binding opinion (2a) on a proposal or on its own initiative as the institution concerned and provide additional supporting documents for proceedings conducted by administrations other than the State Monument Care Authorities under special legislation19) when it comes to ensuring the care of national cultural monuments;

19) For example Act No. 183 / 2006 Coll. '.

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

18. in Paragraph 28 (2) (f), the words "state building supervision" are replaced by the words "supervision."

19. in Paragraph 29 (2) (b):

"(b) ensures the conditions for comprehensive care of cultural monuments and real estates, which are not a cultural monument but are in a monument reservation, in a monument zone or in a protection zone (§ 17), and in this context issues binding opinions on a proposal or on its own initiative, as appropriate, and provides additional evidence for proceedings conducted by administrative authorities other than those of state conservation authorities under special legislation19),"

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

"(c) apply an opinion on the territorial planning documentation for the territory in which the cultural monument or protection zone is a real cultural monument, a real national cultural monument, a conservation reserve or a conservation zone, not including the competence of the Ministry of Culture pursuant to Article 26 (2) (c) or that of the Regional Office pursuant to Article 28 (2) (c), and, in relation to that territory, applies an opinion on the definition of a built-up territory."

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

21. in Paragraph 29 (2) (g):

"(g) oversees the restoration of cultural monuments and the construction, change of construction, landscaping, location or removal of equipment, removal of construction or maintenance work on real estate which is not a cultural monument but is in a monument reservation, in a monument zone or in a protection zone (§ 17) from the point of view of state conservation care 1),"

footnote 20 is deleted.

22. in Paragraph 32 (2), the words "and at the same time as the data provider pursuant to a special legislature1" shall be added at the end of the text in point (c).

23. in Article 35 (1) (h), the words "building change" shall be replaced by the words "change of construction, landscaping, location or removal of equipment, removal of construction, modification of timber," and the words "not to exclude the obligation of the owner (administrator, user) to seek a binding opinion (§ 17) shall be added at the end of the text (h)."

24. in Paragraph 39 (1) (g), the words "building change" shall be replaced by the words "change of construction, landscaping, location or removal of equipment, removal of construction, modification of timber," and the words "not to exclude the obligation of the owner (administrator, user) to seek a binding opinion (§ 17) shall be added at the end of the text (g)."

25. the following Article 44a is inserted after Article 44:

„§ 44a

A binding opinion pursuant to Paragraph 14 (1) and (2), if issued by a State Monument Care Body in a case which the Building Office is not competent to decide pursuant to a special legislation (1), is a separate administrative decision, otherwise it is an act of the Building Office's management body concerned. Opinions applied to territorial development policy and planning documentation are not an administrative decision. '

26. in Article 45 (1), the words "Article 23b (5)" shall be inserted after the words "Article 20 (4)."

27. in Paragraph 45 (2) (a), "5" is replaced by "7."

ČÁST DRUHÁ

Amendment of copyright law

Čl. II

In Article 3 (a) of Act No. 121 / 2000 Coll., on copyright law, on copyright law and on the amendment of certain laws (copyright law), the words "measures of a general nature," shall be inserted after the word "decision."

ČÁST TŘETÍ

Amendment to the Public Health Protection Act

Čl. III

Act No. 258 / 2000 Coll., on the protection of public health and on the amendment of certain related laws, as amended by Act No. 254 / 2001 Coll., Act No. 274 / 2001 Coll., Act No. 13 / 2002 Coll., Act No. 76 / 2002 Coll., Act No. 86 / 2002 Coll., Act No. 120 / 2002 Coll., Act No. 309 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 274 / 2003 Coll., Act No. 125 / 2005 Coll., Act No. 253 / 2005 Coll., Act No. 362 / 2005 Coll., Act No. 392 / 2005 Coll., Act No. 326 / 2004 Coll., Act No. 562 / 2004 Coll., Act No. 125 / 2005 Coll.

1. In Article 41 (3), the words "as well as measures to prevent and reduce risks related to exposure to asbestos' shall be inserted after the words" groups 2 to 4 '.

2. In Paragraph 80 (1), at the end of point (p), the dot is replaced by a comma and the following point (r) is added:

"(r) applies an opinion on a territorial development policy in terms of public health protection, including the assessment and management of health risks.";

3. in Paragraph 82 (2), the following point (j) is inserted after point (i):

"(j) to use opinions on the territorial planning documentation with regard to the protection of public health, including the evaluation and management of health risks,";

Points (j) to (u) shall be renumbered as points (k) to (v).

4. In Paragraph 94, the following sentence is added at the end of paragraph 1: "Opinions applicable to territorial development policy and planning documentation are not an administrative decision. Opinions issued under this Act as a basis for a decision under a specific law or territorial agreement or a declaration of construction are a binding opinion under the Administrative Rules (56a) and are not a separate administrative decision. '

Footnote 56a reads:

"56a) § 149 (1) of Act No. 500 / 2004 Coll., Administrative Regulation. '

ČÁST ČTVRTÁ

Amendment of the spa law

Čl. IV

Act No. 164 / 2001 Coll., on Natural Medical Resources, Natural Mineral Water Resources, Natural Spa and Spa Points and on the amendment of certain related laws (Spa Act), as amended by Act No. 76 / 2002 Coll., Act No. 320 / 2002 Coll. and Act No. 444 / 2005 Coll., is amended as follows:

1. In Paragraph 33 (3), the word "building 'is replaced by" expropriation'.

footnote 6:

"6) Act No. 184 / 2006 Coll., on the withdrawal or restriction of property rights to land or construction (Expropriation Act)."

2. Paragraph 37, including the title and footnotes No 22, 23 and 23a, reads as follows:

„§ 37

Binding opinion on certain activities

(1) In the protection zones and within the spa area, the Ministry of Territorial Development and Planning Policy and Territorial Management (22) is the authority concerned.

(2) In the source protection zone and in the territory of the spa site, unless otherwise specified, it is not possible, under special legislation23) without binding opinion of the Ministry

(a) approve the main river basin management plan, the river basin management plan and the water and sewage development plans;

(b) to authorise mining or mining activities carried out in a mining manner where they are linked to interference with the land;

(d) to issue land adjustment decisions and to issue land under replacement restitutions;

(e) issue a permit for the treatment of groundwater under special legislation 23a);

(f) issue a permit for the treatment of surface water, a permit for water works and certain activities and give consent to the water authority if it is not related to the structures referred to in paragraph 3 (b);

(g) approve forest economic plans and submit forest economic curricula.

(3) In the protection zone of the source and within the territory of the spa site, unless otherwise specified, the decision to change the use of the construction site, the permit to remove the building, landscapes and equipment or the regulations for the removal of the building, landscapes and equipment may not be adopted in accordance with the special legislation (22), unless it has been applied within the time limit laid down by the special legislation.

(a) construction, changes to buildings, landscaping, equipment and maintenance of buildings in the inner territory of the spa site and in the protection zone of the first stage, except for construction works, in which the external floor and height limits of the building are maintained and there is no change in the use of the building;

(b) construction, changes in construction, landscaping, equipment and maintenance of buildings in the external territory of the spa site and in the protection zone of stage II, with the exception of those which comply with the zoning documentation and which at the same time:

1. do not require a decision on the location of the building or territorial agreement;

2. do not require a building permit or notification;

3. require notification;

4. have the character of buildings for living, buildings for recreation, buildings for collecting more people, buildings for business, buildings for accommodation, school buildings, preschool, school and physical facilities, and at the same time do not interfere more than 6 metres below ground level;

5. have the character of liner structures and at the same time do not interfere more than 2 metres below ground level;

(4) Geological work linked to the encroachment of land may not be carried out in the protection zones without a binding opinion from the Ministry.

(5) The Water Authority shall exercise the powers laid down in paragraphs 2 to 4 in the conservation zones of resources the yield of which is only unsafe water.

(6) In the protection zones and within the spa area, the binding opinion of the Ministry referred to in paragraph 2 (b), (c), (e) and (f) and paragraphs 3 and 4 shall not be issued under this Act if it is replaced by an integrated authorisation procedure under the Integrated Pollution Prevention and Control Act, the Integrated Pollution Register and the amendment of certain laws (Integrated Prevention Act). This is without prejudice to the other provisions of this law.

22) Act No. 183 / 2006 Coll., on Territorial Planning and Construction Regulations (Construction Act).

23) For example, Act No. 289 / 1995 Coll., on Forests and amending and supplementing certain laws (Forest Act), as amended, Act No. 44 / 1988 Coll., on the Protection and Use of Mineral Wealth (Mining Act), as amended, Act No. 61 / 1988 Coll., on Mining Activities, Explosives and on State Mining Administration, as amended, Act No. 254 / 2001 Coll., on Water and on the Amendment to Certain Laws (Water Act), as amended.

23a) § 8 to 13 of Act No. 254 / 2001 Coll., on Water, as amended. '

3. In Paragraph 38, the word "consent 'is replaced by" binding opinion'.

4. In Paragraph 43, the following sentence is added at the end of paragraph 2: "Opinions applicable to territorial development policy and planning documentation are not administrative decisions. Consent and opinions issued under this Act as a basis for a decision under a specific law or territorial agreement or declaration of construction shall be a binding opinion under the Administrative Rules 25a) and shall not be a separate administrative decision. ';

Footnote 25a:

"25a) § 149 (1) of Act No. 500 / 2004 Coll., Administrative Regulation. '.

ČÁST PÁTÁ

Amendment of the Fire Protection Act

Čl. V

Act No. 133 / 1985 Coll., on Fire Protection, as amended by Act No. 425 / 1990 Coll., Act No. 40 / 1994 Coll., Act No. 203 / 1994 Coll., Act No. 163 / 1998 Coll., Act No. 71 / 2000 Coll., Act No. 237 / 2000 Coll., Act No. 320 / 2002 Coll. and Act No. 413 / 2005 Coll., is amended as follows:

1. In Paragraph 24 (2), the words "buildings and 'are deleted.

2. In Article 24, the following paragraph 3 is added:

"(3) The Ministry shall, by means of implementing legislation, lay down the technical conditions for fire protection for the design, construction or use of buildings, in order to limit the development and spread of fire and smoke in the building, to limit the spread of fire to neighbouring buildings, to evacuate persons and animals in the event of a fire hazard or to allow effective and safe intervention of fire protection units. For more detailed definition of these conditions, the values and procedures established by the Czech technical standard or other technical document governing the conditions of fire protection of buildings may be used. '

3. Paragraph 31 (3), including footnote 3f, reads:

"(3) State fire surveillance as referred to in paragraph 1 (b) and (c) shall not be carried out on buildings which do not require building permits or declarations. In the case of notified structures under special legislation (3f), state fire surveillance shall be carried out:

(a) in the case of underground buildings the built-in area of which does not exceed 300 m2 and a depth of 3 m;

(b) in the case of buildings the built-up area of which does not exceed 300 m2 and the height of 10 m and in the case of buildings of halls of not more than 1000 m2 and not more than 15 m, provided that they are not enclosed with a maximum of one above-ground floor and are authorised as temporary buildings for a maximum period of three years;

(c) in the case of modifications to the use of a part of the construction which does not interfere with the structure, its appearance does not change and does not require an environmental impact assessment;

(d) in the case of maintenance work on the construction site, if they can adversely affect fire safety,

(e) a change in the use of the building for which the approval or decision of the construction office is required under the special legislation of 3f.

3f) Act No. 183 / 2006 Coll., on Territorial Planning and Construction Regulations (Construction Act). '.

4. At the end of § 95, the sentence "Opinions applied to territorial development policy and planning documentation are not an administrative decision. Opinions issued under this Act as a basis for a decision under a specific law or territorial agreement are a binding opinion under the Administrative Rules (11) and are not a separate administrative decision. ';

footnote 11:

"11) § 149 (1) of Act No. 500 / 2004 Coll., Administrative Order."

5. Paragraph 99, including footnote 12, reads:

„§ 99

Authorised engineer or technician who has been authorised for fire safety by building 12) (hereinafter referred to as "authorised person") shall be entitled to apply a procedure different from that laid down by the Czech technical standard or other technical document governing the conditions of fire protection when implementing the technical conditions for fire protection laid down in the implementing legislation issued pursuant to Article 24 (3). However, when using such a procedure, the authorised person shall achieve at least the same result as would have been achieved by the procedure under the implementing legislation issued pursuant to Paragraph 24 (3).

12) Act No. 360 / 1992 Coll., on the pursuit of the profession of authorized architects and the pursuit of the profession of authorized engineers and technicians active in construction, as amended. '

Čl. VI

Transitional provisions

1. The exercise of state fire control pursuant to § 31 (1) (b) and (c), initiated prior to the application of this Act, shall be completed in accordance with existing legislation.

2. Opinions issued pursuant to Paragraph 31 (4) before the application of this Act remain in force for the purposes of the construction procedure under special legislation (3f) within 2 years of the entry into force of this Act.

3. After the entry into force of this Act, the verification of compliance with the conditions laid down in § 31 (1) (c), as a general rule, associated with the local investigation shall determine whether the construction complies with the requirements resulting from the fire safety solution, the conditions resulting from the building permit and the opinions issued on this dossier prior to the application of this Act.

(4) The procedure and time limits referred to in points 1 to 3 shall be without prejudice to the requirements for construction products laid down by specific legislation13).

5. In the case of buildings not subject to state fire control pursuant to Paragraph 31 (3), the construction office shall proceed with the assessment of the fire safety of the buildings which began before the entry into force of this Act in accordance with paragraphs 1 and 2; if the construction office has requested the technical assistance of the body carrying out the state fire surveillance before the entry into force of this Act in order to assess the fire safety of the buildings, points 1 and 2 shall be followed.

ČÁST ŠESTÁ

Amendment of the Integrated Rescue System Act

Čl. VII

Act No. 239 / 2000 Coll., on the Integrated Rescue System and on the amendment of certain laws, as amended by Act No. 320 / 2002 Coll. and Act No. 20 / 2004 Coll., is amended as follows:

1. in Article 7 (2), the following point (h) is inserted after point (g):

"(h) implement an opinion on a territorial development policy in terms of population protection and civil emergency planning in emergency preparation;"

Points (h) to (j) shall be renumbered (i) to (k).

2. In Article 7 (7), the comma at the end of point (h) is replaced by a dot and point (i) is deleted.

3. In Paragraph 10, the dot is replaced by a comma at the end of paragraph 5 and the following point (j) is added:

"(j) implement an opinion on the principles of territorial development in terms of population protection and civil emergency planning in emergency preparation.";

4. In Paragraph 12, at the end of paragraph 2, the dot is replaced by a comma and the following point (i) is added:

"(i) implement opinions on territorial plans and regulatory plans in terms of their competence in fire protection, an integrated rescue system and the protection of the population in emergency preparation.";

5. Paragraph 15 (5) reads as follows:

"(5) The municipal authority shall be the body concerned with regard to the protection of the population in deciding on the placement and authorisation of buildings, changes in structures and changes in the use of structures, the removal of buildings and decisions on the authorisation and removal of landscapes and equipment. ';

6. In Paragraph 33, the following sentence is added at the end of paragraph 1: "Opinions applicable to territorial development policy and planning documentation are not administrative decisions. Opinions issued under this Act as a basis for a decision under a specific law or territorial agreement or declaration of construction are a binding opinion under the Administrative Rules (25a) and are not a separate administrative decision. ';

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Regulation Information

Citation	Act No. 186 / 2006 Coll., on the amendment of certain laws related to the adoption of building and expropriation laws
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	11.05.2006
Effective from	01.01.2007
Effective until	-
Status	Valid

The regulation text is for informational purposes only.