Full text of Act No. 197 / 1998 Coll.

Act on Territorial Planning and Construction Regulations (Construction Act) - (Full text as resulting from subsequent amendments and additions)

Valid Declared full text
Text versions: 11.08.1998
197
_
Announces
the full text of Act No. 50 / 1976 Coll., on Territorial Planning and Construction Regulations (Construction Act), with amendments and additions made by Act No. 103 / 1990 Coll., Act No. 425 / 1990 Coll., Act No. 262 / 1992 Coll., Act No. 43 / 1994 Coll., Act No. 19 / 1997 Coll. and Act No. 83 / 1998 Coll.
THE LAW
on zoning and construction rules
(Construction Act)
The Federal Assembly of the Czechoslovak Socialist Republic decided on this law:

ČÁST PRVNÍ

TERRITORIAL PLANNING

ODDÍL 1

OBJECTIVES AND TASKS OF TERRITORIAL PLANNING
§ 1
(1) Territorial planning shall continuously and comprehensively address the functional use of the territory, establish the principles of its organisation and coordinate, in substance and in time, the construction and other activities affecting the development of the territory.
(2) Territorial planning creates the preconditions to ensure the continued consistency of all natural, civilising and cultural values in the territory, in particular with regard to environmental care and the protection of its main components - soil, water and air.
§ 2
(1) Territorial planning includes the following tasks and activities:
(a) establish limits on land use;
(b) regulates the functional and spatial layout of the territory;
(c) determine the necessary sanitation, reconstruction or reclamation interventions into the territory and determine the method for its further use;
(d) define protected areas, protected areas, peace zones and protection zones, unless otherwise established under specific regulations, and ensure the protection of all protected areas, protected areas, peace zones and protection zones;
(e) determine the principles and conditions for the physical and temporal coordination of locally concentrated construction of one or more construction works;
(f) assess and evaluate the territorial technical consequences of the buildings and other measures in preparation in the territory and propose the necessary scope of the buildings and measures which make their full use conditional on their use;
g) Solves the location of the buildings, sets out territorial technical, urban and architectural principles for their design and implementation;
h) proposes the use of resources and reserves of the territory for its most socially effective urban development;
(i) provide documentation for the design of construction concepts and technical equipment of the territory;
j) proposes the order of construction and use of the territory;
(k) propose the technical and organisational measures necessary to achieve the optimal layout and use of the territory.
(2) Territorial planning is based on the knowledge of natural, technical and social sciences, on the own surveys and analyses of the area under consideration, as well as on other materials which have been processed for the area under consideration.
(3) The basic instruments of zoning are zoning documentation, zoning documentation and territorial decisions.

ODDÍL 2

TERRITORIAL PLANTS
§ 3
Types of land planning material
(1) Territorial planning documents are used in particular for the processing or modification of the planning documents and, if not processed, for territorial decision-making and for monitoring the development and evaluation of the state and possibilities of development of the territory.
(2) The planning documents shall consist of:
(a) urban studies which address the territorial technical, urban and architectural conditions of use of the territory;
(b) territorial generel which addresses in detail the issues of the territorial development of the various components of the settlement and landscape;
(c) a territorial forecast to examine the possibilities of long-term development of the territory on the basis of an analysis of the territorial technical conditions, the state of the environment of the territory, demographic and sociological bases and economic assumptions of the development of the territory;
(d) the geographical technical documents which are the dedicated and continuously complementary sets of data characterising the state and conditions of the territory.
§ 4 až 7
cancelled

ODDÍL 3

TERRITORIAL PLAN DOCUMENTATION
§ 8
The planning documentation shall consist of:
(a) a territorial plan for a large territorial unit;
(b) the territorial plan of the municipality;
(c) the regulatory plan.
§ 9
Territorial plan of the large territorial unit
(1) The territorial plan of the large territorial unit sets out the arrangements and limits of the territory to be addressed, defining significant development areas, main transport corridors and technical infrastructure, territorial environmental stability systems and other areas of special interest.
(2) The territorial plan of a large territorial unit is processed for a defined territory by several municipalities or counties, as appropriate.
§ 10
Regional plan of the municipality
(1) The urban planning of the municipality sets out the urban concept, addresses the permissible, inadmissible and, where appropriate, conditional functional use of the areas, their layout, the basic regulation of the territory and the limits of the stoppable territory of the municipality. The territorial plan of the municipality shall indicate the boundaries of the concurrently built territory of the municipality.
(2) The territorial plan of the municipality shall be drawn up for the entire territory of the municipality or, in agreement with the authorising authorities, jointly for the territory of several municipalities; may be processed for a defined part of the territory of the capital city of Prague and territorial subdivided statutory cities.
§ 11
Regulatory plan
(1) The regulatory plan provides for the use of individual land and identifies the regulatory elements of the area and spatial arrangement. Where the territorial plan of the municipality is not approved for the area concerned, the regulatory plan shall establish the boundaries of the stoppable territory and indicate the boundaries of the concurrently built territory of the municipality.
(2) The regulatory plan shall be drawn up for a part of the territory of the municipality or for the whole territory of the municipality with clear territorial technical and urban conditions.

ODDÍL 3a

TERRITORIAL PLANNING AUTHORITIES
§ 12
The zoning authorities are:
(a) municipalities,
(b) district authorities;
(c) Ministry of Regional Development,
(d) Ministry of Defence.
§ 13
The municipality shall procure for its territory a territorial plan of the municipality, regulatory plans and zoning documents.
§ 14
(1) District Office
(a) exercise the authority of the superior territorial planning body for the municipality;
(b) ensure, at the request of the municipality, the acquisition of the local plan and the regulatory plan;
(c) procure the zoning documents necessary for its activities.
(2) Ministry of Regional Development
(a) procure territorial plans for large territorial units;
(b) procuring land-use planning documents; the geographical technical documents regularly verifying the state and intentions of the layout of the territory for the whole territory of the Czech Republic,
c) exercise the authority of a superior planning body for the capital city of Prague, for the cities of Brno, Ostrava, Plzeň and for the district authorities.
§ 15
The Ministry of Defence procures zoning documentation and zoning documentation on the territory of military depots.

ODDÍL 4

ORDER OF TERRITORIAL PLAN DOCUMENTATION
§ 16
repealed
§ 17
(1) The zoning authorities are obliged to procure zoning documentation in accordance with the needs of the development of the territory.
(2) The acquisition of the planning documentation shall be decided on its own initiative or otherwise by the authority responsible for approving it.
§ 18
repealed
§ 19
Cost of acquisition
The costs associated with the acquisition of the zoning documentation shall be borne by the zoning authority which procures it. However, the zoning authority may require partial or full reimbursement of the costs of acquiring the zoning documentation from legal persons or natural persons operating under special rules whose sole need was to obtain the zoning documentation.
§ 20
Entries
(1) The zoning authority which procures the zoning documentation, hereinafter referred to as "the acquirer," shall propose its main objectives and requirements for its preparation in the award on the basis of preparatory work, evaluation of documents processed for the territory and surveys and analyses of the territory.
(2) Instead of and on the date on which the proposal for the award of the zoning documents is discussed, the acquirer shall notify by a public decree. The proposal for the award of the zoning documentation must be made available to the customer or to others in the order of those places for 30 days for public consultation. Within 15 days of the last day of exposure, everyone may apply their incentives.
(3) The draft award shall always be sent individually by the purchaser to the authorities concerned. Those authorities shall make use of their opinions within 30 days of receipt of the proposal. Opinions submitted after that period shall not be taken into account. The draft award shall be agreed with the authorities concerned, which have made their views known within the time limit set.
(4) The procuring entity shall always inform the zoning authorities of neighbouring territorial districts of the designation of the zoning documentation and shall inform them of the continued procurement of the zoning documentation on the basis of their requirements.
(5) A proposal for the award of a major territorial unit zoning plan shall always be sent by the purchaser individually to the municipalities concerned, which may submit comments within 30 days of receipt.
(6) The proposal for the award of the municipal zoning plan and the regulatory plan must be discussed with the superior zoning authority.
(7) The draft award shall be approved by the authority which shall approve the planning documentation.
Negotiations
§ 21
Concept
(1) On the basis of the approved assignment of the zoning documentation, the acquirer shall ensure that the concept of the zoning documentation is processed.
(2) The concept of the solution is discussed at a public hearing. It shall include an expert interpretation provided by the purchaser. The procuring entity shall notify the place and duration of the public meeting by means of a public order at least 30 days in advance and shall ensure that the concept of a solution is subject to public consultation within that period. The public authorities concerned and the superior spatial planning body shall notify the customer of the public meeting individually within the same time limit and invite them to make their views known no later than 30 days after the date of the public meeting. Any person may make comments within the same time limit. The opinions and comments submitted after this deadline shall not be taken into account.
(3) A public consultation notice shall be sent by the purchaser to each municipality concerned, who may object within 30 days of the date of the public meeting, when discussing the concept of a solution to the large territorial area plan.
(4) The owners of land and buildings whose rights are affected by the concept of the solution to the regulatory plan, the municipal zoning plan and the public utility buildings defined in the concept of the resolution of the zoning plan of the large zoning unit may object within 30 days of the public meeting. Opposition received after those time limits shall not be taken into account.
(5) On the basis of the results of the discussion of the concept of the solution, the purchaser shall prepare a comprehensive opinion with instructions for completing the design of the planning documentation. The comprehensive opinion shall be agreed with the authorities concerned which have made their views known within the time limit set. The acquirer shall submit them, together with the comments of the superior zoning authority, for approval (§ 26). The draft decision on the objections submitted shall form part of the comprehensive opinion. Within 30 days of the approval of the comprehensive opinion, the purchaser shall inform the Municipality and the owners of the opposition that the opposition has been granted or the grounds for which the opposition has not been granted.
(6) The design of the urban planning and the regulatory plan may be waived at the time of approval of the award on a proposal from the purchaser if the solution has been verified by an urban study discussed in accordance with paragraphs 2 and 4. The concept of a solution to a large territorial unit's spatial plan may be waived at the time of approval of the award, if the solution has been verified by a territorial forecast discussed in accordance with paragraphs 2, 3 and 4. In such cases, the award shall fulfil the functions of the comprehensive opinion referred to in paragraph 5.
§ 22
Proposal
(1) The draft zoning documentation shall be drawn up at the customer's premises or at other designated places for 30 days for public consultation, which shall be notified by the customer by a public order. Within 15 days of the last date of issue of the proposal, everyone may make comments.
(2) The purchaser shall inform the public authorities concerned in writing of the issue of the proposal at least 15 days before the date of issue. These authorities may make use of their opinion within 15 days of the last date of issue of the draft. The draft zoning documentation shall be agreed by the acquirer with the authorities concerned which have made their views known within the time limit set. Dispute resolution shall be carried out in accordance with Paragraph 136.
(3) The notification of the issue of the draft spatial plan of a large territorial unit shall be sent by the purchaser to each municipality concerned 15 days before the date of issue. The municipality may object to a proposal or disagree with the execution of its objections submitted to the concept of a solution within 30 days of the last day of issue.
(4) The owners of the land and buildings concerned may, within 15 days of the last day of issue of the proposal, object or disagreement with the execution of their objections submitted to the concept of a solution, apply to the draft regulatory plan, the municipal zoning plan and the definition of public utility structures in the proposal for a large zoning plan.
(5) Where the public authorities concerned do not deliver their opinion within the time limit referred to in paragraph 2, the customer shall invite them to fulfil this obligation. If, within 15 days of receipt of the call, the customer does not receive the opinion of the government body concerned, he shall not object to the proposal for a territorial planning dossier.
§ 23
(1) The acquirer shall submit to the authorising authority a report on the discussion of the zoning documentation, together with an evaluation of all the opinions and comments and a proposal for a decision on objections and objections.
(2) Communists and owners who have objected to a proposal for a territorial planning dossier or disagreement with the execution of their objections to the concept of a solution shall inform the customer within 30 days of approval that they have been granted or the reasons for which they have not been granted.
§ 24
repealed
§ 25
(1) The proposal for a local spatial plan and a regulatory plan shall be assessed by a superior spatial planning body before approval in view of compliance with the content of the proposal and the procedure for its consultation with this law and with other legislation1), including verification of compliance
(a) the municipal territorial plan with the territorial plan of the large territorial unit;
(b) a regulatory plan with a municipal territorial plan and a large territorial plan.
(2) The result of the assessment shall be communicated to the customer within 30 days by the superior spatial planning body. In the event that it finds deficiencies in the aspects referred to in paragraph 1, the territorial plan of the municipality or the regulatory plan may only be approved on the basis of confirmation by the superior spatial planning authority that the identified deficiencies have been remedied by the acquirer.
(3) If the superior authority does not deliver its opinion within the time limit referred to in paragraph 2, it shall agree to the dossier under consideration.

ODDÍL 5

APPROVAL OF TERRITORIAL PLAN DOCUMENTATION
§ 26
(1) The territorial plans of large territorial units are approved by the Ministry of Regional Development.
(2) The municipal territorial plans and regulatory plans for their territories are approved by the municipality.
(3) Territorial planning documentation on the territory of military exits is approved by the Ministry of Defence.
(4) The Government may reserve the approval of the zoning documentation referred to in paragraphs 1 and 3.
§ 27
repealed
§ 28
General rules on administrative procedures shall not apply to the examination and approval of planning documentation and planning documents.

ODDÍL 6

OBLIGATIONS OF TERRITORIAL PLAN DOCUMENTATION
§ 29
(1) The zoning documentation contains binding and indicative parts of the solution. The basic principles of the layout of the territory and the limits on its use, expressed in regulations, are binding; other parts of the solution are directional.
(2) The authorising authority shall define a binding part of the territorial planning documents, including public utility buildings, for which land, buildings and rights to land may be expropriated [Article 108 (2) (a) and (3)].
(3) A binding part of the territorial plan of the large territorial unit and its amendments are announced by the Ministry of Regional Development by publishing their full text in the Collection of Laws by means of a communication. A binding part of the municipal zoning plan and the regulatory plan shall be declared by the municipality by a generally binding decree. The binding part of the zoning documentation is a binding basis for the processing and approval of subsequent zoning documentation and for decision-making within the territory.
§ 30
The zoning authority which has acquired the zoning documentation shall continuously monitor whether the conditions under which the zoning documentation was approved have changed. Where these conditions are changed, the zoning authority shall arrange for the zoning documentation to be amended. In doing so, it must take account of the use of the previously established standstill area. The zoning authority shall bring the municipality's territorial plan into line with the subsequently approved zoning plan or the regulatory plan with the later approved zoning plan and the major zoning plan. Until then, it is not possible to decide on those parts of the subsequent zoning documentation that are contrary to the subsequently approved zoning documentation.
§ 31
(1) The amendment of the binding part of the zoning documentation is authorised by the authority which approved the original zoning documentation.
(2) On a proposal from the acquirer, the authorising authority shall authorise the acquisition of amendments to the planning documents, their award and the procedure for their acquisition. In justified cases, it may combine the processing and discussion of the concept of solutions and the design of changes to the planning documentation. The content of the award, the concept and the proposal for amendments to the land planning documents, as well as their discussion, are adequately covered by the provisions of Sections 20 to 29. Before approving changes to the local spatial plan or the regulatory plan, the acquirer shall always seek the opinion of the superior spatial planning body.
(3) The modification of the indicative part of the zoning documentation shall be decided by the authority which acquired the zoning documentation.

ODDÍL 7

TERRITORIAL PROCEDURE
§ 32
Location of buildings, land use and protection of important interests in the territory
(1) The location of buildings, the change of use of the territory and the protection of important interests in the territory may be based only on a territorial decision which is:
(a) the decision on the location of the building;
(b) the land use decision;
(c) a decision on the protected territory or the protection zone;
(d) the decision on the building closure;
(e) the decision to divide or consolidate the land.
(2) Territorial decisions do not require:
(a) construction and maintenance work;
(b) small buildings,
(c) buildings located in enclosed spaces of existing buildings, unless the external floor area and the height of the space are changed;
(d) information, advertising and promotion equipment;
(e) the division or formation of the parcels, provided that the conditions for them are laid down in another decision or measure.
(3) Territorial proceedings for the location of a simple construction or its extension or superstructure and the construction of civil engineering distribution systems may be merged with the construction process in cases where the conditions of location are unambiguous due to the circumstances within the territory; for other structures and their changes, this can only be done if a zone or zone or regulatory plan is approved for the territory concerned.
§ 33
Jurisdiction
(1) The building office is responsible for the territorial management.
(2) Where there is a territorial procedure for a decision on the use of a territory or a protected territory or a protection zone, competent under special rules, by a public authority other than that referred to in paragraph 1, that authority shall agree on a draft decision or measure with the construction office.
(3) The municipality, which is a building office, and the district office may declare a protected area and a building closure by a generally binding legislation.
§ 34
Participants to the zoning proceedings
(1) A party to the territorial proceedings for the location and use of the land is the applicant and persons whose property or other rights to land or buildings, including neighbouring land and buildings, may be directly affected by the decision.
(2) The parties to the territorial proceedings concerning the protected territory or the protection zone, the building closure and the division or consolidation of the land are the applicant and persons whose property or other rights to land or buildings may be directly affected by the decision.
(3) The municipality and those to whom the special law confers that status are a party to each territorial proceeding. (1b)
(4) The parties to the zoning proceedings are not tenants of flats and non-residential premises.
Opening of the territorial proceedings
§ 35
(1) Territorial proceedings shall be initiated on the basis of a written application by a participant, at the initiative of a building office or another public authority. The application shall be accompanied by the documentation provided for in the implementing provisions of this Law and, where appropriate, by the documents provided for in the specific provisions. The application shall include a list of persons who are eligible as parties and are known to the appellants.
(2) Where the proposed construction or other measure in the territory exceeds the limit values laid down by the legislation, the applicant shall also submit a proposal for a decision on the protection zone.
(3) If the proposal submitted does not provide sufficient basis for assessing the location of the proposed construction or other measure in the territory (Section 32), in particular environmental effects, the construction office shall invite the applicant to complete the proposal within a reasonable period of time, but not more than 12 months, with the necessary data or supporting documents, and shall inform it that it will otherwise suspend the territorial proceedings. If the applicant fails to complete the application for a territorial decision by the required means within the prescribed time limit, the construction office shall suspend the territorial proceedings. The time limit for the interruption of the territorial procedure may not be extended by a further decision.
§ 36
(1) The Building Office shall notify the authorities concerned and all known participants of the opening of the zoning procedure and shall order oral negotiations, as a general rule, linked to the local investigation. The site and the day of oral proceedings, or local inquiries, shall be communicated by the building office to its participants at least 15 days in advance. At the same time, they shall notify the parties that they may make their objections and comments at the latest at oral hearing, otherwise they shall not be taken into account.
(2) An oral hearing may be waived by the construction office if the territorial planning documentation is drawn up for the territory, on the basis of which the proposal for a territorial decision can be assessed. If the construction office leaves the oral hearing, it shall set a time limit within which the participants may object and inform them that the objections submitted subsequently will not be taken into account; that period shall not be less than 15 days.
(3) The authorities concerned shall communicate their views within the same time limit within which they may make their comments and objections to the parties to the territorial proceedings. If one of the public authorities needs a longer period of time to properly assess the proposal, the construction office shall extend the deadline for its application accordingly before its expiry. If the State administration concerned, whose decision or measure required by the special regulation has been obtained on the proposal before the announcement of the opening of the zoning procedure, fails to deliver an opinion on the proposal within a specified or extended period, it shall, in view of its public interests, agree to the construction or other measure in the territory.
(4) The opening of a territorial procedure for the location of a line construction or, where justified, particularly large buildings with a large number of parties, as well as a territorial procedure for the use of the territory, the protected area and the protection zone, or a building closure, if large areas are concerned, shall be notified by a public decree to the parties to the territorial proceedings. The construction office shall notify the opening of the zoning procedure by a public decree even if the parties or their residence are not known to it.
Documentation of the zoning decision
§ 37
(1) The territorial planning documentation is the basis for a territorial decision. Where the territorial planning documentation has not been drawn up for the territory, the construction office shall provide other supporting documents to the extent necessary for the territorial decision, such as the territorial planning documents, the facts established by its own survey and the local inquiry.
(2) The zoning authority will examine the proposal in particular in terms of environmental care and the needs of the required action in the territory and its consequences. examine the proposal and its consistency with the supporting documents referred to in paragraph 1 and the previous territorial decisions, assess whether it complies with the general technical requirements for construction and general technical requirements for the use of buildings by persons with reduced mobility, 1a), where appropriate, with provisions laying down the conditions of hygiene, fire safety, labour safety and technical equipment, transport, nature conservation, cultural heritage care, protection of the agricultural land fund, forestry fund, etc., unless the assessment is attributable to other bodies.
(3) The building office in the territorial proceedings will ensure that the opinions submitted by the authorities concerned are consistent with those required by specific rules and will assess the observations of the parties and their objections. With the public authorities concerned whose decision or measure on the submitted proposal has been taken before the notification of the opening of the zoning procedure, the construction office shall limit the examination of the proposal to the extent that their requirements have been met.
§ 38

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Regulation Information

CitationFull text of Act No. 197 / 1998 Coll., Act on Territorial Planning and Construction Regulations (Construction Act) - (Full text as follows from later amendments and additions)
Regulation TypeDeclared full text
Author-
CollectionCode of Laws
Date of Promulgation11.08.1998
Effective from-
Effective until-
Status Valid
The regulation text is for informational purposes only.
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