Act No. 197 / 2022 Coll.
Law on Special Procedures in the Field of Urban Planning and Construction Regulations in the context of armed conflict in the territory of Ukraine caused by the invasion of Russian troops
Valid
Law
Effective from 01.07.2022
Text versions:
01.07.2022
30.06.2022
Contents
197
THE LAW
of 24 June 2022
on specific procedures in the field of zoning and construction in connection with armed conflict in the territory of Ukraine caused by the invasion of Russian troops
Parliament has decided on this law of the Czech Republic:
INTRODUCTORY PROVISIONS
Subject matter
(1) The Act provides for specific procedures in the field of spatial planning and construction rules in the deployment, authorisation and implementation of structures to mitigate the consequences of mass inflows of displaced persons in connection with armed conflict in Ukraine due to the invasion of Russian forces.
(2) Save as otherwise provided for in this law, the provisions of other legislation governing the procedures for the establishment, authorisation and implementation of buildings shall be applied.
Necessary construction
(1) The necessary construction is the construction to mitigate the consequences of the mass influx of displaced persons in connection with the armed conflict in the territory of Ukraine caused by the invasion of Russian troops in the
(a) construction or a set of buildings for housing or accommodation, education, education and education, health or social services and related technical and transport infrastructure structures;
(b) a change in the purpose of the use of the construction, subject to a change in the finished construction which requires a declaration or a building permit; or
(c) the modification of the completed construction.
(2) The necessary construction referred to in paragraph 1 shall not be the construction or assembly of structures, the change in purpose of use or the modification of the completed construction subject to environmental impact assessment under the Environmental Impact Assessment Act.
(3) The necessary construction is a temporary construction, the duration of which may not exceed 3 years from the date of the acquisition of the legal effects of the joint territorial consent and consent to the implementation of the announced construction project pursuant to § 96a of Act No. 183 / 2006 Coll., on zoning planning and construction regulations (Construction Act), as amended.
(1) The construction work necessary for the construction is the Czech Republic or its contributory organisation, state enterprise, state organization, region, municipality or legal entity established by them.
(2) Only the person referred to in paragraph 1 may be the owner of the necessary construction. Where, in accordance with the procedure laid down in Paragraph 14, the necessary construction is to be converted into permanent construction, it may be transferred for a period of 5 years from the date of the acquisition of legal power to the persons referred to in paragraph 1 only if the construction is necessary.
SPECIFIC PROCEDURES FOR TERRITORIAL PLANNING
Exemption decision
(1) The necessary construction can only be located in accordance with the planning documentation or on the basis of an exemption decision.
(2) At the request of the builder, the council of the municipality and in the municipalities where the council of the municipality is not elected, the council of the municipality may decide on an exemption from those provisions of the zoning plan or the regulatory plan which make it impossible to place the necessary construction on the land in the built-up area, the standstill area or the area of conversion in areas with the existing or desired use of housing, recreation, civil equipment, public spaces, mixed housing, production and storage and mixed production.
(3) The representative of the municipality may reserve an exemption decision instead of a council of the municipality.
(4) The exemption decision shall contain, in addition to the general requirements laid down in the administrative rules:
(a) the designation of the zoning documentation concerning the derogation;
(b) the determination of the extent of the parts of the zoning documentation not applicable to the location of the necessary construction; and
(c) the type and purpose of the necessary construction.
(5) An appeal against the exemption decision is not admissible. The exemption decision shall be valid for the duration of the necessary construction.
MINIMUM TECHNICAL REQUIREMENTS FOR NON-CONSTRUCTION
When carrying out the necessary construction, the builder may deviate from
(a) § 20 paragraphs 1 and 2, § 20 paragraph 5 (a), § 20 paragraph 7 and § 21, 22 and 24 of Decree No. 501 / 2006 Coll., on general requirements for the use of the territory, as amended,
(b) Sections 5 and 7, § 8 (1) (f), § 11 (1), (2), (4), (5), (7) and (8), § 12, 13, 39, 40, 43 and 44, § 45 (1), (2) and (5) and § 49 (1) to (3), (5), (6) and (8) of Decree No 268 / 2009 Coll., on technical requirements for construction, as amended, and
c) § 11, 14, 18, 30, 32, 33, 44 and 45, § 46 paragraphs 2 and 3, and § 51 of the Prague City Order No. 10 / 2016 Coll. laying down general requirements for the use of the territory and technical requirements for buildings in the Prague Capital City (Prague Construction Regulations), as amended by Regulation No. 16 / 2018 Coll. m.
SPECIFIC PROCEDURES IN THE FIELD OF THE BUILDING RULES
Joint consent
(1) The construction worker may carry out the necessary construction on the basis of joint territorial consent and consent to the implementation of the announced construction project pursuant to § 96a of Act No. 183 / 2006 Coll., on zoning and construction regulations (Construction Act), as amended, hereinafter referred to as "joint consent."
(2) Paragraph 94j of Act No. 183 / 2006 Coll. applies mutatis mutandis to the jurisdiction of the building office.
Joint notification of the necessary construction
(1) Notification of the project of the necessary construction pursuant to § 96 and the announcement of the building plan of the necessary construction pursuant to § 105 of Act No. 183 / 2006 Coll. ("the joint notification of the necessary construction ') may be submitted within 1 year of the date of entry into force of this Act.
(2) The construction contractor shall at least attach to the joint notification the necessary construction work
(a) binding opinions, decisions by the authorities concerned or other documents under other legislation, where appropriate;
(b) the views of the owners of the public transport and technical infrastructure on the possibility and manner of connection or the conditions of the protection and safety zones concerned;
(c) documentation of the necessary construction which contains a simple technical description of the project with the relevant drawings;
(d) the exemption decision provided for in Article 4, if issued,
e) consent to the location of the necessary construction pursuant to § 184a of Act No. 183 / 2006 Coll.,
(f) design of the duration of the necessary construction;
(g) a proposal for a deadline within which the necessary construction will be carried out;
(h) a statement by the builder of the purpose of using the necessary construction, together with an indication of the consequences of the mass influx of displaced persons in connection with the armed conflict in the territory of Ukraine caused by the invasion of the Russian Federation's troops, to which the necessary construction is to be used to mitigate; and
(i) fire safety solutions for the construction if required under another legislation.
(3) The simple technical description referred to in paragraph 2 (c) shall show that the necessary construction is designed in accordance with Section 5.
Start of implementation of the necessary construction during the duration of the crisis condition
(1) The necessary construction, which is a construction, the implementation of which has been ordered by the government or the county supervisor under the Crisis Act, can be initiated without prior joint agreement in the case of a product fulfilling the function of the building for accommodation. This does not apply when the necessary structures are carried out in the territories defined by the Ministry of Defence or the Ministry of Interior in order to ensure the defence and security of the State.
(2) A joint notification of the necessary construction started without prior joint agreement shall be submitted by the builder without delay, within 3 days of the date of the start of the works.
(3) The annexes referred to in Article 7 (2) shall be delivered by the builder to the construction office no later than 30 days after the date of joint notification of the necessary construction started without prior joint agreement.
The authorities concerned and the owners of technical infrastructure
(1) The authority concerned shall issue a binding opinion on the necessary construction without undue delay, not later than 15 days after the date on which the binding opinion was requested. The deadline for the issue of a binding opinion cannot be extended.
(2) The owner of the technical infrastructure shall communicate to the builder the location, conditions of connection and protection and other data necessary for the project activity and execution of the construction within 15 days of the date of the request of the builder.
Issue of joint consent
(1) Joint consent shall be given by the construction office within 15 days of the date of receipt of the full joint notification to the construction office.
(2) Joint consent shall also include:
(a) the conditions for carrying out the necessary construction and, where appropriate, the conditions resulting from the opinions of the authorities concerned;
(b) the duration of the necessary construction; and
(c) the deadline for carrying out the necessary construction.
(3) The joint consent shall also be served on persons whose right of ownership or other material right to neighbouring or neighbouring buildings or to buildings may be directly affected by the location or implementation of the necessary construction.
(4) If the construction office concludes that the joint notification of the project does not fulfil the conditions for joint consent or may be directly affected by the rights of other persons other than those referred to in paragraph 3, unless such persons give their consent, it shall inform the builder that the joint consent cannot be given.
Notification of the intention to use the necessary construction
The builder is obliged to notify the construction office of the intention to start using the completed necessary construction at least 7 days in advance.
Use of completed necessary construction
(1) The completed necessary construction does not require the approval of the approval or the approval decision to be used.
(2) The construction office shall carry out an inspection of the necessary construction without undue delay upon receipt of the notification pursuant to Section 11. During the inspection, the construction office shall verify that the necessary construction has been carried out in accordance with common agreement and that its use will not endanger the life or health of persons or animals, safety or the environment. If the construction office finds, at the time of the inspection, that the necessary construction does not meet these conditions, it shall prohibit the use of the necessary construction in an on-the-spot procedure. The appeal against the decision to prohibit the use of the building shall not have suspensory effect. Following the removal of deficiencies for which the use of the building was prohibited, the use of the building can only be started on the basis of the approval of the building office.
(3) If the necessary construction fulfils the condition laid down in the second sentence of paragraph 2, the construction office shall, without undue delay after carrying out the inspection, consent to the use of the necessary construction. In agreement with the use of the necessary construction, the construction office may order the removal of the identified deficiencies.
(4) Consent to use the necessary construction shall be delivered only to the builder and shall have legal effect on the date of service.
(5) The use of the completed necessary construction may also be initiated if the construction office does not consent to the use of the necessary construction or prohibit its use within 7 days of the date of receipt of the notification pursuant to Article 11.
Judicial review
(1) An action against joint consent under this Act may be brought within 1 month of the date of receipt of the consent to carry out the necessary construction.
(2) The action cannot be given suspensory effect.
Change in duration or purpose of the necessary construction
(1) The amendment of the necessary construction to the permanent construction and the change in the use of the necessary construction shall be carried out in accordance with the provisions of the building law on the change in the use of the construction. An application for a change in the use of the building may be submitted only during the duration of the necessary construction; the duration of the necessary construction shall not end before a decision is taken on the request to change the use of the necessary construction.
(2) The amendment of the necessary construction to permanent construction must be in accordance with the zoning documentation, the objectives and tasks of the zoning, the general requirements for construction and the public interests protected by the construction law and other legislation.
(3) If the necessary construction does not comply with the requirements referred to in paragraph 2, the construction office shall reject the application for a change in the use of the necessary construction to a permanent construction and initiate a procedure to remove the necessary construction.
EFFECTIVE
This Act shall take effect on the day following its publication.
Pekarová Adamová v. r.
Zeman v. r.
z. Jurečka v. r.
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Regulation Information
| Citation | Act No. 197 / 2022 Coll., on Special Procedures in the Field of Urban Planning and Construction Regulations in connection with Armed Conflict in the Territory of Ukraine Caused by the Invasion of the Russian Federation |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.06.2022 |
|---|---|
| Effective from | 01.07.2022 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Administrative law
Construction
Parliamentary Paper:
Paper No. 228
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