What is Act No. 225 / 2017 Coll.?

Act No. 225 / 2017 Coll., amending Act No. 183 / 2006 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended, and other related laws — Act amending Act No. 183 / 2006 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended, and other related laws.

When it became Act No. 225 / 2017 Coll. effectiveness?

Act No. 225 / 2017 Coll. became effective 01.01.2018.

Is Act No. 225 / 2017 Coll. still valid?

Yes, Act No. 225 / 2017 Coll. is still valid and effective.

How many times was it Act No. 225 / 2017 Coll. amended?

Act No. 225 / 2017 Coll. has 5 time versions of the text.

Act No. 225 / 2017 Coll.

Act amending Act No. 183 / 2006 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended, and other related laws

Valid Effective from 01.01.2018

Text versions: 01.01.2024 01.01.2021 01.01.2018 31.07.2017

ČÁST DRUHÁ Čl. III „§ 31 „§ 32 ČÁST TŘETÍ Čl. IV ČÁST ČTVRTÁ Čl. V ČÁST PÁTÁ Čl. VI ČÁST ŠESTÁ Čl. VII „§ 67 Čl. VIII ČÁST SEDMÁ Čl. IX ČÁST OSMÁ Čl. X ČÁST DEVÁTÁ Čl. XI ČÁST DESÁTÁ Čl. XII ČÁST JEDENÁCTÁ Čl. XIII ČÁST DVANÁCTÁ Čl. XIV ČÁST TŘINÁCTÁ Čl. XV Čl. XVI ČÁST ČTRNÁCTÁ Čl. XVII ČÁST PATNÁCTÁ Čl. XVIII ČÁST ŠESTNÁCTÁ Čl. XIX ČÁST SEDMNÁCTÁ Čl. XX ČÁST OSMNÁCTÁ Čl. XXI ČÁST DEVATENÁCTÁ Čl. XXII ČÁST DVACÁTÁ Čl. XXIII ČÁST DVACÁTÁ PRVNÍ Čl. XXIV ČÁST DVACÁTÁ DRUHÁ Čl. XXV ČÁST DVACÁTÁ TŘETÍ Čl. XXVI „§ 9e „§ 10 „§ 16 Čl. XXVII ČÁST DVACÁTÁ ČTVRTÁ Čl. XXVIII ČÁST DVACÁTÁ ŠESTÁ Čl. XXX Čl. XXXI ČÁST DVACÁTÁ SEDMÁ Čl. XXXII ČÁST DVACÁTÁ OSMÁ Čl. XXXIII ČÁST DVACÁTÁ DEVÁTÁ Čl. XXXIV ČÁST TŘICÁTÁ Čl. XXXV ČÁST TŘICÁTÁ PRVNÍ Čl. XXXVI ČÁST TŘICÁTÁ DRUHÁ Čl. XXXVII Čl. XXXVIII ČÁST TŘICÁTÁ TŘETÍ Čl. XXXIX Čl. XL ČÁST TŘICÁTÁ ČTVRTÁ Čl. XLI Čl. XLII ČÁST TŘICÁTÁ PÁTÁ Čl. XLIII ČÁST TŘICÁTÁ ŠESTÁ Čl. XLIV ČÁST TŘICÁTÁ SEDMÁ Čl. XLV ČÁST TŘICÁTÁ OSMÁ Čl. XLVI „§ 6 ČÁST TŘICÁTÁ DEVÁTÁ Čl. XLVII „§ 2b § 2c § 2d „ČÁST DRUHÁ § 5a § 5b § 5c § 5d Čl. XLVIII ČÁST ČTYŘICÁTÁ Čl. XLIX ČÁST ČTYŘICÁTÁ PRVNÍ Čl. L ČÁST ČTYŘICÁTÁ DRUHÁ Čl. LI ČÁST ČTYŘICÁTÁ TŘETÍ Čl. LII ČÁST ČTYŘICÁTÁ ČTVRTÁ Čl. LIII ČÁST ČTYŘICÁTÁ PÁTÁ Čl. LIV ČÁST ČTYŘICÁTÁ ŠESTÁ Čl. LV

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225

THE LAW

of 27 June 2017

amending Act No. 183 / 2006 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended, and other related laws

Parliament has decided on this law of the Czech Republic:

ČÁST DRUHÁ

Amendment of the Fire Protection Act

Čl. III

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., Act No. 413 / 2005 Coll., Act No. 186 / 2006 Coll., Act No. 267 / 2006 Coll., Act No. 281 / 2009 Coll., Act No. 341 / 2011 Coll., Act No. 350 / 2011 Coll., Act No. 229 / 2016 Coll.

1. In Article 7, the following paragraph 3 is added:

"(3) The owner or user of the entry area for fire-fighting equipment shall mark it and maintain it in such a condition as to allow the use of fire-fighting equipment. ';

2. In Section 24, at the end of paragraph 1, the dot is replaced by a comma and the following point (t) is added:

"(t) is the authority concerned in assessing the maturity of projects of common interest to energy infrastructure and applies a binding opinion in a common territorial and construction management for projects of common interest to energy infrastructure (14) in terms of fire protection.

14) Regulation (EU) No 347 / 2013 of the European Parliament and of the Council of 17 April 2013 laying down guidelines for trans-European energy networks and repealing Decision No 1364 / 2006 / EC and amending Regulations (EC) No 713 / 2009, (EC) No 714 / 2009 and (EC) No 715 / 2009. '

3. Article 31, including the title, reads:

„§ 31

Performance of state fire control

(1) State fire control is carried out

(a) checking compliance with the obligations laid down in the Fire Protection Regulations;

(b) assessment

1. the regulatory plan shall replace the territorial decision relating to the location of the construction or installations referred to in points 3 to 8;

2. supporting documents for the territorial consent or documentation of the territorial decision relating to the location of the construction or equipment referred to in points 4 to 8;

3. supporting documents for the territorial consent or documentation of a territorial decision relating to the location of the construction or installation referred to in § 103 (1) (e) (5) to (7) of the Building Act, where above-ground management is concerned,

4. project documentation of the building, for which it is sufficient to declare pursuant to § 104 (1) (a) of the building law, in the case of the construction of a family house and construction for family recreation with a total built-up area above 200 m2,

5. project documentation of the construction, for which the announcement pursuant to § 104 (1) (b) and (c) of the building law is sufficient,

6. project documentation of the construction for which the declaration provided for in Section 104 (1) (d) of the Construction Act is sufficient if it is used for the production, storage and handling of flammable liquids and flammable or flammable gases;

7. documentation of the construction, for which the declaration provided for in Section 104 (1) (g) of the Building Act is sufficient, having the character of a building for housing and accommodation or administrative buildings intended for more than 50 persons;

8. project documentation of the building, which primarily requires building permits, including project documentation of the buildings referred to in points 4 to 7, provided that they are approved under the building permit regime,

9. Documentation for the change in the purpose of the use of the building, in its operating equipment, in the way of production or in its substantial extension and modification of the activity of the buildings referred to in points 3 to 8;

10. documentation of the construction referred to in points 3 to 8, in the case of documentation to permit the change of construction before completion of the construction, or documentation to order the necessary modifications;

11. documentation of the construction referred to in points 3 to 8, in the case of maintenance work according to § 104 (1) (j) or the construction modification according to § 104 (1) (k) of the building law.

Assessment shall be carried out to the extent of a fire safety solution in accordance with special legislation13) or to the extent of a similar document which is sufficient to assess the fire safety of the building, only in the case of construction and equipment under State fire control,

(c) verifying compliance with the fire safety conditions of the buildings resulting from the supporting documents and documentation referred to in (b), including those resulting from the opinions issued;

(d) by assessment and type approval of remote transmission equipment intended for the purposes of the Fire Rescue Corps of the Czech Republic,

(e) by approving the assessment of the fire hazard of high fire risk activities;

(f) by examining the causes of fires,

(g) by checking the readiness and capability of fire protection units [Sections 65 (1) (b) to (d)];

(h) imposing measures to remedy the deficiencies identified and to check the implementation of those measures.

(2) In the control report carried out pursuant to paragraph 1 (a) or (g), the authority carrying out state fire surveillance shall set a time limit for the person checked to submit a written report on the correction of the deficiencies imposed under paragraph 1 (b). (h) a body carrying out state fire surveillance.

(3) The assessment of the supporting documents, documentation and verification of compliance with the requirements laid down in paragraph 1 (b) and (c) results in a binding opinion under the Construction Act.

(4) The documentation, documentation and project documentation referred to in paragraph 1 (b) shall be submitted by the builder in paper copy to the authority carrying out the state fire surveillance. ';

„§ 32

The Ministry exercises state fire control pursuant to § 31 (1) (b) and (c)

(a) in the case of buildings to be built on the territory of two or more regions;

(b) for the buildings they reserve,

5. In § 95, the sentences of the second and third are replaced by the sentences of "Opinions issued under this Act as a basis for decisions or other acts under the Construction Act are binding opinions under the Administrative Code and are not separate decisions in administrative proceedings. Opinions on the draft regulatory plan are not an administrative decision. ';

ČÁST TŘETÍ

Amendment to the Act on State Monument Care

Čl. IV

Act No. 20 / 1987 Coll., on State Monument Care, as amended by 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. 142 / 2012 Coll., Act No. 124 / 2008 Coll., Act No. 189 / 2008 Coll., Act No. 207 / 2008 Coll., Act No. 223 / 2009 Coll., Act No. 227 / 2009 Coll., Act No. 124 / 2008 Coll.

1. In Paragraph 14 (2), the words "a sales stand, construction and equipment for festive decoration and lighting of buildings not exceeding 30 consecutive days shall be inserted after the word" construction, "'.

2. In Paragraph 14, at the end of paragraph 4, the sentence "In accordance with the binding opinion of those administrative authorities, the building office shall also decide in a joint territorial and building procedure under the building law. '

3. In Article 26, the following paragraph 3 is added:

"(3) The Ministry of Culture is the body concerned when assessing the ripeness of projects of common interest for energy infrastructure (31) and applies a binding opinion in a common territorial and building procedure for constructions of projects of common interest in terms of the competence of the Ministry, regional authorities and municipal authorities in the field of state conservation.

31) Regulation (EU) No 347 / 2013 of the European Parliament and of the Council of 17 April 2013 laying down guidelines for trans-European energy networks and repealing Decision No 1364 / 2006 / EC and amending Regulations (EC) No 713 / 2009, (EC) No 714 / 2009 and (EC) No 715 / 2009. '

ČÁST ČTVRTÁ

Amendment of the Mining Act

Čl. V

Act No. 44 / 1988 Coll., on the Protection and Use of Mineral Wealth (Mining Act), as amended by Act No. 541 / 1991 Coll., Act No. 10 / 1993 Coll., Act No. 168 / 1993 Coll., Act No. 132 / 2000 Coll., Act No. 258 / 2000 Coll., Act No. 264 / 2000 Coll., Act No. 315 / 2001 Coll., Act No. 61 / 2002 Coll., Act No. 350 / 2002 Coll., Act No. 498 / 2012 Coll., Act No. 150 / 2003 Coll., Act No. 157 / 2009 Coll.

1. In Paragraph 19 (1), the words "location decisions' are replaced by the words" location '.

2. In Paragraph 19 (1), the word "issue 'is replaced by" permit'.

3. In Article 19 (2), the words "decision 'are replaced by the words" authorisation'.

4. In Section 19, paragraph 3 is added, including footnote 27:

"(3) In the joint zoning and construction procedure for the construction of projects of common interest for energy infrastructure (27) to be located in a protected bearing area, the Czech Mining Authority, which is also the body concerned when assessing the maturity of these projects of common interest for energy infrastructure, applies a binding opinion from the aspects of paragraph 1.

27) Regulation (EU) No 347 / 2013 of the European Parliament and of the Council of 17 April 2013 laying down guidelines for trans-European energy networks and repealing Decision No 1364 / 2006 / EC and amending Regulations (EC) No 713 / 2009, (EC) No 714 / 2009 and (EC) No 715 / 2009. '

5. In the first sentence of Paragraph 33 (7), the words "and building proceedings under special legislation (10) 'are replaced by the words", building or common territorial and building procedures under the building law'.

ČÁST PÁTÁ

Amendment to the Geological Labour Act

Čl. VI

Act No. 62 / 1988 Coll., on Geological Works, as amended by Act No. 543 / 1991 Coll., Act No. 366 / 2000 Coll., Act No. 320 / 2002 Coll., Act No. 18 / 2004 Coll., Act No. 3 / 2005 Coll., Act No. 444 / 2005 Coll., Act No. 186 / 2006 Coll., Act No. 124 / 2008 Coll., Act No. 223 / 2009 Coll., Act No. 227 / 2009 Coll., Act No. 281 / 2009 Coll., Act No. 85 / 2012 Coll. and Act No. 64 / 2014 Coll., is amended as follows:

1. In Section 13, the following paragraph 4 is added:

"(4) The Ministry is the body concerned in assessing the ripeness of projects of common interest for energy infrastructure (23).

23) Regulation (EU) No 347 / 2013 of the European Parliament and of the Council of 17 April 2013 laying down guidelines for trans-European energy networks and repealing Decision No 1364 / 2006 / EC and amending Regulations (EC) No 713 / 2009, (EC) No 714 / 2009 and (EC) No 715 / 2009. ';

2. The following sentence is added at the end of Paragraph 25: "Where the concept of territorial management, territorial decision or building permit is used in this Act, this shall also mean common territorial and building procedure and common permit, which places the construction and permits under the building law. '

ČÁST ŠESTÁ

Amendment of the Nature and Landscape Conservation Act

Čl. VII

Act No. 1 / 2009 Coll., Act No. 100 / 2004 Coll., Act No. 200 / 2004 Coll., Act No. 140 / 2004 Coll., Act No. 124 / 2008 Coll., Act No. 76 / 2002 Coll., Act No. 140 / 2002 Coll., Act No. 100 / 2004 Coll., Act No. 200 / 2006 Coll., Act No. 110 / 2006 Coll., Act No. 110 / 2006 Coll., Act No. 140 / 2006 Coll., Act No. 110 / 2006 Coll., Act No. 100 / 2006 Coll., Act No. 110 / 2006 Coll.

1. In Article 8 (2), the words "for the removal of timber in the protection zone of a heat energy distribution installation carried out in the operation of such plants," shall be inserted after the words "those systems."

2. In Article 8, paragraph 6 is added:

"(6) A binding opinion of the Nature Protection Authority is necessary for the felling of timber for the purposes of a building project authorised in territorial management, territorial management with environmental impact assessment, common territorial and building management or common territorial and building management with environmental impact assessment. This binding opinion shall be issued by the nature conservation authority responsible for authorising felling. The permit for felling of timber, including the imposition of adequate replacement plantings, shall be issued by the construction office in the binding opinion of the nature conservation authority and shall form part of the operative part of the decision in the territorial proceedings, in the territorial proceedings with an environmental impact assessment, in the joint territorial and building procedure or in the common territorial and building procedure with an environmental impact assessment. Paragraphs 1 to 5 and Article 9 shall apply mutatis mutandis to the felling of timber for the purposes of a construction project authorised in the procedures referred to in the first sentence. ';

3. In Paragraph 43, at the end of paragraph 4, the sentence "Where the location or authorisation of an energy infrastructure project is a project of common interest, an exception shall be granted to the Ministry of the Environment."

4. In the first sentence of Paragraph 45h (1) and in the first sentence of Paragraph 45i (1), the words "favourable status of an article 'are replaced by the words" subject'.

5. In the last sentence of Paragraph 45i (1), a comma is inserted after the word "application 'and the words" or a proposal for the content of the update or amendment of the zoning documentation' are added at the end of the text of the paragraph.

6. Paragraph 45i (2) reads as follows:

"(2) If the nature conservation authority does not exclude a significant influence under Paragraph 45h (1) by its opinion under paragraph 1, the concept or intention shall be the subject of an assessment under this paragraph in accordance with the procedure laid down in the Environmental Impact Assessment Act (3b). Where the outcome of the assessment provided for in this paragraph does not exclude a significant negative impact of the concept or intention on the subject of protection or integrity of a European site or bird area, the promoter shall process variants of solutions aimed at eliminating a significant negative impact or, if exclusion is not possible, at least mitigate; such variants shall also be subject to the assessment provided for in this paragraph in accordance with the procedure laid down in the Environmental Impact Assessment Act. The policy of territorial development and the planning documentation shall be assessed in accordance with the specific legislation17. ';

7. Paragraph 45i (8) reads as follows:

"(8) The authority responsible for approving the concept or project referred to in Article 45h may only approve it if, on the basis of an opinion or, where appropriate, the conclusion of the survey procedure, under the Environmental Impact Assessment Act (3b), such a concept or plan does not have a significant negative impact on the subject of protection or integrity of a European site or bird area, or under the conditions laid down in paragraphs 9 and 10, as appropriate. This is without prejudice to protection under Parts Two, Three and Five of this Act. '

8. In Article 45i (9), the first sentence is replaced by the following: "Where the assessment referred to in paragraph 2 shows a significant negative impact on the subject of protection or integrity of a European major site or bird area and there is no variant without a significant negative impact, only a variant with the least possible significant negative impact may be approved, only for reasons of overriding public interest and only after the imposition of the compensatory measures necessary to ensure the overall coherence of the system of bird areas and European major sites referred to in paragraph 11. '

9. In Paragraph 45i, at the end of the text of paragraph 9, the words "and measures to replace possible temporary losses on the subject of protection 'may be added.

10. In the first sentence of Article 45i (10), the word "significant 'shall be inserted after the word" o'.

11. in Article 45i (10), third sentence, the words "request for an opinion" shall be replaced by the words "initiative."

12.Paragraph 45i (11) reads as follows:

"(11) The compensation measures referred to in paragraph 9 for the purposes of the concept, including the proposal for measures to ensure them, shall be determined by the Nature Protection Authority. Such compensatory measures must be included in the concept before its approval. The compensation measures referred to in paragraph 9 for the purposes of the project, including the method and the monitoring period necessary to evaluate their effectiveness, shall be determined by decision of the Nature Protection Authority on the basis of the initiative of the body responsible for approving the project. Compensation measures may, in the event of a negative impact on priority habitat types or priority species, only for reasons relating to the protection of human health and public security, with the undeniably favourable consequences of an exceptional importance for the environment or other imperative reasons of overriding public interest, on the basis of the opinion of the Commission, provide for a nature conservation authority only if it finds that there are urgent reasons of overriding public interest in accordance with paragraph 9, or that there are grounds relating to public health, public safety or the favourable consequences of undisputed environmental significance in accordance with paragraph 10. From the date of dispatch of the complaint until the time of the imposition of the compensatory measures by the nature conservation authority, the time limits in the relevant proceedings shall not run. The compensatory measures imposed must be ensured before the project is implemented. Compensation measures shall be provided if they are operational. If the full functioning of the compensatory measures cannot be expected to be achieved within a reasonable period of time, the compensatory measures shall be deemed to be ensured if there is a reasonable guarantee that they will be fully operational and the overall coherence of the system of bird areas and the European sites of importance will be ensured. The granting of compensatory measures shall be confirmed by an expression of the nature conservation authority which has established them. The imposition of compensatory measures is a reason for determining the suspension of the enforcement of the decision approving the plan on the date of the statement of the nature conservation authority confirming the provision of the compensatory measures. '.

13. in Paragraph 45i, paragraphs 12 and 13 are added:

"(12) The competent nature conservation authority shall without delay inform the Ministry of the Environment of the compensatory measures imposed and the way in which they are secured, which shall inform the Commission.

(13) The requirements of the assessment referred to in paragraph 2 shall be laid down by the Ministry of the Environment by decree. ';

14. In Paragraph 56, the following paragraph 6 is inserted after paragraph 5:

"(6) Where, only after the start of the zoning procedure, the zoning procedure with environmental impact assessment, common zoning and construction management, common zoning and construction procedure with environmental impact assessment or building management is found to affect the conservation conditions of the specially protected plant or animal species set out in § 49 or 50, and this fact was not known before the start of this procedure, the decision in this procedure may be adopted only on the basis of the binding opinion of the nature conservation authority responsible for the authorisation of the exemption from the prohibitions in the specially protected species of plants and animals in which the nature protection authority assesses compliance with the conditions for the exemption referred to in paragraphs 1 and 2 and may provide for any additional conditions of the derogation provided for in paragraph 3. The authorisation of an exemption from the prohibitions for specially protected plant and animal species, including the establishment of additional conditions referred to in paragraph 3, shall form part of the operative part of the decision to be given in the territorial proceedings, in the territorial proceedings with an environmental impact assessment, in the joint territorial and building procedures, in the joint territorial and construction procedures with an environmental impact assessment or in the construction procedures. ';

Paragraph 6 shall become paragraph 7.

15. Paragraph 56 (7) reads:

"(7) In the case of an exemption from the prohibitions for specially protected plant and animal species, Article 5b (3) shall apply mutatis mutandis to the content of the decision referred to in paragraph 1 or 6, to the content of the general measure referred to in paragraph 4 and to the content of the agreement referred to in paragraph 5. The obligations set out in Article 5b (5) shall apply mutatis mutandis to the Nature Protection Authority when granting exemptions from the prohibitions of specially protected plant and animal species and to a person who has been granted a derogation from the prohibitions of specially protected plant and animal species referred to in paragraph 1 or 6, who shall comply with the derogation authorised by a measure of general nature pursuant to paragraph 4 or with which an agreement has been concluded pursuant to paragraph 5 or Article 49 (4). In the case of an exemption authorised pursuant to paragraph 6, the nature conservation authority shall inform the Ministry of the Environment of the authorisation provided for in Article 5b (5), after having received from the construction office a copy of the written copy of the decision which is part of the exemption authorisation, indicating the legal authority. ';

16. Paragraph 67, including the title, reads:

„§ 67

Obligations of investors

(1) In the context of the construction or other use of the landscape, any person intending to carry out serious interventions which might affect interests protected under Parts Two, Three and Five of this Act (hereinafter referred to as "the investor") is obliged to ensure in advance that he or she carries out an assessment of the impact of the intended intervention on these protected interests. 33 In case of doubt as to the gravity of the intervention and its extent in terms of interests protected by this law, the person intending to implement it may request the opinion of the competent nature conservation authority. The nature conservation authority shall give a reasoned opinion on the seriousness of the intervention and the extent of the interests concerned protected by this law within 30 days of the date of receipt of the request. The first sentence shall include a proposal for measures to exclude or at least mitigate the negative impact on the generally or specially protected parts of nature, or a proposal for alternative measures. The requirements of the evaluation shall be laid down by the Ministry of the Environment by decree.

(2) The assessment referred to in paragraph 1 shall be used as part of an environmental impact assessment under the Environmental Impact Assessment Act if it also meets the requirements of this Act.

(3) The evaluation referred to in paragraph 1 shall be part of an application for authorisation, consent or binding opinion under this Law. The investor shall also submit the assessment in electronic form.

(4) Where this law, other legislation or the outcome of the assessment referred to in paragraph 1 imposes the need to ensure adequate measures to eliminate or mitigate the negative effects of the intended intervention or replacement measures, the investor shall be obliged to implement those measures on his cargo. The scope and necessity of these measures shall be laid down by the Nature Protection Authority in a decision or a binding opinion issued under this Act. ';

17. in Paragraph 70 (3), the words "administrative proceedings" are replaced by the words "proceedings under this law."

18. In Paragraph 79, the following paragraph 4 is inserted after paragraph 3:

"(4) The Ministry of the Environment is the body concerned when assessing the ripeness of projects of common interest for energy infrastructure (49) and, in the joint territorial and building management for projects of common interest for energy infrastructure, the state administration in nature and landscape conservation within the scope of the entrusted municipal authorities, the general authorities of municipalities with extended competence, regional authorities and the Agency. '

Paragraphs 4 and 5 shall become paragraphs 5 and 6.

19. in Paragraph 79 (5), the following point (k) is inserted after point (j):

"(k) lays down the elements of the assessment provided for in Article 45i (13);"

Points (k) to (w) shall be renumbered as points (l) to (x).

20. In Paragraph 90, the following paragraph 2 is inserted after paragraph 1:

"(2) Where the concept of a territorial decision or building permit is used in this Act, this shall also mean a common permit by which the construction is located and authorised under the building law. '

Paragraphs 2 to 17 shall become paragraphs 3 to 18.

Čl. VIII

Transitional provision

The administrative procedure for the permit for felling of timber initiated before the date of entry into force of this Act shall be completed in accordance with existing legislation.

ČÁST SEDMÁ

Amendment to the Act on the Protection of the Agricultural Soil Fund

Čl. IX

Act No. 334 / 1992 Coll., on the Protection of the Agricultural Soil Fund, as amended by Act No. 10 / 1993 Coll., Act No. 98 / 1999 Coll., Act No. 132 / 2000 Coll., Act No. 76 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 444 / 2005 Coll., Act No. 186 / 2006 Coll., Act No. 222 / 2006 Coll., Act No. 167 / 2008 Coll., Act No. 9 / 2009 Coll., Act No. 227 / 2009 Coll., Act No. 41 / 2015 Coll., Act No. 184 / 2010 Coll., Act No. 375 / 2011 Coll., Act No. 503 / 2012 Coll., Act No. 64 / 2014 Coll., Act No. 41 / 2015 Coll., Act No. 184 / 2016 Coll., is amended as follows:

1. Paragraph 9 (6) shall be added at the end of the text of point (b) "or not of an intention for which the purpose of the expropriation is laid down by law or of an intention for which such agricultural land may be expropriated '.

2. In Section 17, at the end of point (l), the word "a 'is replaced by a comma, at the end of point (m) the dot is replaced by a comma and the following points (n) and (o) are added:

"(n) gives its opinion on the proposals for overland and underground lines of public technical infrastructure, if this is a project of common interest for energy infrastructure (38); is the authority concerned in assessing the maturity of projects of common interest to energy infrastructure; and

(o) consent, pursuant to Article 9 (8), to the removal of agricultural land from the agricultural soils, provided that the agricultural land is affected by the construction of a project of common interest for energy infrastructure (38); in the case of temporary withdrawal or permanent withdrawal with a temporary levy, issue a certificate of termination of the reclamation pursuant to § 11b (2).

38) Regulation (EU) No 347 / 2013 of the European Parliament and of the Council of 17 April 2013 laying down guidelines for trans-European energy networks and repealing Decision No 1364 / 2006 / EC and amending Regulations (EC) No 713 / 2009, (EC) No 714 / 2009 and (EC) No 715 / 2009. '

ČÁST OSMÁ

Amendment of the Real Estate Tax Act

Čl. X

Act No. 338 / 1992 Coll., on Real Estate Tax, as amended by Act No. 315 / 1993 Coll., Act No. 242 / 1994 Coll., Act No. 248 / 1995 Coll., Act No. 65 / 2000 Coll., Act No. 492 / 2000 Coll., Act No. 30, Act No. 239 / 2001 Coll., Act No. 483 / 2001 Coll., Act No. 576 / 2002 Coll., Act No. 281 / 2004 Coll., Act No. 362 / 2006 Coll., Act No. 179 / 2005 Coll., Act No. 261 / 2007 Coll., Act No. 296 / 2007 Coll., Act No. 545 / 2005 Coll., Act No. 112 / 2006 Coll.

1. in Paragraph 4 (1) (o), the word "special" shall be deleted;

2. In the first sentence of Article 6 (3), the words "common permit by which the construction is placed and authorised or which" shall be inserted after the words "authorisation or" common permit. "

3. In the third sentence of Article 6 (3), the words "or a common permit which places and permits the construction shall be inserted after the word" permit. "

4. In Article 9 (1) (j), the words "runway a 'shall be inserted after the words" construction'.

5. In Paragraph 9 (1) (j), the word "special 'is deleted.

ČÁST DEVÁTÁ

Amendment of the Income Tax Act

Čl. XI

Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5, Act No. 5 / 2004, Act No. 5, Act No. 5, Act No. 5 / 1999, Act No. 5, Act No. 96, Act No. 96, Act No. 99, Act No. 5 / 1999, Act No. 5 / 2004, Act No. 5, Act No. 2004, Act No. 5, Act No. 5, Act No. 2004, Act No. 2004, Act No. 2004, Act No. 2004, Act No. 2004, Act No. 5, Act No. 2004, Act No. 2004, Act No. 1999, No 1999

1. in Article 38l (1) (c), the words "common permit for placing and authorising construction" shall be inserted after the words "permit."

2. in Paragraph 38l (1) (d), the words "common permit for placing and authorising construction" shall be inserted after the words "authorisation."

ČÁST DESÁTÁ

Amendment of the Railway Act

Čl. XII

Act No. 266 / 1994 Coll., on Railways, as amended by Act No. 189 / 1999 Coll., Act No. 23 / 2000 Coll., Act No. 71 / 2000 Coll., Act No. 132 / 2000 Coll., Act No. 77 / 2002 Coll., Act No. 180 / 2002 Coll., Act No. 250 / 2014 Coll., Act No. 144 / 2002 Coll., Act No. 175 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 103 / 2004 Coll., Act No. 124 / 2008 Coll., Act No. 227 / 2009 Coll.

1. In Article 4 (1), the words "or a common permit for placing and authorising construction shall be inserted after the word" decision. "

2. In the title of Section 7, the words "and common territorial and construction 'shall be inserted after the word" Construction'.

3. In Article 7 (1), the words "and track construction 'are deleted.

4. In the first sentence of Article 7 (2), the words "by issuing approval 'are replaced by the words" by approval'.

5. In the second sentence of Article 7 (2), the words "or common permit by which the construction is placed and authorised 'shall be inserted after the words" authorisation'.

6. Paragraph 7 (3) reads as follows:

"(3) For the purposes of the location, permit, announcement or approval of a structure on a track, a structure which is not a track construction and which interferes partly with its perimeter or construction in the track protection zone, the applicant shall request a binding opinion of the railway administration. In the agreed binding opinion, the Railway Administration shall lay down the conditions for ensuring safe and smooth operation of the runway and its protection. An unfavourable opinion may be given only if the construction could prevent or interfere with the safe and smooth operation of the runway and its protection, and it is not possible to eliminate this risk by setting the conditions under the second sentence. '

7. In Article 9 (1), the words "to establish and operate buildings," shall be deleted.

8. At the end of Paragraph 56, the dot is replaced by a comma and the following point (e) is added:

"(e) is the authority concerned in assessing the ripeness of projects of common interest for energy infrastructure (13) and applies a binding opinion in the common territorial and structural management for the construction of projects of common interest for energy infrastructure in terms of the competence of all the railway authorities.

13) Regulation (EU) No 347 / 2013 of the European Parliament and of the Council of 17 April 2013 laying down guidelines for trans-European energy networks and repealing Decision No 1364 / 2006 / EC and amending Regulations (EC) No 713 / 2009, (EC) No 714 / 2009 and (EC) No 715 / 2009. ';

ČÁST JEDENÁCTÁ

Amendment to the Inland Navigation Act

Čl. XIII

Act No. 114 / 1995 Coll., on Inland Navigation, as amended by Act No. 358 / 1999 Coll., Act No. 254 / 2001 Coll., Act No. 309 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 118 / 2004 Coll., the Constitutional Court Act No. 327 / 2005 Coll., Act No. 186 / 2006 Coll., Act No. 342 / 2006 Coll., Act No. 124 / 2008 Coll., Act No. 309 / 2008 Coll., Act No. 227 / 2009 Coll., Act No. 187 / 2014 Coll., and Act No. 250 / 2014 Coll., is amended as follows:

1. In Section 5a, the first sentence is replaced by the following: "For the purposes of the location, authorisation, announcement or approval of the construction, the applicant is obliged to request a binding opinion from the navigational authority if the construction goes beyond the monitored waterway or the construction of the transport and technical infrastructure 17) at a distance of up to 50 metres from the shore line of the monitored waterway determined by the highest water level before its discharge into the adjacent territory. '.

2. At the end of § 41, the dot is replaced by a comma and the following point (k) is added:

"(k) is the authority concerned when assessing the ripeness of projects of common interest for energy infrastructure (22).

22) Regulation (EU) No 347 / 2013 of the European Parliament and of the Council of 17 April 2013 laying down guidelines for trans-European energy networks and repealing Decision No 1364 / 2006 / EC and amending Regulations (EC) No 713 / 2009, (EC) No 714 / 2009 and (EC) No 715 / 2009. ';

ČÁST DVANÁCTÁ

Amendment of forest law

Čl. XIV

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Regulation Information

Citation	Act No. 225 / 2017 Coll., amending Act No. 183 / 2006 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended, and other related laws
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	31.07.2017
Effective from	01.01.2018
Effective until	-
Status	Valid

The regulation text is for informational purposes only.