Act No. 262 / 1992 Coll.
Act amending and supplementing Act No. 50 / 1976 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended by Act No. 103 / 1990 Coll.
Valid
Effective from 01.07.1992
262
THE LAW
of 24 April 1992
amending and supplementing Act No. 50 / 1976 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended by Act No. 103 / 1990 Coll.
The Federal Assembly of the Czech and Slovak Federal Republic decided on this law:
Act No. 50 / 1976 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended by Act No. 103 / 1990 Coll., is amended as follows:
Article 1 (1) reads as follows:
"(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. in Article 2 (1), the text (a) and (b) shall be replaced by the following:
"(a) establish limits on land use;
(b) regulates the functional and spatial layout of the territory; ';
3. In Paragraph 2 (2), the text is deleted: "from the objectives and tasks set out in the national economic plans'.
4. in Section 3, the text under (c) is deleted.
The current text under (d) shall be referred to as (c).
5. § 6 is deleted.
6. In Section 9, the text at the end of the second sentence is deleted: "and is processed in accordance with the basic objectives of long-term prospects'.
7. In Section 10, the text at the end of the sentence is deleted: "in line with the fundamental objectives set by the long-term outlook for the development of the national economy '.
8. In Section 11, the second sentence is deleted.
9. In Article 17 (3), the text is deleted: "and in accordance with the objectives and tasks set out in the national economic plans'.
10. In Paragraph 29 (1), the second sentence is replaced by the following sentence: "The basic principles of the organisation of the territory and the limits on its use laid down in the regulations on the functional and spatial arrangements of the territory are binding. other parts of the solution are directional. ';
11. Article 29 (2) reads as follows:
"(2) The binding and indicative parts of the planning documentation shall be defined by the authorising authority. In a binding part, they shall always define public utility buildings for which land, buildings and rights can be expropriated. The binding part of the approved zoning plan shall be declared by the competent municipality in a generally binding legislature1; in cases where the Government of the Republic reserves the approval of a major territorial unit, it shall declare a binding part of the approved plan by its regulation. ';
12. In Article 29 (3), the words "and approval 'shall be inserted after the words" the basis for drawing up'.
13. in Paragraph 31 (2), the word "reasonably" shall be added at the end.
14. In the first sentence of Paragraph 34 (1), the words "including neighbouring land and buildings' are inserted after the words" buildings' and the words "territorial 'are deleted.
15. Paragraph 34 (2) reads as follows:
"(2) The municipality is also a participant in the zoning and land use proceedings, unless the municipal office is a building office; in territorial proceedings, defend important local interests. ';
16. Paragraph 34 repeals paragraph 3 and paragraph 4 becomes paragraph 3.
17. In Paragraph 35, the present text becomes paragraph 1 and its last sentence is deleted. The following paragraph 2 is added:
"(2) If the proposal submitted does not provide sufficient basis for assessing the location of the proposed construction or other measure in the territory (§ 32), in particular environmental effects, the construction office shall invite the applicant to supplement the proposal with the necessary data or supporting documents within a reasonable time and inform it that it will otherwise stop 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 building office shall suspend the territorial proceedings. ';
18. In Paragraph 38, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) Where the applicant does not have a right to property or another right to land, a territorial decision on the location of the construction or the decision on the use of the land may be given without the consent of the owner only if it is possible to expropriate the land for the intended purpose. '
19. The following Section 38a is inserted after Section 38:
They shall be associated with the territorial proceedings, unless this is excluded by the nature of the case or unless specific provisions provide otherwise, other procedures necessary for the location of the construction or for the determination of the use of the territory. ';
20. In the first sentence of Paragraph 39, the words "including architectural and urban values in the territory 'are inserted after the words" on the environment'.
21. The following Paragraph 46a is inserted after Paragraph 46:
(1) Selected construction activities which are of decisive importance for the protection of public interests in the preparation, design or implementation of buildings may only be carried out by persons who have demonstrated their competence by examination and have received a certificate of competence (authorisation).
(2) For the purposes of this Act, the following shall be regarded as selected activities under construction:
(a) the processing of zoning documentation;
(b) geodetic measurements for project activity and outlaying;
(c) construction design,
(d) environmental impact assessment of buildings;
(e) static and dynamic calculations of construction structures;
(f) the management of structures and the implementation of building supervision;
(g) surveys, testing and diagnostics of buildings.
(3) The laws of the national councils lay down the details of authorisation for selected activities in construction, the manner and conditions of its award. "
22.
(1) The contractor (supplier) of the building must use only products of such characteristics as to guarantee the required mechanical strength and stability, fire safety, hygiene requirements, health and environmental protection, safety at use, noise protection and energy saving during normal maintenance.
(2) The verification of the characteristics of the products shall be carried out in accordance with specific rules. 4a) '.
23. Paragraph 48 to 53 shall be deleted.
Article 24 (58) (3) reads as follows:
"(3) In the case of construction, superstructure or maintenance work on the construction site, the contractor may be a legal or natural person who is the tenant of the construction site, if he presents a written agreement with the owner of the construction."
25. In Paragraph 81 (1), the last sentence shall be deleted.
26. The following Section 96a is inserted after Section 96:
Decisions of the building office issued pursuant to Sections 86, 87, 88, 94 and 96 shall also be binding on the legal successors of the owners of the building. '
27. In Paragraph 102, the following paragraph 3 is inserted after paragraph 2:
"(3) In the decision referred to in paragraph 2, the construction office may, depending on the nature of the case, also impose an obligation to refrain from an activity which is beyond the permissible level laid down by specific rules which is harmful to the environment or to carry out measures which will reduce the adverse effects of their activity on the environment to an acceptable level. The competence of other bodies under specific rules shall not be affected. ';
28. In Paragraph 102, paragraphs 3, 4 and 5 shall become paragraphs 4, 5 and 6.
29. in Paragraph 105 (1), the words "fail to comply with the call of the State Building Supervision Authority" shall be inserted after the words "hinder its performance."
30. in Article 105 (2), the following point (g) is added:
"(g) shall not make the necessary adjustments (§ 87)."
31. in the introductory sentence of paragraphs 1, 2 and 3, the words "may deposit" shall be replaced by the words "shall deposit."
32. in Article 106 (1), the text under (c) shall be inserted after the words "prevent its performance" and the words "fail to comply with the call of the State Building Supervision Authority (§ 102 (2))."
33. in Paragraph 106 (2), points (i) and (j) are added, which shall read as follows:
"(i) shall not make the necessary adjustments (§ 87);
(j) makes the environment worse by extending the construction period contrary to the building permit. "
Article 34 (107) (2) reads as follows:
"(2) Fines shall constitute the revenue of the Federation State Budget if the competent authority of the Federation is responsible for the decision. '.
Article 35 (108) reads as follows:
(1) The land, buildings and rights relating thereto, necessary for the implementation of the structures or measures of public interest referred to in paragraph 2, may be expropriated or property rights to land and buildings may be limited (10a) by a decision of the construction office (hereinafter referred to as "expropriation").
(2) Expropriation under this Act is possible only in the public interest
(a) public utility buildings according to approved planning documentation;
(b) the establishment of health, safety and other protection zones and protected territories and in order to ensure their protection;
(c) the rendering of the unit or its rendering according to approved planning documentation;
(d) the creation of conditions for the necessary access to land and construction;
(e) the creation of conditions for the location or proper operation of the State Observation Network's facilities, which shall determine the state of the environment.
(3) The public interest in expropriation for the purposes referred to in paragraph 2 must be demonstrated in the expropriation procedure. The buildings referred to in paragraph 2 (a) shall be considered as buildings intended for public utility services and for public technical equipment of the territory supporting its development and environmental protection, which shall be defined by the authorising authority in a binding part of the planning documentation (construction for waste disposal, water supply, waste water removal and cleaning, public transport, public education, public administration, etc.). ';
36. In Paragraph 109 (1), the words "or withdrawal or limitation of the right of personal use of the land 'are deleted.
37. Paragraph 109 (2) reads as follows:
"(2) The property right to land and buildings is transferred by expropriation to the appellant. Expropriation shall cease all other rights to the expropriated land and buildings unless otherwise specified in the decision; This does not apply to the right to use apartments and non-residential premises which do not cease to be expropriated. '
38. Paragraph 109 (3) shall be deleted.
39. in Paragraph 110 (1), the second sentence is deleted.
40. In Paragraph 110 (2), the second sentence is deleted.
Paragraph 111 (3) reads as follows:
"(3) If, in the course of the expropriation procedure between the existing owner and those whose rights on the expropriated land or construction are binding on the expropriation, there is no agreement on the distribution of the refund, the applicant shall pay compensation in the court within whose perimeter the land or construction lies. The Court of First Instance shall decide on the satisfaction of such claims, taking into account in particular that the safeguarding of lien claims is not jeopardised. '.
Paragraph 112 (2) reads as follows:
"(2) The expropriation procedure shall be initiated on a proposal from a public authority, a legal or natural person, to use the subject of expropriation for the purpose for which it is expropriated. Where the appellant is the competent authority for the expropriation procedure, the Appellate Body shall determine which other construction office within its jurisdiction shall carry out the procedure and issue a decision on expropriation. ';
43. In Paragraph 113 (2), the second sentence is deleted.
44. Paragraph 113 (4) shall be deleted.
45. the second sentence shall be deleted in Paragraph 115 (2).
46. Paragraph 115 (3) shall be deleted.
47. Paragraph 116 (1) reads as follows:
"(1) At the request of the party to whom the land or construction has been expropriated, the construction office shall revoke, in whole or in part, the decision to expropriate the land or construction rights if it has not been initiated within the prescribed period, for the purpose for which it was expropriated. An application for revocation of the expropriation decision may be made at any time after the expiry of the period referred to in Article 115 (2), provided that the land or construction is not used for the purpose for which it was expropriated. Before the expiry of that period, the application may be lodged only if the territorial decision determining the use of the land or construction for that purpose has expired or has been revoked. These rights must be conferred on the party in the expropriation decision by the construction office. '
48. In Article 126 (1), the words "and comma" shall be replaced by the words "and the words" State professional occupational safety oversight "; the words" and waste and commercial business "shall be inserted after the words" fire protection. "
(49) Paragraph 126 shall be added to paragraph 4:
"(4) Proposals referred to in the Specific Regulations (12a) shall support a proposal for a decision on the location of the construction or a decision on the use of the territory by assessing their environmental impact by the competent authority of the State administration. 12b) Without this assessment, no territorial decision may be taken. ';
50. Paragraph 134, including the title, reads:
Entry into foreign land and buildings
(1) Workers and officials of municipal offices, building offices and other public authorities may be entrusted with entering and leaving foreign land, buildings and buildings with the knowledge of their owners, provided that they carry out the acts of this Act affecting such land and buildings; in so doing, they must ensure that their use is minimised and that their activities do not cause damage that can be prevented. Entry authorisation shall be accompanied by a separate licence.
(2) Where necessary, experts and interested parties invited by that person may also enter and enter the buildings and buildings referred to in paragraph 1 with the person entitled to enter the land.
(3) In the case of acts pursuant to Sections 91, 94 and 96 of this Act to avert or cause significant damage to the hazards caused by defects in construction, which threaten the safety, life or health of persons, persons authorised to enter, build and enter the premises referred to in paragraph 1 may enter them without the knowledge of the owner. They shall, however, be obliged to notify it without delay of any action taken.
(4) Where there is doubt as to the scope of the authorisation, the construction office shall decide on a case-by-case basis.
(5) The duration and scope of the authorisation on foreign land and construction must be limited to the extent strictly necessary. If, in an activity involving damage to the property or construction, it has to be stated, if possible, in its original state; otherwise the general rules on compensation shall apply. 12c)
(6) Specific provisions on restrictions or necessary authorisations to enter land or buildings within the defence interests of the State or of any other important State interest shall not be affected. '.
51. the last sentence of Paragraph 135 (2) shall be deleted.
52. In Article 139 (1), the text under (a) and (c) shall be deleted and the current text under (b) and (d) shall be renumbered as (a) and (b).
53. Article 139 shall be added to paragraphs 5, 6, 7, 8 and 9:
"(5) Where the term" organisation 'or "socialist organisation' is used in this Act, this shall mean legal persons and natural persons engaged under special rules. 17a)
(6) If the name of the National Security Corps is used in this Act, this means the Federal Police Force, the Police of the Czech Republic and the Police Force of the Slovak Republic.
(7) The competence of the Federal Ministry of Technical and Investment Development in the field of zoning and construction rules is exercised by the Federal Committee on the Environment, unless otherwise provided for by the law. 17b)
(8) The powers of the Federal Ministry of Fuel and Energy under this Act are exercised by the authorities of the Republics under the laws of the National Councils.
(9) If this law states the competence of central government bodies of Republics and national committees, this means the competence of the competent authorities of the state administration of Republics and municipalities under the laws of the Czech National Council and the Slovak National Council. 17c) '.
54. In Paragraph 143 (1), the words "possibly in agreement with the Federal Ministry of Labour and Social Affairs on the remuneration of individual designers" shall be deleted in point (l).
55. Paragraph 143 (1) (m) shall be deleted.
56. Paragraph 143 (3) shall be deleted.
57. In Article 143, paragraphs 4 and 5 are renumbered paragraphs 3 and 4.
1. Paragraph 46a shall take effect on the date of application of the special provisions referred to in Paragraph 46a (3).
2. Legal and natural persons operating under special regulations that do not ensure the performance of selected activities under construction by personnel with a prescribed certificate of professional competence (authorisation) may not carry out such activities after the period laid down in the special regulations referred to in § 46a (3).
3. On the date when the specific provisions referred to in § 46a (3) are applied, Sections 43, 45 and 46 and Decree No. 8 / 1983 Coll., on the special eligibility for certain activities in construction, Decree No. 73 / 1987 Coll., amending and supplementing Decree No. 8 / 1983 Coll. and Decree No. 186 / 1990 Coll., on the authorisation for project activities are deleted.
They shall be deleted:
1. decree of the Federal Ministry of Technical and Investment Development No. 86 / 1976 Coll., on the certification of the suitability of products for construction works,
2. the Federal Ministry of Technical and Investment Development Decree No. 87 / 1976 Coll., on Product Information for Construction Parts,
3. decree of the Federal Ministry of Technical and Investment Development No. 95 / 1977 Coll., on characterisation under construction,
4th Decree of the State Commission for Scientific, Technical and Investment Development No. 105 / 1985 Coll., on Experimental Verification in Construction,
5th Decree of the State Commission for Scientific, Technical and Investment Development No. 43 / 1990 Coll., on Project Preparation of Buildings,
6. the Federal Ministry of Technical and Investment Development Directive No 2 / 1972 of 15.2.1972 on systems of technical economic indicators in investment construction, reg.
7. guidelines of the Federal Ministry of Technical and Investment Development of 15.2.1972 for the creation of systems of technical economic indicators in investment construction, reg.
8. the Federal Ministry of Technical and Investment Development Directive No. 4 / 1973 of 11.12.1973 concerning the requirement of a minimum permissible energy efficiency certificate for certain appliances supplied for investment construction, reg.
9. the Decree of the Federal Ministry of Technical and Investment Development and the Federal Ministry of Finance No. 3 / 1974 of 29.10.1974 on the procedure for the provision of project materials for non-standard deliveries, reg. amount 27 / 1974 Coll.,
10. guidelines of the Federal Ministry for Technical and Investment Development No 14 / 1977 of 28.10.1977 for the processing of investment programmes of complex residential construction, reg. amount 28 / 1977 Coll.,
11. Directive No 2 / 1980 of the Federal Ministry of Technical and Investment Development of 2.4.1980 amending and supplementing the Federal Ministry of Technical and Investment Development of 15.2.1972 on the systems of technical economic indicators in investment construction, reg. 1 / 1981 Coll.,
12. yield of the Federal Ministry of Technical and Investment Development No 6 / 1980 of 16.5.1980 on setting limits on the costs of modernising the housing fund, reg. amount 14 / 1982 Coll., as amended by Decree of the Federal Ministry of Technical and Investment Development No 11 of 4.11.1982, reg. amount 3 / 1983 Coll. and Decree of the Federal Ministry of Technical and Investment Development No 10 of 14.9.1983.
13. decree of the Federal Ministry of Technical and Investment Development No 13 / 1980 of 29 December 1980 on the principles for the integration of television cable distribution into complex housing, reg. Sb. Sp. 4 / 1981 Coll., as amended by the Decree of the State Commission for Scientific, Technical and Investment Development, the Ministry of Forestry and Water Management and the Ministry of Forestry and Wood Management SSR No. 227 / 1988 Coll.,
14. yield of the Federal Ministry of Technical and Investment Development No 10 / 1982 of 29.9.1982 on the design of metal supporting structures in the preparatory and project documentation of buildings, reg. amount 33 / 1982 Coll.,
15. the Decree of the Federal Ministry of Technical and Investment Development No 11 / 1982 of 4.11.1982 amending and supplementing the Decree of the Federal Ministry of Technical and Investment Development No 6 of 16.5.1980 on the setting of the cost limits for modernisation of the housing fund, reg. amount 3 / 1983 Coll., as amended by the Decree of the Federal Ministry of Technical and Investment Development No 10 of 14.9.1983,
16. decree of the Federal Ministry of Technical and Investment Development No 19 / 1982 of 30 December 1982 on the modification of relations between construction participants in the preparation and implementation of cooperative residential construction as part of complex residential construction, reg. amount 13 / 1983 Coll.,
17th Decree of the Federal Ministry of Technical and Investment Development and the State Planning Commission No. 8 / 1983 of 10.6.1983 on the adjustment of costs in documentation of buildings to the price level valid from 1.1.1984 and on related measures, reg. amount 23 / 1983 Coll.,
18th Decree of the State Commission for Scientific, Technical and Investment Development No. 4 / 1985 of 4.11.1985 for the provision of investments of connections that are subject to complex housing construction, reg. Sum 36 / 1985 Coll.,
19th Decree of the State Commission for Scientific, Technical and Investment Development No 3 / 1988 of 30 December 1988 for the provision of information for the management of the price development of project works and engineering activities under construction, reg.
This Act shall take effect on 1 July 1992.
Havel v. r.
Dubček v. r.
CHF
1) Section 16 of the ČNR Act No. 367 / 1990 Coll., on Municipality (municipal establishment), as amended. Section 6 of the SNR Act No. 369 / 1990 Coll., on municipal establishment, as amended.
4 (a) Sections 20 and 24a of Act No. 30 / 1968 Coll., on State Testing, as amended by Act No. 54 / 1987 Coll. (Full version No. 84 / 1987 Coll.). Act No. 174 / 1968 Coll., on State Professional Safety Supervision, as amended.
10a) § 128 (2) of the Civil Code.
12a) For example Act No. 17 / 1992 Coll., on the Environment.
12b) § 21 paragraph 1 of Act No. 17 / 1992 Coll.
12c) § 420 et seq. of the Civil Code.
17a) Act No. 513 / 1991 Coll., Commercial Code. Act No. 455 / 1991 Coll., on Business Business.
17b) § 77 (b) and (c) of Act No. 297 / 1990 Coll., amending and supplementing Act No. 194 / 1988 Coll., on the jurisdiction of federal central government bodies.
17c) For example, Act ČNR No. 367 / 1990 Coll., Act ČNR No. 425 / 1990 Coll., on District Offices, the modification of their responsibilities and on certain other measures related thereto, as amended, Act ČNR No. 418 / 1990 Coll., on the Capital City of Prague, Act ČNR No. 2 / 1969 Coll., on the Establishment of Ministries and other Central Authorities of the Czech Socialist Republic, as amended, Act SNR No. 369 / 1990 Coll., Act SNR No. 347 / 1990 Coll., on the Organisation of Ministries and other Central Authorities of the Slovak Republic, as amended, Act SNR No. 595 / 1990 Coll., on the State Administration for the Environment, Act SNR No. 96 / 1990 Coll., on the Establishment of the Slovak Commission for the Environment and on Changes in the Ministry of the Slovak Republic, Act No 377 / 1990 Coll.
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Regulation Information
| Citation | Act No. 262 / 1992 Coll., amending and supplementing Act No. 50 / 1976 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended by Act No. 103 / 1990 Coll. |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 10.06.1992 |
|---|---|
| Effective from | 01.07.1992 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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