What is Act No 284 / 2021 Coll.?

Act No. 284 / 2021 Coll., amending certain laws in connection with the adoption of building law — Law amending certain laws in connection with the adoption of building law.

When it became Act No 284 / 2021 Coll. effectiveness?

Act No 284 / 2021 Coll. became effective 01.01.2024.

Is Act No 284 / 2021 Coll. still valid?

Yes, Act No 284 / 2021 Coll. is still valid and effective.

How many times was it Act No 284 / 2021 Coll. amended?

Act No 284 / 2021 Coll. has 9 time versions of the text.

Act No 284 / 2021 Coll.

Law amending certain laws in connection with the adoption of building law

Valid Law Effective from 01.01.2024

Text versions: 01.01.2024 23.07.2023 01.07.2023 01.03.2023 01.01.2023 All versions (8)

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284

THE LAW

of 13 July 2021

amending certain laws in connection with the adoption of building law

Parliament has decided on this law of the Czech Republic:

ČÁST DRUHÁ

Amendment of the Fire Protection Act

Čl. II

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. 320 / 2011 Coll., Act No. 229 / 2012 Coll., Act No. 225 / 2017 Coll., is amended as follows:

1. The following Sections 8 and 9 are inserted after Section 7:

„§ 8

(1) Social services facilities providing social services in the form of residential services under the Social Services Act must be equipped with:

(a) by electric fire signalling, where the accommodation capacity of this facility is above 50 persons;

(b) an autonomous detection and signalling facility where the accommodation capacity of that facility is 50 persons or less, unless it is equipped in accordance with (a).

(2) Where more than one social service facility is operated in the construction, which provides social services in the form of residence services under the Social Services Act and the sum of the accommodation capacity of such facilities is above 50 persons, the procedure referred to in paragraph 1 (a) shall be followed.

(3) At the request of an electrical fire alarm operator in the part of the construction where the social service referred to in paragraph 1 is provided, the fire department of the region shall attach the electrical fire alarm referred to in paragraph 1 (a) by means of a remote transmission device to the counter of centralised protection located at the Regional Operations and Information Centre of the Fire Rescue Corps of the region, upon fulfilment of the conditions for such connection.

(4) The Fire Safety Corps of the Region shall examine the application referred to in paragraph 3 and inform the applicant in writing of the conditions under which the connection can be made. The contract to connect electrical fire alarms to the centralised protection counter shall include in particular the designation of the contracting parties and the conditions for connecting electrical fire alarms to the centralised protection counter. One-off connection fee and monthly connection price for electric fire alarm to the centralised protection counter are not required.

§ 9

(1) An immovable national cultural monument, which is equipped with an electric fire alarm, can be connected, at the request of the fire alarm operator, by means of a remote transmission device to a centralised protection counter located at the Regional Operations and Information Centre of the Fire Rescue Corps of the Region.

(2) The Fire Safety Corps of the Region will examine the application and inform the applicant in writing of the conditions under which the connection can be made. The contract to connect electrical fire alarms to the centralised protection counter shall include in particular the designation of the contracting parties and the conditions for connecting electrical fire alarms to the centralised protection counter. One-off connection fee and monthly connection price for electric fire alarm to the centralised protection counter are not required.

(3) The real cultural monument referred to in the Agreement concluded by the General Directorate of the Fire Rescue Corps of the Czech Republic (hereinafter referred to as the "Directorate-General") and the Ministry of Culture can be connected to the counter of centralised protection located at the Regional Operations and Information Centre of the Fire Department of the Region under similar conditions as the real estate of the national cultural monument. "

2. In Article 17 (4), the words "pursuant to Article 35 'are deleted.

3. in Article 24 (1) (t), the words "in common territorial and building proceedings" shall be deleted;

4. In Paragraph 26 (1), the words "fire brigade (Directorate-General) 'are deleted.

6. in Paragraph 31 (1) (e):

"(e) by approving the assessment of the fire risk of activities and the approval of the firefighting documentation;"

7. Paragraph 31 (3) reads as follows:

"(3) The assessment of the supporting documents, documentation and verification of compliance with the requirements laid down in paragraph 1 (b) and (c) shall result in a binding opinion by the competent authority on the fire protection section, which shall serve as the basis for the management or other procedure under the building law."

8. In Article 31 (4), the words "paper copies' are replaced by the words" in the same form as the application under the Construction Act '.

9. In Article 31, paragraphs 5 and 6 are added:

"(5) The assessment referred to in paragraph 1 (b) shall be carried out to the extent of a fire safety solution under special legislation (13) or to the extent of a similar document which is sufficient to assess the fire safety of the building, only in the case of structures or equipment for which state fire control is carried out.

(6) The competent administrative authority responsible for the revocation, confirmation or amendment of a binding opinion issued in accordance with paragraph 3 shall be the fire department of the county for the construction of:

(a) within the scope of Section 39 (1) (c), the Director of the Fire Rescue Corps of the Region;

(b) within the scope of Section 39 (1) (d) of the Directorate-General. "

10. In Part Two, the third section, including the title and footnote 15, is added:

„Oddíl třetí

Construction categorisation in terms of fire safety

§ 39

(1) In terms of fire safety and the protection of the population, the construction is divided into:

(a) construction of category 0, not presenting special hazards;

(b) construction of category I, presenting a slight danger;

(d) construction of category III, which presents a high risk.

(2) The implementing act shall lay down the criteria and characteristics of the construction for its classification in the category referred to in paragraph 1. A characteristic of the construction is the construction technical parameter and its location. Criterion

(a) the requirement for construction in respect of the conditions of evacuation;

(b) the risk of construction in which a flammable or fire-resistant substance or other similarly dangerous substance is produced, processed, used, transported or stored; and

§ 40

(1) State fire surveillance is not carried out within the scope of § 31 (1) (b) and (c) for construction categories 0 and I.

(2) For the construction referred to in § 39 (1) (b), (c) or (d), a fire-safety solution shall be processed in accordance with the special legislation13). In a fire safety solution, its processor demonstrates the conformity of the proposed construction project with the technical conditions of fire protection for the design of structures laid down by implementing legislation15).

(3) For the processing of a fire safety solution for construction of categories I and II, a person authorised for the field of fire safety of construction is authorised under the special legislation (12).

(4) For the processing of a fire safety solution for category III construction, a person authorised for the field of fire safety of construction pursuant to special legislation (12) is authorised to do so at the same time, and has been granted specialisation within that field under special legislation (12).

15) Decree No. 23 / 2008 Coll., on technical conditions for fire protection of buildings, as amended by Decree No. 268 / 2011 Coll. '.

11. in § 99, the words "which satisfy the conditions laid down in § 40 (4)" shall be inserted after the words "building safety";

12. in § 101 (a), the text "§ 39 (2)" is inserted after the text "§ 31a,"

Čl. III

Transitional provisions

1. Proceedings and other procedures initiated before the date of entry into force of this Act shall be completed and the rights and obligations relating thereto shall be assessed in accordance with legislation effective from the date of entry into force of this Act.

3. Social services providing social services in the form of residential services before the date of entry into force of this Act must ensure that the obligations laid down in paragraphs 1 and 2 of Article 8 are fulfilled within 3 years of the date of entry into force of this Act. Additional fire safety requirements are not affected by this.

4. Social services providing social services in the form of residence services before the date of entry into force of this Act must be equipped with an electric fire alarm in the part of the construction in which the service is provided, provided that similar social care is provided by another operator and the total of accommodation capacity is over 50 persons.

5. A person who fulfils the conditions laid down in Section 40 (3) of the Fire Protection Act is entitled for a period of 5 years from the entry into force of this Act to process fire safety solutions for construction category III and apply a different procedure under Section 99 of the Fire Protection Act.

6. A person authorised to process a fire-safety solution under existing legislation shall be entitled to process fire-safety solutions of categories I and II for a period of 2 years after the entry into force of this Act.

ČÁST TŘETÍ

Amendment to the Act on State Monument Care

Čl. IV

Act No. 20 / 1987 Coll., on State Heritage 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. 183 / 2004 Coll., Act No. 186 / 2004 Coll., Act No. 203 / 2006 Coll., Act No. 158 / 2007 Coll., Act No. 142 / 2012 Coll., Act No. 143 / 2008 Coll.

1. In Paragraph 6a (1), the words "zoning authority 'are replaced by the words" zoning authority' and the words "decision or 'are inserted after the words" in advance'.

2. footnote 1 shall read:

"1) Act No. 283 / 2021 Coll., Construction Act. '.

3. In Paragraph 6a (2), the first sentence is deleted.

4. In Article 6a (5), the words "submission of a proposal pursuant to Article 17 (5) 'are replaced by the words" initiation of a procedure under Article 17 (4)'.

6. Paragraph 11 (1) is deleted.

Paragraphs 2 and 3 shall be renumbered paragraphs 1 and 2.

7. footnote 2a is deleted, including the footnote references.

8. In Article 14 (1), the words "Decision or" shall be inserted after the words "Decision or" and after the word "memory," the words "Decision or" shall be inserted.

9. Paragraph 14 (2) reads as follows:

"(2) The owner (administrator, user) of a property which is not a cultural monument, but is in a conservation or conservation zone, is obliged to require prior decision or binding opinion of the municipality's municipal authority with extended scope, unless this obligation is excluded under the Act of construction, removal of timber or maintenance work on that property."

10. In the first sentence of Paragraph 14 (3), the words "decision or 'and the words" basic' shall be deleted and in the second sentence the words "Basic conditions' shall be replaced by the words" Conditions'.

11. in Article 14, paragraphs 4 and 5, including footnote 9, are deleted;

Paragraphs 6 to 10 shall be renumbered paragraphs 4 to 8.

12. In the first sentence of Article 14 (4), the words "Decision or 'shall be inserted after the words" Decision or' and the words "Decision or 'shall be inserted after the words" Decision or'.

13. In the first sentence of Article 14 (5), the words "Preparation and project documentation 'are replaced by the words" Documentation', the words "landscaping, location or removal of equipment, removal of construction, modification of timber or maintenance work 'are replaced by the words" landscaping, location or removal of advertising equipment, location or removal of advertising or information vouchers, unless the term "Decision or' and the second sentence is deleted.

14. In Paragraph 14, the following paragraph 8 is inserted after paragraph 7:

"(8) The State Monument Care Authority shall issue a binding opinion pursuant to paragraph 1 or 2 in cases where it follows its procedure under the building law of the Building Office; in other cases, a decision shall be taken by the State Heritage Authority. ';

Paragraph 8 shall become paragraph 9.

15. In the second sentence of Article 15 (4), the words "maintenance work or necessary modifications or to the regulation of urgent security work under specific regulations' are replaced by the words" corrective measures' and the last sentence is deleted.

16. in Paragraph 17 (1):

"(1) If it is required to protect a real-estate cultural monument, a real-estate national cultural monument, a monument reservation, a monument zone or an environment, the municipal authority of the municipality, with extended competence, will issue measures of a general nature on the protection zone after the expression of the professional organisation of state conservation care. In the protection zone, the municipality may restrict or prohibit certain activities or take other appropriate measures. At the same time, in a general measure, the municipal authority of the municipality may determine for which properties in the protection zone, if they are not a cultural monument, or for which types of work on them, including the modification of timber, are excluded from the obligation to assess the interests of State conservation care under § 17a (1); This obligation is always excluded if it is an intention under a building law, the execution of which does not interfere in any way with the external appearance of the property. '

17. in Article 17, paragraph 3 is deleted;

Paragraphs 4 to 7 shall be renumbered paragraphs 3 to 6.

18. in Paragraph 17 (3), "1, 2 and 3" is replaced by "1 and 2";

19. Paragraph 17 (4) is deleted.

Paragraphs 5 and 6 shall be renumbered paragraphs 4 and 5.

20. In Article 17 (4), the words "final decision issued pursuant to paragraph 1 or 3 'are replaced by the words" general measure referred to in paragraph 1'.

22. In the first sentence of Paragraph 22 (2), the word "construction 'is replaced by" design under construction law, removal of construction or removal of landscaping. "

23. Paragraph 23 (5) reads:

"(5) If, in connection with the implementation of the project under the building law, the construction is removed or the landscaping is removed under the building law, the archaeological findings are followed by the building law."

24. In Paragraph 25 (1), the word "a 'is replaced by a comma and at the end of the text of paragraph 1 the words" and the construction offices' are added.

25. in Article 26 (2) (c):

"(c) apply an opinion on the procurement of the territorial development plan and the principles of territorial development, the opinion on the procurement of further territorial planning documents and on the definition of the built-up territory, provided that they address the territory in which the conservation or real estate is situated or the set of real estate items listed in the World Heritage List (18b), including the provision of a change to such territorial planning documents or the definition of the built-up territory;";

26. in Article 26 (2), the following point (d) is inserted after point (c):

"(d) applies an opinion when a territorial measure on a building closure or a territorial measure on the rendering of the territory in which the monument reservation, its protection zone or real estate or a set of immovable property listed in the World Heritage List (18b) or its protection zone is situated;"

Points (d) to (k) shall be renumbered as points (e) to (l).

27. in Article 26 (3), the words "in common territorial and building proceedings" are replaced by the words "in procedure under the building law."

29. The following Section 27b is inserted after Section 27a, including the title:

„§ 27b

Office of the President of the Republic

(1) On the territory of the national cultural monument of Prague Castle, the regional office and the municipal office of the municipality with extended competence, with the exception of the competence of the state conservation authorities in the area of planning, the Office of the President of the Republic, are responsible for the national cultural heritage. The Office of the President of the Republic may also request such expression in cases where the Act provides for an obligation for the Regional Office or the Regional Office of the Municipality with extended competence to request the expression of an expert organisation of state conservation.

(2) The Ministry of Culture is the competent authority of the President's Office of the Republic on the State Heritage Department.

(3) Archaeological research in the territory referred to in paragraph 1 shall be carried out by the Archaeological Institute. "

31. in Article 28 (2) (c) and (d):

"(c) applies an opinion on the procurement of the zoning plan, the regulatory plan and the definition of the built-up territory, where they are addressed by the territory in which the national cultural monument or monument zone is situated, if the authority concerned is not the Ministry of Culture, and the authority concerned is the Ministry of Culture when making a change to such territorial planning documentation;

(d) apply an opinion on the issue of a zoning measure on the construction closure or zoning measure on the rendering of the territory in which the national cultural monument, its protection zone, the zoning zone or its protection zone is situated, if the authority concerned is not the Ministry of Culture, ';

32. in Article 28 (2), the following point (e) is inserted after point (d):

"(e) is the body concerned to ensure an unforeseen archaeological finding, a finding of a culturally valuable object or a detail of the construction which occurred during the preparation or implementation of the restoration of the national cultural monument under the building law;"

Points (e) to (g) shall be renumbered as points (f) to (h).

33. footnote 19 is deleted, including the footnote references.

34. In Article 28, the following paragraph 3 is added:

"(3) In the performance of its tasks, the Regional Office relies on the technical assistance of the professional organisation of state conservation."

35. in Article 29 (2) (b), the word "reservation," shall be replaced by "reservation or" and the words "or in the protection zone (§ 17)" shall be deleted;

37. in Article 29 (2), the following points (d) and (e) are inserted after point (c):

"(d) applies an opinion on the issue of a zoning measure on the closure and zoning of the territory, unless the authority concerned is the Ministry of Culture or the Regional Office;

(e) it is the body concerned to ensure an unforeseen archaeological finding, a finding of a culturally valuable object or a detail of a building which occurred during the preparation or implementation of the restoration of a cultural monument under a building law or in the preparation or execution of works under a building law on real estate which is not a cultural monument but is located in a conservation or conservation zone; ';

Points (d) to (i) shall be renumbered as points (f) to (k).

38. in Paragraph 29 (2) (i):

"(i) to supervise the restoration of cultural monuments from the point of view of state conservation and the construction, change of construction, landscaping, location or removal of advertising equipment, location or removal of advertising binder, unless it is an advertising facility under the building law, removal of construction, modification of timber or maintenance work on real estate that is not a cultural monument but is in a conservation or conservation zone,";

40. in Article 32 (2), the following point (j) is inserted after point (i):

"(j) has the right, for the purposes of procedures under this Act, to access the registration of construction processes and the registration of electronic documentation under the Construction Act,";

Point (j) shall be renumbered as point (k).

42. In Article 35 (1) (d), the words "Decision or" shall be inserted after the words "Decision or";

43.In Paragraph 35 (1) (f):

"(f) carry out construction, modification of construction, landscaping, location or removal of advertising equipment, location or removal of advertising vouchers, unless the advertising equipment is covered by the construction law, removal of construction, modification of timber or maintenance work on real estate which is not a cultural monument, but is in the conservation or conservation zone, without decision or binding opinion of the municipality's municipal authority with extended scope pursuant to Article 14 (2) or does not comply with the conditions set out in this Decision or binding opinion, unless it is for the exclusion of the obligation of the owner (administrator, user) to request a decision or binding opinion."

45. in Article 35 (3) (b), the words "Decision or" shall be inserted after the words "Decision or";

46. In Article 35 (5), the words "carrying out archaeological research 'are replaced by the words" research'.

48. in Paragraph 35 (6) (b), "2" is replaced by "3, 4 or 5."

54. in Article 39 (1) (d), the words "Decision or" shall be inserted after the words "Decision or";

55. in Paragraph 39 (1) (f):

"(f) carry out the construction, modification of construction, landscaping, location or removal of advertising equipment, location or removal of advertising vouchers, unless the advertising equipment is covered by the building law, removal of the construction, modification of timber or maintenance work on real estate, which is not a cultural monument, but is in a monument reservation or monument zone, without decision or binding opinion of the municipal authority with extended scope pursuant to Article 14 (2) or does not comply with the conditions set out in this Decision or binding opinion, unless it is a case of exclusion of the obligation of that owner (the administrator, user),"

57. in Article 39 (3) (b), the words "Decision or" shall be inserted after the words "Decision or";

58. In Paragraph 39 (5), the words "carrying out archaeological research 'are replaced by the words" research'.

60.In Paragraph 39 (6) (b), "2" is replaced by "3, 4 or 5."

65. In § 43a (1) of the introductory part of the provision, in § 43a (2) of the introductory part of the provision and in § 43a (3) of the introductory part of the provision, the words "the construction office" shall be inserted after the word "the scope,"

66.Paragraph 44a (3) reads:

"(3) Consent pursuant to Paragraph 18 (1), where it is issued by the Regional Office on a case which the construction office is not competent to decide under a specific law, is a decision in an administrative procedure, otherwise it is a binding opinion. '

68.

„§ 45

The Ministry of Culture shall issue orders for the implementation of Sections 3 (6), 6 (2), 6 (6), 7 (5), 8 (5), 10 (3), 14 (9), 16 (3), 17 (5), 20 (5), 23 (4), 23 (5), 27 (5), 29 (4) and 31 (6). '

Čl. V

Transitional provisions

1. When changing the protection zone of a real cultural monument, a real national cultural monument, a monument reservation or a monument zone, which has been defined according to the existing legislation, shall be treated in accordance with Section 17 of Act No. 20 / 1987 Coll., as effective from the date of entry into force of this Act.

2. Proceedings and other procedures initiated before the date of entry into force of this Act shall be completed and the rights and obligations relating thereto shall be assessed in accordance with legislation effective from the date of entry into force of this Act.

3. Decisions, binding opinions, opinions, endorsements and other observations issued before the date of entry into force of this Act as a basis for the adoption of a decision under Act No. 183 / 2006 Coll., as effective before the date of entry into force of this Act, shall be regarded as a decision, binding opinion, opinion, consent or expression under the legislation effective from the date of entry into force of this Act.

ČÁST ČTVRTÁ

Amendment of the Mining Act

Čl. VI

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. 2016 / 2005 Coll., Act No. 0.

1. In Article 15 (1), the word "processors' is replaced by the word" designers' and the words "through territorial analysis' are inserted after the word" Republic '.

2. In the first sentence of Paragraph 15 (2), the words "territorial development policy," shall be deleted.

3. Paragraph 17 (5) reads as follows:

"(5) The border of the protected bearing area shall be marked by the designer of the land planning documentation in the coordination drawing. ';

4. In Paragraph 18 (1), the words "binding opinion (8) of the institution concerned 'are replaced by the words" expression of the Circular Mining Authority'.

footnote 8, as amended by "§ 149 (1) of Act No. 500 / 2004 Coll., Administrative Regulation. 'is deleted.

Footnote 8, as amended by "Decree of the Czech Mining Authority No. 56 / 1982 Coll., which defines the circumference of the Circular Mining Authorities." is deleted.

5. In Article 19 (1), the words "binding opinion (8) of the Delegated Authority, issued after consultation with the Circular Mining Authority 'are replaced by the words" expression of the Circular Mining Authority'.

6. Paragraph 19 (2) and (3) are deleted and paragraph 1 is deleted.

7. The heading of Section 23 reads: "Mining works and mining structures."

8. Paragraph 23 (1) reads as follows:

"(1) Mining works and mining structures below the surface are authorised by the State Mining Authority."

9. In Section 23 (2) of the Introductory Part of the Provisions, the words "the structures referred to in paragraph 1 'are replaced by the words" mine works and mine structures below the surface'.

10. in Article 23 (2) (g), the word 'interests, 5)' is replaced by 'interests';

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Regulation Information

Citation	Act No. 284 / 2021 Coll., amending certain laws in connection with the adoption of building law
Regulation Type	Law
Author	-
Collection	Code of Laws

Date of Promulgation	29.07.2021
Effective from	01.01.2024
Effective until	-
Status	Valid

Legal Areas: Administrative law Administrative procedure Construction

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