What is Act of the Czech National Council No. 360 / 1992 Coll.?

Act of the Czech National Council No. 360 / 1992 Coll., on the pursuit of the profession of authorized architects and on the pursuit of the profession of authorized engineers and technicians active in construction (Authorisation Act) (Authorisation Act) — Act of the Czech National Council on the pursuit of the profession of authorized architects and the pursuit of the profession of authorized engineers and technicians active in construction (Authorisation Act).

Is Act of the Czech National Council No. 360 / 1992 Coll. still valid?

Yes, Act of the Czech National Council No. 360 / 1992 Coll. is still valid and effective.

Act of the Czech National Council No. 360 / 1992 Coll. - Act of the Czech National Council on the...

Q: When it became Act of the Czech National Council No. 360 / 1992 Coll. effectiveness?

Act of the Czech National Council No. 360 / 1992 Coll. became effective 07.07.1992.

360

THE LAW

Czech National Council

of 7 May 1992

on the pursuit of the profession of authorised architects and the pursuit of the profession of authorised engineers and technicians active in construction (Authorisation Act)

The Czech National Council decided on this law:

ČÁST PRVNÍ

INTRODUCTORY PROVISIONS

§ 1

This law governs

(a) the status, rights and obligations of authorised architects;

(b) the status, rights and obligations of authorised engineers and engineers active in the construction sector;

(c) the manner and conditions of authorisation,

d) the creation, competence and competence of the Czech Chamber of Architects and the Czech Chamber of Authorised Engineers and Techniques active in the construction and

(e) the conditions for the performance of selected activities under construction in accordance with European Communities law (1).

§ 2

(1) Authorization is for the purposes of this Act the authorisation of natural persons to pursue professional activities in construction or professional activities in connection with spatial and functional changes in the territory.

(2) Authorization in the relevant field or specialisation according to this Act authorises the performance of selected activities (1a) under construction. Authorization is not a condition for carrying out such activities by the persons listed in Part Six of this Act.

(3) Persons who have been authorised under this Act (hereinafter referred to as "authorised persons") are obliged to carry out their activities in accordance with this Act.

(4) Authorization under this Act is a special condition for the operation of the business. (2)

(5) Legal and natural persons operating under the relevant legislation3) may carry out selected activities under construction only if they ensure that such activities are carried out by authorised persons under this Act, unless otherwise provided for by this law.

ČÁST DRUHÁ

AUTORISATION

§ 3

Authorised persons within the meaning of this Act are:

(a) an authorized architect,

(b) an authorized engineer,

(c) authorised technician.

§ 4

Authorised architect

(1) Authorised architect is the one who has been granted authorization under this law and is listed in the list of authorized architects led by the Czech Chamber of Architects.

(2) The Czech Chamber of Architects grants the persons referred to in paragraph 1 an authorization for the fields

(a) architecture;

(b) spatial planning;

(c) landscape architecture.

(3) The authorisation referred to in paragraph 2 (a) authorises the activities referred to in Article 17 (b), (c), (e) to (n) of this Law. The authorisation referred to in paragraph 2 (b) authorises the activities referred to in Article 17 (a), (b), (g), (h), (m) and (n) of this Act. The authorisation referred to in paragraph 2 (c) authorises the activities referred to in Article 17 (b), (d), (e), (f), (g), (h), (j), (l) to (n) of this Act. Details of the scope of the field of competence are laid down in the authorisation order issued by the Czech Chamber of Architects.

§ 5

Authorised engineer and authorized technician

(1) Authorised engineer is the one who has been granted authorization under this law and is included in the list of authorized engineers maintained by the Czech Chamber of Authorised Engineers and Technicians active in construction.

(2) Authorised technician is the one who has been granted authorization under this law and is included in the list of authorized technicians maintained by the Czech Chamber of Authorised Engineers and Technicians active in construction.

(3) The Czech Chamber of Authorised Engineers and Engineers working in the construction sector grants authorisation to persons under paragraphs 1 and 2 for the fields

(a) ground construction;

(b) transport structures;

(c) water management and landscape engineering,

(d) bridges and engineering structures,

(e) technological equipment for buildings;

(f) construction environment techniques;

(g) the statics and dynamics of the structures;

(h) urban engineering;

(i) geotechnology;

(j) fire safety of buildings;

(k) construction for the performance of the forest function.

(4) Details of the scope of the individual fields are laid down in an internal regulation issued by the Czech Chamber of Authorised Engineers and Technicians active in construction.

§ 6

Comoros are entitled to provide for sub-specialisation within the fields referred to in Sections 4 and 5. In these specialties they also grant authorisation.

Authorisation

§ 7

(1) The Czech Chamber of Architects or the Czech Chamber of Authorised Engineers and Techniques working in the construction sector (hereinafter referred to as "Chamber") will authorise the person who:

(a) is a citizen of the Czech Republic; or

(b) is a national of a Member State of the European Union, of another Contracting State of the Agreement on the European Economic Area or of the Swiss Confederation, or of another State with which the European Union has concluded an agreement on the mutual recognition of professional qualifications of architects (hereinafter referred to as "the Member State") or of its family members 3a, or is a national other than a Member State, provided that:

1. the status of long-term resident in the European Community3b has been granted in the Czech Republic or another Member State;

2. in the Czech Republic, residence for the purpose of scientific research3c has been authorised;

3. asylum or supplementary protection has been granted in the Czech Republic or is a family member of the person referred to in point 1 or 2, provided that he has been granted long-term residence in the Czech Republic (3d) or has been granted asylum or supplementary protection for the purpose of merging the family (3e);

4. stay in the Czech Republic or another Member State has been allowed for the purposes of study, exchange of pupils, unpaid training or voluntary services3f);

5. residence in the Czech Republic or another Member State has been granted because it is a victim of trafficking in human beings or has received assistance for illegal immigration and is working with the competent authorities 3g); and

(c) is fully competent;

(d) is fair,

(e) obtain the required education,

(f) has carried out professional practice at the prescribed length;

(g) successfully passed the proficiency test;

h) made a prescribed promise.

(2) Within six months of receipt of a written or electronic application, the Chamber shall allow any tenderer who has fulfilled the conditions referred to in points (a) to (f) of paragraph 1 to test his competence.

(3) The Chamber shall allow the composition of the required promise to any applicant for authorisation who has fulfilled the conditions set out in points (a) to (g) of paragraph 1 within one month of the successful examination of competence.

(4) Authorisation shall be granted on the date on which the required promise is lodged.

(5) Those who have not been granted authorisation for failure to comply with the conditions laid down in paragraph 1 may again apply for authorisation after at least one year.

(6) A person who has been withdrawn from authorisation pursuant to Article 10 (2) (b) may apply for authorisation not earlier than three years after the date on which the decision to withdraw authorisation was taken.

§ 8

(1) For the purposes of this law, a person who has been convicted of a final sentence shall not be deemed to be righteous.

(a) for an offence the facts of which relate to the exercise of professional activity under this law;

(b) for another offence committed intentionally where, in view of the person seeking authorisation, there is a concern that he or she will commit the same or similar offence in the performance of the activity of the authorised person.

(2) Training under Section 7 (1) (e) means, for each type of authorisation:

(a) for authorizations under § 3 (a) of higher education 3h) obtained by study in architecture in the Master's study programme; for authorisation for the field referred to in Section 4 (2) (a), education must fulfil the conditions set out in points 1.2 and 1.3 of the Annex;

(b) for authorizations under § 3 (b) of higher education 3h) obtained by study in the field referred to in § 5 (3) or by related study in the Bachelor's study programme with a standard study period of at least four years or in the Master's study programme;

(c) for authorizations under § 3 (c) of higher education 3h) obtained by study in the field referred to in § 5 (3) or by related study, in the Bachelor's degree programme or Master's degree programme, or by secondary or higher vocational training in a similar course 3i).

(3) In justified cases, the Chamber may also recognise as education in accordance with paragraph 2 the education of a related field or direction.

(4) In exceptional cases supported in particular by the successful professional activity of the tenderer, the Chamber may authorise an exemption from the prescribed education.

(5) In justified cases, the Chamber may allow an exemption from the requirement under Article 7 (1) (a) or (b).

(6) The duration of the professional experience referred to in Article 7 (1) (f) is prescribed for each species or, where appropriate, the scope of authorisation as follows:

(a) at least three years for authorizations in the fields referred to in Article 4 (2), if the candidate is a graduate of the Master's study programme, at least five years if the candidate is a graduate of another related education;

(b) at least three years for authorizations in the fields referred to in Article 5 (1), if the candidate is a graduate of the Master's study programme, at least five years if the candidate is a graduate of the Bachelor's study programme or other related education;

(c) at least three years for authorization in the fields referred to in Article 5 (2) if the applicant has the required university education in the Master's or Bachelor's course programme and at least five years if the applicant has the required secondary education.

(7) The subject of the proficiency test shall be the verification of the knowledge needed to carry out the relevant professional activities, in particular:

(a) verification of professional knowledge, unless they are part of the candidate's recognised professional education;

(b) verification of the knowledge of the legislation in force governing the exercise of the relevant professional activities or related activities, as appropriate.

(8) The required field of education and the type of school, the content of the proficiency tests, the content of the professional experience, the form of the certificate of authorisation shall be determined by the Chamber for each field and specialisation. The authorisation fee for a proficiency test in one or more fields is fixed uniformly, regardless of field and specialization, in the amount of CZK 3,500. The fee shall be paid on the day of the test.

(9) The text of the promise is as follows:

(a) "I promise on my civil honor and conscience that as an authorized architect, I will strive to create good architectural works in my work, honor the interests of clients as well as public interests, respect natural and cultural values and will always follow the professional ethics of an architect."

(b) "I promise in my civil honour and conscience that, as an authorized engineer, I will strive in my work to create quality building works, to honor the interests of clients, as well as public interests, to respect natural and cultural values and will always follow the professional ethics of an authorized engineer."

(c) "I promise in my civil honour and conscience that, as an authorized technician, I will strive to create high-quality construction works, honor the interests of clients, as well as public interests, respect natural and cultural values, and will always follow the professional ethics of an authorized technician."

§ 9

(1) The Chamber shall enter the person who has been authorised in the list of authorised persons maintained by the Chamber and issue an authorisation certificate with a marked field, possibly specialisation and stamp with a small national emblem of the Czech Republic 3j) (hereinafter referred to as the "authorisation stamp") and an authorisation to issue an electronic authorisation stamp pursuant to § 13 (3).

(2) The management of the list of authorised persons and the written documentation relating to authorised persons shall be governed by specific legislation.

Termination, withdrawal and suspension of authorisation

§ 10

(1) Authorization shall cease if the authorised person dies or is declared dead.

(2) The Chamber withdraws authorisation

(a) who has been restricted to incapacity;

(b) to whom disciplinary action to withdraw authorisation has been imposed by the Chamber;

(c) to whom authorisation has been granted on the basis of incorrect or incomplete data;

(d) who gives up authorisation in writing.

(3) The Chamber shall delete the person whose authorization has expired or who has been withdrawn from the list of authorised persons.

§ 11

(1) The Chamber suspends any authorisation granted to an authorized person

(a) for the duration of the sentence of imprisonment to which she has been sentenced for an offence committed in connection with the performance of the activity of an authorized person;

(b) for the duration of the sentence to prohibit the performance of an authorised person;

(c) for the duration of the disciplinary measure suspending authorisation;

(d) if the authorised person so requests in writing.

(2) The Chamber may suspend the authorization of the authorised person

(a) criminal proceedings for an offence have been initiated against an authorised person in connection with the performance of his or her activities, pending a final decision;

(b) where the proceedings for its jurisdiction have been initiated, pending a final decision terminating the proceedings;

(c) where the authorised person has not carried out the activity for which the authorisation has been granted for at least five years, until the proficiency check provided for in Article 7 (1) (g).

(3) The Chamber will make an entry in the list of authorised persons on the suspension of authorisation.

(4) The Authorised Person is required to notify the Chamber within 15 days of any fact affecting the withdrawal or suspension of authorisation. The omission shall result in disciplinary action.

ČÁST TŘETÍ

PERFORMANCE OF AUTORISED PERSONS 'ACTIVITIES

Rights and obligations of authorised persons

§ 12

(1) The Authorised Person is responsible for the professional level of performance of all professional activities provided in connection with the authorisation granted, for the infringement of generally binding legislation in the performance of such activities and for the breach of the Chamber's internal rules. This is without prejudice to liability under the general rules.

(2) The Authorised Person is obliged to carry out the activities for which it has been authorised, in person or in cooperation with other authorised persons, as appropriate, or in cooperation with other natural persons working under its authority. This is without prejudice to the rights and obligations arising from the creation and application of inventions, designs and improvements (5).

(3) In carrying out its activities, the authorised person shall be obliged to comply with the generally binding legislation in force and the rules issued by the relevant Chamber.

(4) The Authorised Person may not exercise:

(a) the functions in which it would issue administrative decisions concerning the results of its own activities;

(b) activities which are incompatible with the activity of an authorised person under the generally binding legislation in force and those of the Chamber.

(5) The Authorised Person is required to continue training and monitor the information necessary for the proper performance of his or her activities.

(6) In order to ensure the proper performance of selected activities in construction beyond the scope of the branch or specialisation to which the authorised person has been authorised, the authorised person is required to ensure the cooperation of the person with the authorization in the relevant field or specialisation.

(7) The Authorised Person is required to pay the Member States' contributions in due time.

§ 13

(1) The authorised person is entitled, according to the type of authorisation granted, to use the designation "authorized architect," "authorized engineer" or "authorized technician," in conjunction with the field designation or specialisation for which authorisation has been granted. A person who has been authorised under § 4 (2) (b) may use the term "authorised urbanist." A person who has been authorised under § 4 (2) (c) may use the term "authorized landscape architect." Authorised engineer or technician active in the field of construction implementation may use the term "authorized builder."

(2) The designation referred to in paragraph 1 and the name of the architect, if not part of the academic title, may not be used by any other person, even in conjunction with other words.

(3) The document relating to the performance of the activity of an authorised person must be:

(a) bear the signature and stamp of the authorization with the national emblem of the Czech Republic (6), on behalf of the authorised person, the number under which it is entered in the list of authorized persons kept by the Chamber and the field of registration or specialisation of its authorization,

(b) bear an electronic authorisation stamp containing a qualified electronic signature containing the name of the authorised person, the number under which it is entered in the list of authorized persons kept by the Chamber, the branch or, where appropriate, the specialisation, the designation of the Chamber, and a qualified electronic time stamp.

(4) The authorised person is required to keep a chronological list of documents bearing an authorisation stamp or an electronic authorisation stamp pursuant to Article 13 (3).

(5) Documents designated by an authorised person pursuant to paragraph 3 shall be public documents for official purposes.

(6) The Czech Chamber of Architects and the Czech Chamber of Authorised Engineers and Technicians active in construction are exclusively entitled to supply and remove the authorisation stamps and electronic authorisation stamps.

§ 14

(1) Authorised persons carry out activities for which they have been authorised, such as:

(a) free architects or free engineers operating under this law;

(b) persons engaged in activities under the Trade Code;

(c) staff members in employment, service, Member State or other equivalent;

(d) members of a public commercial company set up for the purpose of carrying out an occupation;

(e) members of a limited liability company established for the purpose of the pursuit of the profession.

(2) The Authorised Person shall notify the Chamber, without undue delay, of the manner in which the operation referred to in paragraph 1 is carried out and of any changes thereto.

(3) The Authorised Person shall be entitled to carry out the activities of a combination of the methods referred to in paragraph 1 (b) to (e).

§ 15

(1) Free architect or free engineer

(a) carry out project activities and provide related professional services independently, in its own name, under its own responsibility and for remuneration;

(b) may not engage in activities or employment in which it would jeopardise its independence;

(c) be entitled to employ additional persons.

(2) The place of business of a free architect or a free engineer is the place of business listed in a list kept by the Chamber.

§ 15a

Company

(1) Where free architects or free engineers perform their profession jointly, 12), they shall adjust their relations by written contract. Associates may be exclusively free architects or free engineers.

(2) The members must have a common seat.

§ 15b

Public commercial company established for the purpose of the occupation

(1) Only authorised persons must be members if authorised persons are engaged as members of a public company.

(2) Authorised persons who are members of a company referred to in paragraph 1 are engaged in a profession on behalf of and on behalf of the company; This is without prejudice to the provisions of this Law on the liability of authorised persons for the pursuit of their profession.

§ 15c

Limited liability companies established for the purpose of the pursuit of the profession

(1) Where authorised persons pursue the profession as members of a limited liability company set up for the purpose of exercising the profession under this Act, authorised persons must be represented in such a company in a majority of the company between the members and between the managers; if the company has a single partner or manager, it may only be an authorised person.

(2) Authorised persons who are members of the company are engaged in a profession on behalf of and on behalf of the company; the provisions of this Law on the liability of authorised persons for the pursuit of their profession are without prejudice to that provision.

§ 16

(1) No later than the start of the activity, the authorised person is required to take out insurance against the damage caused by the performance of the activity. This does not apply if the authorised person carries out this activity in a work, service, member or other equivalent proportion.

(2) The insurance referred to in paragraph 1 shall continue throughout the life of the activity.

(3) The proof of the conclusion of the insurance referred to in paragraph 1 shall be submitted by the authorised person to the client and, on request, to the competent authority of the Chamber.

Scope of authorised persons

§ 17

Authorised architect is entitled to perform the following selected and other professional activities within the scope of the field or specialisation (Section 4) for which he has been authorised:

(a) to draw up zoning documentation;

(b) to conduct a territorial study;

(c) to draw up documentation for the permit of the construction with the exception of civil engineering, documentation for the framework permit, documentation for the authorisation of the change of use of the territory and to draw up architectural and construction solutions in the relevant part of the documentation for the implementation of the construction;

(d) to draw up documentation for the authorisation of a project for the purpose of landscape architecture, meaning public spaces, public utility measures, landscaping, cemetery, green infrastructure and related simple constructions, and to develop architectural solutions in the relevant part of the documentation for the implementation of the landscape architecture project, including the relevant part of the land planning documentation, and to conduct the implementation of simple structures or their changes ranging between the projects of landscape architecture in the position of construction manager;

(e) to participate in the preparation of documentation for the authorisation of civil engineering constructions, produced by an authorised engineer, in particular in the case of structures which are identified as architecturally or urbanistically significant by a specific regulation, zoning plan or regulatory plan;

(f) coordinate the development of project documentation;

(g) carry out structural architectural or urban surveys;

h) to issue expert opinions, to process documentation and opinions for the sub-evaluation of the environmental impact of buildings, 8), including for the purposes of management before state authorities;

i) prepare documentation of the interior of the buildings,

(j) to carry out supervision of the designer or technical supervision of the construction contractor;

(k) to lead professionally the implementation of a simple construction or its change in the position of construction manager;

(l) carry out geodetic measurements for project activity and outlining work, unless otherwise specified in the specific regulation;

m) to represent the builder or the promoter on the basis of an authorisation in the procedure under the building law,

(n) to perform professional functions in the public administration bodies on the area of land-use planning or construction rules, unless otherwise provided for in the specific regulation.

§ 18

(1) An authorised engineer is entitled to perform the following selected and other professional activities within the scope of the field (Section 5) or, where appropriate, the specialisation for which he has been authorised:

(a) to draw up documentation for the permit of the construction with the exception of ground construction which is designated by a special regulation, a zoning plan or a regulatory plan as architecturally or urbanistically significant; This exemption is without prejudice to the conclusion of obligations under the general legislation, to draw up documentation for framework permits, documentation for the authorisation of land use change, documentation for the implementation of the construction and documentation for the removal of the construction,

(b) to participate in the drawing up of documentation for the authorisation of land buildings which are designated by a special regulation, a zoning plan or a regulatory plan as architecturally or urbanistically significant and which are produced by an authorised architect;

Citation	Act of the Czech National Council No. 360 / 1992 Coll., on the pursuit of the profession of authorized architects and on the pursuit of the profession of authorized engineers and technicians active in construction (Authorisation Act) (Authorisation Act)
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	07.07.1992
Effective from	07.07.1992
Effective until	-
Status	Valid

Act of the Czech National Council No. 360 / 1992 Coll.

Act of the Czech National Council on the pursuit of the profession of authorized architects and the pursuit of the profession of authorized engineers and technicians active in construction (Authorisation Act)

Contents