Decree No. 365 / 2001 Coll.
Decree of the Czech Geographic and Catastral Office amending Decree of the Czech Geographic and Catastral Office No. 31 / 1995 Coll., implementing Act No. 200 / 1994 Coll., on Geometry and amending and supplementing certain laws related to its implementation, as amended by Decree No. 212 / 1995 Coll.
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365
DECLARATION
Czech Geographic and Catastral Office
of 24 September 2001
amending Decree No. 31 / 1995 Coll., implementing Act No. 200 / 1994 Coll., on Geometry and amending and supplementing certain laws relating to its implementation, as amended by Decree No. 212 / 1995 Coll.
The Czech office of surveyor and cadastral provides pursuant to § 20 paragraph 1 of Act No. 200 / 1994 Coll., on surveying and amending and supplementing certain laws related to its implementation, as amended by Act No. 186 / 2001 Coll.:
Decree No. 31 / 1995 Coll., implementing Act No. 200 / 1994 Coll., on Geometry and amending and supplementing certain laws related to its implementation, as amended by Decree No. 212 / 1995 Coll., is hereby amended as follows:
1. In Paragraph 1 (1), the clutch "and" before the word "form" are replaced by a comma, the dot is deleted at the end and the words "and the content and manner of conducting the proficiency test (" test ") and the comparative proficiency tests (" comparative test ") are added."
2. In footnote 1, the second sentence is deleted.
3. Paragraph 2 (1) reads as follows:
"(1) Points of position, height and weight point field are the object of point field management. The position point field shall be divided into the ground field, the thickening points and the detailed field. The point field of height and the point field of gravity are divided into the field of base and the field of detail. ';
4. In Article 2 (2), "5 'is replaced by" 6'.
5. in Article 3 (a), the word "measuring" shall be deleted;
6. footnote 7 shall read:
"7) Paragraph 17a (1) (b) (1) of Act No. 200 / 1994 Coll., as amended by Act No. 186 / 2001 Coll. '.
7. In Section 4, the heading reads: "Content of management of condensing points and detailed point fields'.
8. In Section 4, the following paragraph 1 is added:
"(1) The content of the concentration point management shall be:
(a) the performance of surveying activities in the construction, restoration and maintenance of condensing points;
(b) documentation management and data provision on thickening points. ';
Paragraphs 1 to 4 shall be renumbered paragraphs 2 to 5.
(9) footnote 9 shall read as follows:
"9) Decree No. 190 / 1996 Coll., implementing Act No. 265 / 1992 Coll., on the registration of property rights and other property rights, as amended by Act No. 210 / 1993 Coll. and Act No. 90 / 1996 Coll., and Act No. 344 / 1992 Coll., on the Real Estate Register of the Czech Republic (cadastral law), as amended by Act No. 89 / 1996 Coll., as amended by Decree No. 179 / 1998 Coll., Decree No. 113 / 2000 Coll. and Decree No. 163 / 2001 Coll."
(10) footnote 10 is replaced by the following:
"10) § 4 of Act No 359 / 1992 Coll., as amended. Paragraph 17a (1) (b) (2) of Act No. 200 / 1994 Coll., as amended by Act No. 186 / 2001 Coll. '
11. in Paragraph 4 (5):
"(5) The brand managers and the territorial scope of their management of the thickening points are published in the Czech Geographic and cadastral Office."
12. footnote 11 shall read:
"11) § 8 (4) of Act No. 200 / 1994 Coll., as amended by Act No. 186 / 2001 Coll. '.
13. footnote 13 shall read:
"13) § 8 (5) of Act No. 200 / 1994 Coll., as amended by Act No. 186 / 2001 Coll. '.
14. The first sentence of Paragraph 5 (3) of the first sentence reads: "The types of marker of the point fields contain an annex (paragraphs 2 to 6)."
15. footnote 15 shall read:
"15) § 17a (1) (d) of Act No. 200 / 1994 Coll., as amended by Act No. 186 / 2001 Coll. '.
16. footnote 16 shall read:
"16) Act No. 148 / 1998 Coll., on the Protection of classified information and on the amendment of certain laws, as amended."
(17) footnote 20 shall be deleted;
18. in Article 7 (5), "21)" is replaced by "9)" and footnote 21 is deleted;
19. Footnote 22) reads:
"22) Sections 2 (g) and 17 of Act No. 200 / 1994 Coll., as amended by Act No. 186 / 2001 Coll. '.
20. footnote 25 shall read:
"25) Sections 13 and 48 to 58c of Decree No. 190 / 1996 Coll., as amended."
21. Footnote 31) reads as follows:
"31) Sections 22 and 32 of Decree No. 190 / 1996 Coll., as amended."
(22) footnotes 32 to 40 shall be deleted.
23. Footnote 41) reads as follows:
"41) Act No. 50 / 1976 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended."
24. footnote 42 shall be deleted;
25. in Article 13 (7), "5" is replaced by "6."
26) footnote 44) reads as follows:
"44) § 2 (1) (b) (2) of Act No 344 / 1992 Coll., as amended."
27. footnote 45 shall be deleted;
28. footnote 47) reads as follows:
"47) § 17b paragraph 1 (b) (1) of Act No. 200 / 1994 Coll., as amended by Act No. 186 / 2001 Coll. '.
29. In the title of section four, the clutch "and" before the word "form" are replaced by a comma and at the end the words "and the content and method of conducting the test and the comparative test 'are added.
30. ';
"Forms of application for official authorisation
(1) The written application for an official authorisation (the application) of a natural person requesting an official authorisation (the applicant) contains:
(a) the name, surname, title, date, month, year and place of birth, place of permanent residence and indication by which and when the applicant has been issued his identity card, or the number of the travel document of the Czech Republic and by which and when it was issued, if the applicant has a permanent residence outside the Czech Republic; where the applicant is a foreigner, his application for official authorisation shall contain the name, surname, date, month, year and place of birth, nationality, travel document number and the indication by which and when he was issued and the address to which the post office is to be served; the application must be submitted in the Czech language,
(b) the scope of the required official authorisation under Article 13 of the Act;
(c) the date and signature of the applicant.
(2) The application is accompanied by:
(a) an extract from the Register of Penalties not earlier than 6 months. A stranger with a permanent residence outside the Czech Republic shall submit a document of a similar nature issued by an authority authorised by the State of residence of such person, as well as States in which he has been continuously present for more than 3 months in the last 5 years; if the document is not issued by the competent State, the alien shall replace it by an honest declaration; if the State of residence of the alien is not the same as the State of which the alien is a citizen, the alien shall also submit a document issued by the State of nationality;
(b) evidence of completed university education at least in the master's programme of "geodesy and cartography," "geodesy and cadastre of real estate," "geomatology" or "military geodesy and cartography" in the fields of study referred to in Section 16 (1), or evidence of recognition of such education which has been completed outside the territory of the Czech Republic; evidence of completion of the higher education in the geographical direction, which was completed before the Decree was effective, shall be assessed in accordance with the legislation in force at that time,
(c) a certificate of the applicant's five-year professional experience in the field for which he applies for an official authorisation, issued by an officially authorised surveyor, under whose authority the applicant has, within a specified period of time, enhanced his expertise in the pursuit of the relevant surveying activities and gained experience in verifying the results of the surveying activities; a citizen of a Member State of the European Union who holds an authorisation similar to an official authorisation under Article 13 of the Act shall add to the application a certificate of three years' professional experience only if he does not perform a comparative examination,
(d) an officially certified translation of an authorisation similar to an official authorisation under Article 13 of the Act, if the applicant is a citizen of a Member State of the European Union who holds such an authorisation;
(e) the result of the surveying activity separately processed by the applicant from the field of surveying activities for which he applies for an official authorisation, if he applies for an official authorisation under Article 13 (1) (a) and (b) of the Act, accompanied by an affidavit from the applicant that he has treated the outcome of the surveying activity separately.
(3) Where the applicant has carried out the professional experience referred to in paragraph 2 (c) gradually under the guidance of several officially authorised surveyors, he shall submit a certificate of his professional experience from each of them.
(4) The certificate of professional experience referred to in paragraph 2 (c) shall contain:
(a) the name, surname, title and number of the item of the officially authorised surveyor under which it is kept in the Office's list;
(b) the name, surname, title and place of residence of the applicant where the applicant is resident in the Czech Republic; where the applicant is a foreigner, the certificate shall contain his name, surname, day, month, year and place of birth, nationality and address to which the post office is to be served,
(c) details (after months) of the period during which the specified period of professional experience was carried out;
(d) an overview of the results of the surveying activities carried out by the applicant at a specified time for professional practice as referred to in paragraph 2 (c), verified by an officially authorised surveying engineer issuing a certificate to the applicant;
(e) the date, signature and stamp of the officially authorised surveyor.
(5) Where the applicant has carried out a practice (or part of it) in the management and control of the cadastral property or in the management and restoration of the geodetic information file by remapping and checking it, he shall submit a certificate to the surveying authority and the cadastral property containing the data referred to in points (b) and (c) of paragraph 4.
(6) The list of the results of the geometrical activities referred to in paragraph 4 (d) shall include the name and serial number of the individual results of the geometrical activities, including the cadastral territory in which the surveying activities were carried out, and the entry number of the officially authorised surveyor in the list kept by the Office. The summary of the results of the surveying activities shall also include an indication of where the documentation is stored.
(7) The certificate of professional practice referred to in paragraph 4 may be replaced by an affidavit from the applicant where the official authorised surveyor who has verified its results has ceased or has been withdrawn. The declaration of honour shall be supplemented by the particulars referred to in paragraph 4 (a) to (d).
(1) Evidence of the completion of university studies in the study programme referred to in Article 15 (2) (b) and the acquisition of an appropriate academic degree is a diploma and a certificate of state examination in the field of "geodesy and cartography," "cadastre of real estate," "geodesy and cadastre of real estate," "geomatology," "engineering geodesy" or "military geodesy and cartography."
(2) The performance of surveying activities shall be considered as professional practice under Article 15 (2) (c).
(a) pursuant to paragraphs 12 and 13; or
(b) in the exercise and control of the State administration of the cadastral property, where an official authorisation is required under § 13 (1) (a) or (b) of the Act.
Forms of application for an official authorisation
(1) A written request for the termination of an official authorisation is submitted by an officially authorised surveyor of the Office.
(2) The application referred to in paragraph 1 shall include the name, surname, title of the natural person requesting the termination of an official authorisation, the place of permanent residence, the entry number of his entry in the list kept by the Office and his officially certified signature; If an official authorization is sought by an alien, his application shall be submitted in the Czech language and shall indicate the address to which the post office is to be served.
Form for verifying the results of the agricultural activities
(1) The verification of the professional accuracy of the results of the surveying activities (hereinafter referred to as "verification of results") is always indicated in the lower right-hand corner of the last page of each part constituting the result of the surveying activities. If these parts consist of multiple sheets, they must always be firmly connected.
(2) The verification of the results shall be indicated on all its originals which are transmitted to the client and for use in accordance with Section 4 (2) of the Act.
(3) The signature, the date of verification of the result and the number of records of the results verified shall be accompanied by the stamp of the officially authorised surveyor.
(4) The verification of the geometrical plan, its copy and the specified allocation plan are governed by a separate regulation.47a)
(5) The size and specimen of the stamp of an officially authorised surveyor are set out in the Annex (point 7).
47a) § 71 and § 74a paragraph 3 (e) of Decree No. 190 / 1996 Coll., as amended. '
31. After Paragraph 18, the following Sections 18a, 18b and 18c are inserted:
"Test
Test content
(1) The test is divided into a part of the general, special and defence by the applicant of the self-processing result of the surveying activity when applying for official authorisation pursuant to Article 13 (1) (a) and (b) of the Act.
(2) The general part of the examination is identical to the official authorisations granted under § 13 (1) (a), (b) and (c) of the Act and provides for knowledge of the legislation
(a) the register of real estate and the registration of property ownership and other property rights in kind;
(b) surveying;
(c) bodies of the State administration of the surveyor and the cadastral of real estate.
(3) In the general part of the examination, applicants must also demonstrate knowledge of the general legislation on the area of civil law relating to real estate and administrative law, in particular building law, administrative procedure, land-use arrangements, protection of the agricultural land fund and forestry law.
(4) The special part of the examination for the granting of an official authorisation under Paragraph 13 (1) (a) of the Act foresees knowledge of:
(a) the history of the registration of real estate (stable register, register of land tax, land register, land register, single land register, real estate register) and the issue of allocation and consolidation proceedings;
(b) the content and manner of keeping a set of descriptive information and a set of geodetic information of the cadastral property;
(c) procedures for the creation of geometrical plans, the identification of the progress of borders and the implementation of the establishment of the boundaries of land, land modifications, the conditions for the entry of data on the basis of geometrical plans into the land register;
(d) national map works of large scale, in particular the specificities of the different types of maps resulting from the time and manner of their formation;
(e) measurement procedures to ensure the prescribed quality of the results;
(f) the procedures for calibration and comparison of instruments and aids and the relevant evidence thereof;
(g) procedures for building point fields, reference systems, stabilisation and measurement methods of positioning;
(h) regulations for the management and restoration of the cadastral property issued by the Office.
(5
(a) the scope of the activities referred to in paragraph 4 (b) and (d) to (g);
(b) information systems based on maps of small and medium-sized scale, national map work;
(c) the rules for the renewal of the cadastral property issued by the Office.
(6) The special part of the examination for the granting of an official authorisation under § 13 (1) (c) of the Act presupposes knowledge
a) valid Czech technical standards (CSN) for geodetic works under construction,
(b) the scope of the activities referred to in paragraph 4 (e) to (g);
(c) procedures for spatial location and control measurements;
(d) activities in the position and height orientation of the construction or technological equipment, materials for the project, documentation of the actual implementation of the construction.
(7) In the defence of independent work, the applicant justifies the procedures it has used to produce it. The applicant shall demonstrate that the work has been carried out separately by means of knowledge of the geographical activities for which he requests official authorisation.
Method of test
(1) The Office shall inform applicants in writing at least one month in advance of the date of the examination. At the same time as sending an invitation to the test, the Office may request that, at the latest for the oral examination, the applicant submit one of the results of the surveying activities listed in the summary referred to in Article 15 (4) (d).
(2) The examination is oral and its course and the declarations are public.
(3) The identity of the applicant shall be verified before the start of the test.
(4) The Panel of Experts shall draw up a report on the course of the test and its outcome.
(5) The result of the test shall be assessed by "benefit 'or" benefit'. The applicant shall be informed of the result of the test immediately after the test has been carried out.
(6) If the applicant has not benefited from the test, he shall be informed of the date by which he may repeat the test.
(7) An applicant who, for a serious reason, could not show up for the test and duly apologized for his non-participation shall be designated by the Office as a replacement test date.
(8) The test shall be carried out according to the test schedule issued by the Office. The test schedule shall be open for inspection by all the authorities of the surveying and the cadastral.
Paragraph 18a and 18b shall apply mutatis mutandis to the content and method of comparative examination. '
32. in the Annex in point 1.2 (b):
"(b) thickening points,"
33.In the Annex to point 1.2, the following point (c) is added:
"(c) a detailed position field."
34. In the Annex to point 2.1 (c), the word "detailed 'is deleted.
35. in the Annex to point 2.9 (e), the word "protection" shall be inserted after the word "stabilisation."
36. In the Annex, the following point 3 is inserted after point 2:
"3. Technical requirements for thickening points
3.1 The position of the condensing point shall be chosen in such a way that the stabilisation of the mark of that point is not jeopardised while the point can be used for surveying activities.
3.2 The thickening point is stabilised by one of the following methods:
(a) a surface and one underground mark. The surface mark is a stone prism (usually granite) of a total length of not less than 700 mm with a worked head with dimensions 160 mm x 160 mm x 100 mm with a cut cross in the direction of diagonals on the upper face of the prism head. The underground mark is a stone plate with dimensions of at least 200 mm x 200 mm x 70 mm with a similar cross as on the surface marker. The underground mark shall be placed under the surface mark at a distance of at least 200 mm. The centres of the crosses to which the coordinates refer shall be located in a vertical line with a limit deviation of 5 mm,
(b) the surface mark referred to in (a) or the levelling mark with a cross or, where appropriate, an opening which is concreted in a rock or concrete mass;
(c) a metal pin with a cross in the flat roof of the building (roof stabilization),
(d) two brackets embedded in the vertical surface of the structures (lateral stabilization). The coordinates of the point are related to the top of the imaginary isosceles triangle, its base is defined by console marks (distance of approximately 140 cm) and the length of arms is 1390 mm,
(e) by the use of intact stabilization of the levelling stone, where the point centre is the intersection of the diagonals of the upper surface of the head of the stone or the centre of the crest of the nail mark; or
(f) by the use of a permanently indicated point (church tower, etc.).
3.3 A concentration point without an underground mark shall always be secured by a locking point at a distance of not more than 500 m located so that the respective concentration point can be clearly recalculated. The locking point shall be stabilised by the surface mark referred to in point 3.2 (a) or by the mark referred to in point 3.2 (b), (d) and (e).
3.4 A continuously signalled thickening point as referred to in point 3.2 (f) shall always be provided by two locking points at a maximum distance of 500 m, stabilised in accordance with point 3.2 (a) or (d). The locking points are formed by a thickening point (centre) preferably an equilateral triangle with mutual visibility of the vertices. The height angles from both locking points to the centre are less than 45º. The base orientation (coupling of both locking points) is determined by the global positioning system (GPS), geodetically (orientation to two trigonometric or thickening points) or astronomically (measurement to the Sun or Polar).
3.5. The thickening point shall have, from the height of the measuring instrument, orientation (visible direction) to the trigonometric condensing or locking point or to a permanent clearly identifiable point (orientation) or to an established associated guide point at a distance of 80 - 300 m, stabilised by the surface mark referred to in point 3.2 (a) or by the marks referred to in points 3.2 (b), (d) and (e).
3.6. The equipment referred to in point 2.7 shall be used to protect condensing, locking and orientation points. The warning plate shall bear the inscription "GEODETIC POINT - INJURY IS PRESSURE."
3.7 Accuracy of coordinates and altitudes of thickening points
The basic mean coordinate error (relative accuracy relative to the nearest trigonometric and condensing points) is determined by 0,02 m. The tolerance shall not exceed 2,5 times this value. The mean error in altitude determination is determined by 0,1 m
3.8 Data on condensing points
Data shall include:
(a) the number and the name of the point;
(b) location data on territorial units and cadastral territory, designation of the sheet State map 1: 5 000 - derived, designation of the Basic map of the Czech Republic 1: 50 000, designation of the triangulation sheet, plot number or descriptive building number on which the point is located,
(c) the coordinates of the concentration point, its altitude, indicating the reference point and the indication of the orientation,
(d) a sketch with search marks and a description;
(e) stabilisation and point protection data;
(f) details of the establishment of the point.
Where a locking point or an indication point is set up for the condensing point, its data shall be given in the data of the condensing point. The summary of data is contained in the form of the Czech office of surveying and cadastral.
3.9 The thickening points are numbered in the registration units, which are triangulation sheets (point 2.10 and Figure 7). '
Points 3 to 6 shall become points 4 to 7.
This Decree shall take effect on 1 November 2001.
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Regulation Information
| Citation | Decree No. 365 / 2001 Coll., amending Decree No. 31 / 1995 Coll., implementing Act No. 200 / 1994 Coll., on Geometry, and amending and supplementing certain laws related to its implementation, as amended by Decree No. 212 / 1995 Coll. |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 10.10.2001 |
|---|---|
| Effective from | 01.11.2001 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Geodesia, Geology, Cartography
Administrative law
The regulation text is for informational purposes only.
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