Decree No 378 / 1992 Coll.
Decree of the Federal Committee on the Environment, the Ministry of the Environment of the Czech Republic and the Slovak Commission on the Environment, amending and supplementing the Decree of the Federal Ministry for Technical and Investment Development No. 85 / 1976 Coll., on a more detailed regulation of the zoning and construction rules, as amended by Decree No. 155 / 1980 Coll.
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Effective from 17.07.1992
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378
DECLARATION
Federal Committee on the Environment, Ministry of the Environment of the Czech Republic and Slovak Commission on the Environment
of 18 June 1992
amending and supplementing Decree No 85 / 1976 of the Federal Ministry of Technical and Investment Development Coll., on a more detailed modification of the zoning procedure and the construction rules, as amended by Decree No 155 / 1980 Coll.
The Federal Committee on the Environment provides pursuant to § 139 (7) and § 143 (1) (d) to (j) of Act No. 50 / 1976 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended by Act No. 103 / 1990 Coll. and Act No. 262 / 1992 Coll., in agreement with the Ministry of Environment of the Czech Republic and the Slovak Commission on the Environment:
Decree No. 85 / 1976 Coll., on a more detailed modification of the zoning procedure and the construction rules, as amended by Decree No. 155 / 1980 Coll., is amended as follows:
1. In Article 2 (2), the words "the buildings referred to in paragraph 1 which form part of an establishment 'shall be deleted.
2. In Paragraph 3 (3), the words "the buildings referred to in paragraphs 1 and 2 which are an establishment 'are deleted.
3. Article 4 (1) and (2) reads as follows:
"(1) The construction of military administration outside the territory of the military escape (1) shall be considered to be structures used to defend the State under the responsibility of the Federal Ministry of Defence.
(2) The buildings used for the performance of the service of the Federal Ministry of Interior, the Federal Security Information Service, the Federal Police Force, or for the performance of the service of the Ministry of Interior of the Czech Republic and the Ministry of Interior of the Slovak Republic, the Police of the Czech Republic and the Police of the Slovak Republic are considered to be buildings. "
4. In Paragraph 4 (4), the words "organisation of the Federal Ministry of Fuel and Energy 'are deleted.
5. In Section 5, the first sentence is replaced by the following: "Construction with nuclear installations shall be regarded as having specific rules. (1a)
6. In Article 6 (1), the words "a list of land for the construction of family houses' are replaced by the words" a zoning plan of a local department, drawn up on a scale of 1: 5 000 or more '.
7. in Article 7 (1) (d), the word "use" shall be replaced by "other."
8. in Article 7 (3) (a), first and second lines, the words "on a scale" shall be replaced by "on a base."
9. in Article 7 (3), the provisions of point (b) are deleted, the current provisions of point (c) are renumbered as point (b) and the words "consent, assessment" are inserted after the word "opinion."
10. In Article 7, the following paragraph 4 is inserted after paragraph 3:
"(4) The design for the location of the construction shall be supplemented by additional supporting documents and documentation by the appellant according to the location, type, extent and expected effects of the construction, from which it must be sufficiently apparent in particular:
(a) the proposed location of the building on the land, including its distance from the boundaries of the land and neighbouring buildings, with, if necessary, a height marking (generally 1: 500);
b) architectural and urban integration of the building into the territory, its appearance and artistic solution,
(c) traffic data, production data including basic technical parameters, proposed technologies and equipment, where appropriate;
(d) the impact of construction, operation or production on health and the environment and their assessment, including a proposal for measures to eliminate or minimise negative effects;
(e) the requirements of the construction on water management, energy, transport (including parking), waste disposal and the conditions for linking the construction to the existing technical equipment of the territory;
(f) the protection zones or protected areas concerned;
(g) protection of the construction against harmful effects and effects, including information on the suitability of geological and hydrogeological conditions in the territory (not to be provided for constructions under Section 2 of the Decree);
(h) the scope and layout of the construction site;
(i) greening of unbuilt areas. ';
11. in Article 7, paragraphs 4, 5 and 6 shall be renumbered paragraphs 5, 6 and 7. In the newly marked paragraph 5, the word "energy 'shall be inserted after the word" specific regulations 3a'.
12. In Paragraph 8 (2) (d), the words "including the scope and details of the processing of project documentation," shall be added to the existing text.
13. in the first sentence of Article 9 (1), the words "in particular where planning documents are provided for" shall be replaced by "in the case of other buildings, this may only be done if the territorial plan or the territorial project of the zone is approved for the territory concerned and the second sentence is deleted.
14. in Article 9 (2) (b), the words "or a detailed territorial plan in accordance with the previous rules" shall be deleted.
15. in Article 9 (3), paragraph (d) shall be deleted;
16. in Article 10 (1) (b), the word "gardens" shall be inserted after the word "orchards."
17. in Paragraph 10 (4), the words "and mining works" shall be deleted.
18. In Article 10 (7), the text after the words "activities and services' shall be replaced by the words" Federal Ministry of Internal Affairs, Federal Security Information Services, Federal Police Force, Ministry of Interior of the Czech Republic and Ministry of Interior of the Slovak Republic, Police of the Czech Republic, Police of the Slovak Republic, Department of Correctional Education of the Czech Republic and Department of Prison and Judicial Guard of the Slovak Republic '.
19. In Article 11 (1), the words "protection against negative effects' and the words" protection 'shall be inserted after the words "undertakings'.
20. In Paragraph 13 (1), the first sentence and the beginning of the second sentence before point (a) are replaced by the following sentence: "A legal person or a natural person operating under specific regulations that will carry out the construction (or construction work) for himself and does not have construction or assembly work in the object of his activity or business, ensures the professional management of the construction by an authorized person who: '.
21. In Paragraph 13 (1) (a), the words "and assembly" shall be deleted.
22. in Paragraph 14 (1) (b), the text after the words "the right to land" shall be deleted.
23. The second sentence of Paragraph 14 (2) reads: "The sketch shall be presented in duplicate if it is not the competent authority of the municipality, it shall be presented in triplicate."
24. In Article 15 (1), the words "to the municipal or local national committee 'are replaced by the words" to the local municipal office'.
25. in Article 16 (1) (c), the words "socialist organisation as user" are replaced by the words "legal or natural person as tenant."
26. In Paragraph 17, the current text becomes paragraph 2 and the following paragraph 1 is added:
"(1) The construction office may provide that the notified small construction, construction or maintenance work may be carried out only on the basis of a building permit (Section 57 (1) of the Act). In doing so, it shall take into account, in particular, the location, construction and purpose of the construction and its environmental impact. The construction office shall assess these aspects in particular in the case of the announced minor construction or modification of the construction, including the operational, production or technical installation. ';
27. The title above Section 19 and Section 19 is deleted:
The construction office may allow a set of structures, including construction of a construction site or of a single construction of a file, capable of independent use, conditional on transfers of civil engineering networks and construction of construction site facilities. In doing so, it takes into account important public interests (environmental protection, protected areas; ensuring the complexity of construction, etc.) and may provide that it will only carry out construction proceedings after the extension of the application to other buildings or to the whole set of buildings [§ 62 (1) (b) and (c) of the Act]. '
28. Paragraph 20 (1), (2) and (3) reads as follows:
"(1) In the application for a building permit, the builder shall indicate:
(a) the name (s) and address of the builder (in the case of a legal person, its registered office),
(b) the type, purpose, place of construction, estimated date of completion of the construction and, for temporary construction, its duration;
(c) the parcustoms numbers and types of (culture) of the building plot and neighbouring parcels, with an indication of ownership or other rights under the property register or other land to be used as construction sites (e.g. part of the public area);
(d) processors of project documentation of the construction and method of implementation of the construction (supplier, self-help);
(e) basic data on construction, its breakdown, technical or manufacturing installations, future operations and its environmental impact and related measures;
(f) the list and addresses of the participants in the construction process known to the builder, for liner and construction projects particularly extensive with a large number of participants in the construction process, the list and addresses of the participants shall not be provided.
(2) The builder shall attach to the application:
(a) documents proving ownership or other rights to land and buildings, if requested to authorise superstructures, construction works or maintenance works in the construction of its tenant, shall attach a written agreement with the owner of the building. The written agreement with the owner of the property or other property rights (Section 139 (1) of the Act) shall also be submitted by the legal or natural person who will carry out the construction if he requests the authorisation of the temporary construction,
(b) project documentation of the building in two copies, unless the building office is in place, in three copies,
(c) documents relating to the negotiations with the public authorities and the participants in the building procedure, provided that the construction and the opinions have been taken in advance, the agreements and, where appropriate, the decisions of the public authorities concerned, where they are prescribed by specific provisions (e.g. the protection of the agricultural land fund, the forestry fund, the air protection, environmental impact assessment, nature and landscape conservation),
(d) a territorial decision if it is given by an authority other than the construction office;
(e) a statement by an authorized person that he will provide the professional management of the construction [Paragraph 46a (2) (f) of the Act], if it is carried out for himself by a legal person, or by a natural person who does not have construction or assembly work in the object of his or her business, 6a) for the construction of other natural persons, carried out by his or her own assistance, then a statement by a qualified person that he or she will perform professional supervision of the construction, unless the builder himself is competent to carry out supervision.
(3) In the case of liner and construction, particularly extensive with a large number of parties, the construction office may determine the number of copies of the supporting documents (including their breakdowns) referred to in paragraph 2 necessary for dealing in particular with the authorities of the State and the municipalities concerned. "
29. in Article 20 (4), the words "pursuant to special regulations (3a)" shall be inserted after the word "energy."
30.
In the case of construction with unusual technology, where an unusual method of construction or design solution is to be used, or where a unique technical device is to be installed which is not comparable to other equipment already tested and where the negative effects of the construction operation on the environment cannot be established in advance, the builder shall provide evidence of the application for a building permit by an assessment of a specialised workplace, university or judicial expert. '
31.
(1) Project documentation of the construction (project) presented by the builder for the construction process contains in particular:
(a) a accompanying report with basic construction data, unless the information provided in the application for a building permit is sufficient, information on the results of the surveys carried out and on compliance with the general technical requirements for construction;
(b) a summary technical report from which it must be sufficiently clear
- proposed urban, architectural and construction technical solutions for the construction, its components and the use of construction materials,
- fire safety solutions,
- requirements for water management, energy, transport (including parking), waste disposal and solutions for building connections to existing engineering networks and sewerage,
- data on existing protection zones, aerial and underground objects, including engineering networks,
- in the case of buildings with operating, manufacturing or technical equipment, data on the installation, the concept of storage, internal transport solutions and areas for operation, maintenance and repair, and, where appropriate, the requirements for carrying out the test operation after completion of the construction,
- the organisation of the construction site and security measures, if they go on the implementation of the works under exceptional conditions,
- compliance with the conditions for health and the environment laid down in specific regulations,
(c) the overall situation of the construction (stopping plan) on a scale of usually 1: 200 to 1: 500 with an indication of the boundaries of the land, the existing structures on them, the underground engineering networks and the design of connections to the engineering networks, the layout drawings or the necessary geometric parameters indicated in the stopping plan of the simple or small buildings, and, where appropriate, further drawings according to the nature and complexity of the construction;
(d) building drawings of ground and civil engineering objects from which the present and proposed condition is apparent, in particular the ground floor features, cuts, views (on a scale of usually 1: 100) containing individual types of construction and parts of the construction (e.g. foundations, supporting structures, stairways, chimneys, roof structures), position and height arrangements of the construction and all its spaces with a precise designation of function, schematic marking of internal distribution and installation (e.g. medical, including fire ducts, heavy-current, weak-current, gas, hot water, etc.), technical equipment (boiler rooms, lifts, etc.), modifications and solutions prescribed for the special provision of structures in terms of civil defence and fire protection. In the case of buildings with operating, manufacturing or technical equipment, construction drawings shall include the spatial location of the machinery and equipment, including internal roads;
(e) the construction organisation project for construction works with special requirements for implementation, unless the data in the summary technical report is sufficient.
(3) If the builder asks for a building permit gradually for individual construction of the file, the project documentation of the first construction contains the overall situation (the stopping plan of the whole building set including construction site equipment).
(4) In the case of simple construction and temporary construction of construction site facilities, the construction office may, on a case-by-case basis, reduce the extent and content of the documentation accordingly. "
32. Paragraphs 23 and 24 are deleted.
Article 26 (1) (f) reads as follows:
"(f) how the construction is carried out; in the case of buildings which will be carried out for themselves by a legal person or a natural person operating under special regulations (6a), the person responsible for the professional management of the construction [§ 46a (2) (f) of the Act] or for the construction of other natural persons carrying out their own assistance, the person who will exercise professional supervision over the construction. ';
34. in Article 27 (1), the words "to the municipal or local national committee" shall be replaced by the words "to the municipal office";
35. in Paragraph 28 (3), the words "urban or local national committee" are replaced by the words "municipal office";
36. The heading of Section 3 of Part Three of the Order reads:
"Authorization of landscaping, information, advertising and promotional facilities."
37. In the title above § 29, the words "and mining works" are deleted.
38. In Paragraph 29 (1), the words "and mining works'," or mining works', "or mining works' are deleted.
39. in Paragraph 30 (1), the words "or mining works" shall be deleted.
40. Paragraph 2 is deleted in Paragraph 30.
41. in Article 31 (1), the following point (c) is added:
"(c) outlaying drawings, or the necessary geometric parameters determining in the situation drawing the position and height location of simple and non-essential landscaping."
42. Paragraph 32 is deleted.
43. In Paragraph 33 (1), the words "or mining works' are deleted.
44. In Paragraph 33 (2), the words "and mining works' are deleted.
45. The heading of Section 4 of Part Three of the Order reads:
"COLLECTION OF BUILDINGS AND TERRITORIES '.
46. In Paragraph 35 (1), the words "and mining works' are deleted.
47. In Paragraph 36, the words "and mining work on the surface '," or organisations' and the second sentence are deleted.
48. in Article 37 (1) and (2), the words' or organisations', 'mining works' and 'or organisations' shall be deleted;
49. In § 38, the words "and mining works" are deleted.
50.
"Cooperative proceedings
(1) The application for a clearance decision contains:
(a) the designation and place of construction;
(b) the estimated date of completion of the construction;
(c) the date of the complete clearance of the construction site and completion of the modifications to the construction area;
(d) an indication of whether the test operation and its duration will be conducted.
(2) An application for approval shall be accompanied by:
(a) a description and justification of the derogations made from the zoning decision and the building permit;
(b) for buildings on which geodetic works are provided by responsible geodeses, (10) proof of the comprehensive processing of the documentation of geodetic works (for underground engineering networks before covering);
(c) a geometrical plan in accordance with the Real Estate Registration Code; This document shall not be attached in cases where the external layout of the construction is not changed and in the case of small structures,
(d) in the case of a construction in which a nuclear installation has been or is to be built, the approval of the Czechoslovak Atomic Energy Commission pursuant to special regulations, 3a) granted on the basis of an assessment of the pre-operational safety report;
(e) additional documents, provided they are prescribed by special regulations (11) or requested by the construction office.
(1) The applicant must prepare for the oral hearing relating to the local investigation
(a) documents showing the construction (§ 38);
(b) evidence of the results of the prescribed tests and the capability of the operating equipment to operate smoothly and safely;
(c) project documentation certified by the construction office in the construction process or in authorising changes in the construction process;
(d) drawings showing changes occurring during the implementation of the construction; with the agreement of the construction office, these changes may be indicated in the documentation certified by the construction office in the construction procedure, provided that the construction office has linked them to the approval procedure;
(e) other documents provided for in the conditions of the building permit; for buildings authorised after 1 July 1992, evidence of verification of the required characteristics of the products.
(2) In the case of small and simple buildings, in particular those whose constructions are natural persons, and which are not related to business under special rules, the details of the proposal for a approval decision and its annexes may be simplified accordingly.
(1) The construction office shall draw up an oral report containing in particular:
(a) the designation of the construction;
(b) establishing whether the conditions of the zoning and building permit have been complied with and whether the general technical requirements for construction have been met;
(c) a comparison of the actual implementation of the completed construction with the project documentation verified by the construction office;
(d) an inventory of the deviations found from the actual implementation of the construction and, where appropriate, a reference to the documents of the approval decision;
(e) the parties' objections;
(f) the opinions of the authorities concerned.
(2) The Protocol referred to in paragraph 1 may be replaced by a simple record, in particular if the construction has been completed in accordance with a certified dossier and if no deviations from the actual implementation of the construction are found and no objections have been raised by the parties. ';
51. Paragraph 42, including the heading "Cooperative proceedings on the construction of citizens (C 79 and 81 of the Act)," is deleted.
52. Paragraph 43 (2) (b) shall be deleted and paragraph (c) shall become paragraph (b).
53. In Article 45 (b), a comma and the words "buildings with operational, production or technical equipment" shall be inserted after the word "garage."
54. In Section 46, both the title and the text emit the words "mining works and."
55. in Article 47 (1) (b), the words "the effects of an electromagnetic field" shall be inserted after the words "trembling."
56. Paragraph 47 repeals paragraph 2 and paragraphs 3 and 4 are renumbered paragraphs 2 and 3.
57. in Paragraph 47 (3), "paragraph 3" is replaced by "paragraph 2."
58. in Paragraph 48 (2) (e), the words "for construction with nuclear equipment the approval of the Czechoslovak Atomic Energy Commission" shall be added.
59. In Paragraph 51 (3) (c), the words in brackets are deleted.
60. Paragraph 51 (3) (d) reads as follows:
"(d) the conditions for dealing with a monetary institution through which the State contribution will be reimbursed."
61.
"(b) construction work shall be carried out by authorised persons, whether professional work is carried out and works are carried out, professional supervision is ensured and carried out;"
62. In § 52 (c), the words "the building and installation journals are properly kept" are replaced by the words "the building diary is properly maintained."
(63) In Article 52 (g), the words "at the premises" and the words "operation, in particular in the surroundings," shall be replaced by the words "on the environment."
64.
Conditions for state building supervision
(K § 100 of the Act)
(1) The construction must have the project documentation of the building verified in the construction process and all documents relating to the construction carried out.
(2) If it is a building project, the construction works or the construction works for the builder (the contractor) are a legal person or a natural person operating under special regulations, a building log must be kept on the construction site. In other cases, at least a simple record of the construction must be kept on the construction site. Construction works in the construction and maintenance works provided for in Section 55 (2) of the Act must be kept only if the construction office so provides.
(3) The building log shall be kept from the date on which the construction site work started according to the project documentation verified by the construction office in the construction process. The management of the building diary shall end on the day on which the building defects and uncompletion are removed according to the approval decision.
(4) The building journal is kept by the contractor or, where appropriate, by the builder, if the construction is carried out for himself (Section 44 (2) of the Act). All relevant circumstances relating to the construction are recorded in the building log, in particular the time process of the works, deviations from the project documentation verified by the construction office in the construction process or from the conditions laid down by other decisions or measures, or other data necessary for the assessment of the works by the construction office and other public authorities. The building journal is also used for records of state building supervisor and public administration bodies authorised to supervise the implementation of the construction according to special regulations.
(5) The builder monitors the contents of the building log and attaches his opinions to the records contained therein. During the period during which construction works are carried out, the building log shall be accessible to authorised persons and personnel of the public authorities. Daily records shall be recorded by the authorised contractor on the day on which the records relate, exceptionally on the following day on which the construction works. If there is a technically simple construction or work of minor size, daily records may be replaced with one record for a period of no more than seven days, with the agreement of the building office. The contractor shall keep the building journal for a period of 10 years from the legal power of the approval decision or, where appropriate, from the completion of the construction, unless it is subject to approval.
(6) A simple record of the construction (paragraph 2) is kept by the builder and co-signed by the person carrying out the professional supervision of the implementation of the construction. This record shall also indicate the scope and type of partial construction work carried out by legal and natural persons on the construction site alongside the builder. ';
65. In Paragraph 54 (1), the words "or assembly" shall be deleted.
66. In Article 54 (2), the words "organisation or 'are replaced by the words" builder, contractor or otherwise' and the words "or organisation 'are deleted from the text indicated in point (a).
67.In Paragraph 55 (3), the words "municipal or local national committee" are replaced by the words "local competent authority of the municipality."
68. in Paragraph 56 (1) (b), "organisation" is replaced by "persons."
69. In Paragraph 56 (1) (c), the words "or organisation" are deleted.
70. In Paragraph 56 (1) (d), the words after the semicolon are deleted.
71. in Article 56 (1) (e), the words "for consideration in accordance with price regulations," shall be deleted;
72. In Paragraph 56 (2), the second sentence is deleted and the third sentence is replaced by the following sentence: "In such a case, the appellant shall submit a declaration that he has not received a reply to his request within the time limit set, or that the transfer has not taken place. '
73.In Article 57 (b), the words "or organisation 'and the provisions of (c) shall be deleted:
"(c) the designation of a public authority, a legal or natural person to use the object of the expropriation for the purpose for which it is expropriated;"
74. In Paragraph 57, the following provision (f) is added:
"(f) a lesson on the possibility and conditions of a request for annulment of the expropriation decision (Section 116 (1) of the Act)."
75. in Paragraph 58 (2), the words "local national committee" are replaced by the words "municipal office."
76. In Paragraph 60 (1) (c), the words "and mining works" are deleted.
Where the term "organisation 'is used in this decree, this shall mean legal persons and natural persons operating under specific rules.
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Regulation Information
| Citation | Decree of the Federal Committee on the Environment, the Ministry of the Environment of the Czech Republic and the Slovak Commission on the Environment No. 378 / 1992 Coll., amending and supplementing the Decree of the Federal Ministry for Technical and Investment Development No. 85 / 1976 Coll., on a more detailed modification of the zoning and construction rules, as amended by Decree No. 155 / 1980 Coll. |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 17.07.1992 |
|---|---|
| Effective from | 17.07.1992 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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