Act No. 422 / 2002 Coll.
Act amending Act No. 50 / 1976 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended
Valid
Law
Effective from 27.09.2002
Text versions:
27.09.2002
422
THE LAW
of 18 September 2002
amending Act No. 50 / 1976 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended
Parliament has decided on this law of the Czech Republic:
Act No. 50 / 1976 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended by Act No. 103 / 1990 Coll., Act No. 425 / 1990 Coll., Act No. 262 / 1992 Coll., Act No. 43 / 1994 Coll., Act No. 19 / 1997 Coll., Act No. 83 / 1998 Coll., Act No. 151 / 2000 Coll., Act No. 239 / 2000 Coll., Act No. 59 / 2001 Coll., Act No. 254 / 2001 Coll., Act No. 320 / 2002 Coll., Act No. 151 / 2000 Coll.
1. The following Section 31a is inserted after Section 31:
(1) In the event of flooding, the zoning authority responsible for approving the zoning documentation may revoke the zoning documentation for the area affected by the floods (hereinafter referred to as the "designated territory concerned '). At the same time, the zoning authority shall decide on the acquisition of a change to the zoning documentation which shall take into account the consequences of flooding in the defined territory concerned. Paragraph 31 (2) shall not apply to the abolition of zoning documentation for the defined territory concerned.
(2) Where the superior spatial planning authority considers that the territorial planning authority responsible for approving the spatial planning documentation was to cancel the territorial planning documentation referred to in paragraph 1 and did not do so, it shall invite it to cancel the zoning documentation within 30 days and at the same time to decide on its amendment. If the zoning authority responsible for approving the zoning documentation does not do so within that period, the superior zoning authority shall suspend the zoning documentation. On this basis, the zoning authority responsible for approving the zoning documentation shall decide without delay on the acquisition of a change in zoning documentation. ';
2. Paragraph 34 (3) reads as follows:
"(3) The municipality shall be a participant in each territorial proceedings. Furthermore, the party to the territorial proceedings shall be the one to whom the special law grants such status; (1b) this shall not apply where the procedure laid down in Article 137a is followed. ';
3. In Article 59 (1), at the end of point (c), the dot is replaced by a comma and the words "if the procedure is not carried out under Article 137a (3) 'are added.
4. The following Section 137a is inserted after Section 137:
Exemptions from the building rules
(1) Measures on construction and land consisting, as appropriate, of the implementation of construction, landscaping or dismantling of buildings which prevent the consequences of natural disasters or sudden accidents, are likely to face their effects and prevent the life or health of persons, or any other damage, may be initiated without prior authorisation under this Law, unless otherwise provided for in specific legislation. However, it must be notified to the Building Office that such measures are being implemented.
(2) If construction or landscaping, destroyed or damaged by a natural disaster or a sudden accident, is to be restored in accordance with the original permits of the construction office, it shall be sufficient that such a measure has been notified in advance to the construction office; Paragraph 57 (2) shall apply mutatis mutandis to this procedure, with a period of 7 days for the written notification of the construction office that it does not object to the renewal of the construction. The declaration shall indicate the construction data to be recovered, a simple technical description of the works and a legal or natural person to carry out the activity.
(3) In the case of construction and landscaping which is necessary to mitigate or avert the consequences of a natural disaster or a sudden accident of a construction,
(a) after consulting the construction office, the content of the proposal (s) and its annexes shall be limited to the extent necessary for the decision;
(b) after consultation with the construction office, a territorial decision or, where appropriate, a merged territorial management with a building procedure or with other procedures under this law or provided that construction or landscaping may be carried out on the basis of their notification;
(c) provided for in the decision that certain documents prescribed as annexes to the proposal (s) or other documents, where appropriate, are to be produced retrospectively within the time limit laid down;
(d) in justified cases, a prior authorisation shall be issued setting a time limit for the additional submission of supporting documents; the procedure shall be carried out and a decision shall be taken upon their submission;
(e) the time limit for carrying out the legal action of the parties to the proceedings is reduced, but not more than half by this law or by the special law of the prescribed time limit; the shortening of the time limits shall be notified by the construction office to the parties when the proceedings are opened.
(4) The appeal against decisions given in the proceedings referred to in paragraph 3 shall not have suspensory effect. "
This Act shall take effect on the day of its publication.
Zaoralek v. r.
Havel v. r.
Spindles v. r.
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Regulation Information
| Citation | Act No. 422 / 2002 Coll., amending Act No. 50 / 1976 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.09.2002 |
|---|---|
| Effective from | 27.09.2002 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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