Decree No 43 / 1990 Coll.
Decree of the State Commission for Scientific, Technical and Investment Development on Project Preparation of Buildings
Valid
Effective from 15.03.1990
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43
DECLARATION
State Commission for Scientific, Technical and Investment Development
of 12 February 1990
on project preparation of buildings
The National Commission for Scientific, Technical and Investment Development provides for the jurisdiction of the Federal Central Authorities (Federal Central Authorities) under § 29 (c), (d) and (e) of Act 194 / 1988 Coll., and § 143 (1) (d) and (h) of Act No. 50 / 1976 Coll., on Territorial Planning and Construction Regulations (Construction Act):
INTRODUCTORY AND GENERAL PROVISIONS
Subject matter and scope of the adjustment
(1) The Order is amended by:
(a) the principles of building design 1) requiring building permits 2) or other similar permits; 3)
(b) the formalities for the award of the buildings attached to the application for a decision on the location of the construction; 4)
(c) the details of the construction projects attached to the application for a building permit (5) or any other similar permit.
(2) The decree covers buildings whose investors (builders) are organisations or organisational units, and which are to be carried out in the territory of the Czechoslovak Socialist Republic. The decree applies - with the exception of annexes - also to buildings to be carried out abroad by Czechoslovak organizations for the Czechoslovak Socialist Republic.
Terms
(1) The investor is an organisation from which the construction is financed and which usually ensures its preparation and implementation.
(2) The general projector is an organisation authorised to carry out project activities under specific regulations, 6) which has committed itself (7)
(a) the delivery of the whole construction project and, where appropriate, the delivery of part of the construction project and the coordination of other parts of the construction project processed by suppliers and the completion of the project attached to the application for a building permit (Annex 2); and
(b) to exercise copyright supervision.
If specific regulations allow, 6) this activity can be performed by a citizen as a designer by an individual.
(3) Buildings for urban and municipal development are buildings for housing, construction of technical, civil or other equipment.
(4) The establishment of a construction site means temporary buildings and equipment which, at the time the construction is carried out, serve the operational and social purposes of the construction participants; For this purpose, also objects and equipment which are built as part of the construction or are already built and lent to it by an investor, supplier or other organisation. Temporary buildings of construction site equipment strictly necessary for the implementation of the construction site, which are not covered by global rates, 8) or by the general costs of wholesale prices of construction and assembly works, constitute non-global construction site equipment.
PROJECT PREPARATION PRINCIPLES
Installation
(1) In the award of the construction (hereinafter referred to as the award), the investor expresses, in particular, the purpose of the construction, the objective which it intends to achieve, the basic parameters of the construction, the conditions which must be complied with, the requirements for its preparation and implementation and the requirements for the user solutions of the construction.
(2) When processing the award, the investor is based on his own development concept, development documents, approved planning documentation and other materials used to formulate his requirements.
(3) The award is for the purpose of seeking account of incoming suppliers, in particular the provision of their preliminary offers (information).
(4) The award to Annex 1 is accompanied by an application for a decision on the location of the construction, if the territorial and construction procedures are not merged. 9) The territorial management of urban and municipal development structures may be further merged by the construction office in cases where the conditions for the location of such structures are dealt with in detail by an approved zoning plan or an approved zoning project.
(5) In cases where the territorial and construction proceedings are merged, the award of urban and municipal development works shall be limited to the data necessary for the conclusion of the project delivery contract and, where appropriate, other delivery contracts.
(6) The award, as a general rule, evidenced by the decision on the location of the construction is also a basis for draft contracts, taking into account the incoming suppliers; the project is part of the draft contract in the details necessary for the conclusion of the contract or part of the project, to the extent that the supplier is supplied.
(7) The development of the award attached to the design for the decision on the location of the construction may be ensured by the investor for the project or other approved organisation. 10)
Construction project
(1) The project of construction (hereinafter referred to as "the project") means a comprehensive architectural, technical, economic, ecological and artistic solution of the construction, including the entitlements and conditions for the implementation of the construction, processed in the scope and details needed
(a) an investor to verify that his or her intentions expressed in the award may be realised while ensuring the protection of social interests;
(b) to conclude supply contracts, unless they have been concluded on the basis of an award;
(c) to coordinate the implementation of the construction.
(2) Annex 2 sets out the requirements of the project attached to the application for a building permit (2) or other similar authority( 3).
(3) In particular, the award and decision on the location of the construction is the basis for the project processing, if the territorial and construction procedures are not merged.
(4) If the investor does not secure the construction, including the project, with one supplier, 11) the project is secured by the general designer, with the exception of those parts of the project which are provided for by the suppliers concerned, at least to the extent necessary to conclude the supply contract.
(5) In economic contracts, the investor shall agree with the suppliers and the project planner on the way in which the project is processed, its content and scope, the transfer of project materials, including the transfer of parts of the project in the process and the coordination of individual parts of the project.
Protection of specific interests in the processing of the award and project
(1) The public authorities or, where appropriate, the bodies responsible for the performance of the public administration, which defend the social interests under specific rules, are required to limit all consideration of the procurement and projects to the extent necessary and, where possible, to combine them effectively in order to prepare the buildings in a timely manner; they may not make their opinions conditional on the opinions of other institutions or organisations.
(2) Save as otherwise provided in specific provisions
(a) consultation shall take place during work as necessary;
(b) the authorities and organisations to which the award or project is being discussed are not entitled to require the submission of the award or project in its entirety, but only parts which affect their competence;
(c) cases which have already been dealt with in the processing of the award are reconsidered only if, during the work on the project, the assumptions underlying the award have changed; the negotiation of the project shall also be suspended if it has only been the subject of verification that the conditions for the negotiation of the award procedure have been complied with.
(3) The authorities and organisations referred to in paragraph 1 are required to provide consultations, as appropriate, with the data and information necessary for the processing of the award and the project, not later than 15 days after request, unless specific rules provide for a different deadline.
Authorised supervision
(1) The author's supervision verifies compliance with the project in the implementation of the construction.
(2) The author's supervision is carried out by the designer general.
(3) In the performance of copyright supervision, the general designer shall in particular:
(a) notify the investor, the supplier and the public administration concerned without undue delay if the non-compliance with the project, legislation and technical standards is established;
(b) require that work be not initiated or, where appropriate, that work be stopped if the serious defects alleged under (a) have not been remedied in due time or if the important interests of the company could otherwise be jeopardised.
(4) The scope of copyright shall be agreed in the economic agreement.
Documentation of actual construction implementation
(1) The documentation for the actual implementation of the construction is a project and, where appropriate, other necessary documentation agreed upon by the investor with the relevant supplier indicating any changes made to the implementation of the construction.
(2) The documentation of the actual implementation of the construction is provided by the investor with the general designer, or by suppliers supplying the investor with the relevant part of the project.
(3) The relevant suppliers to the investor, if they are not suppliers of the project, shall be indicated as the basis for processing the documentation for the actual implementation of the construction into a single copy of the project submitted.
Total construction costs
(1) The total cost of the construction ("total costs") is all the costs and expenses of the investor associated with its acquisition. They are specified in the assignment and in the project.
(2) The total cost is determined as the contract price of the construction, (12) if the specific rules allow it, or as the sum of the partial price of supplies and (or) the cost of supplies and other expenditure.
(3) If the contract price of the construction or the partial price of supplies is not agreed, the costs shall be determined according to the price rules. 13)
(4) The total costs cover all costs related to the preparation, implementation and putting the construction into service, i.e. in particular:
(a) the cost of project and survey work (including copyright, model for projects, geological research, geodetic work for the project, science surveys, etc.);
(b) the cost of machinery, equipment and inventory, which constitute operational files and constitute basic means after assembly, the cost of software for automated management systems;
(c) the cost of acquiring building buildings (including prescribed tests) and the modification of the territory associated with reclamation (14), including greening, the cost of disposal and, where appropriate, the transfer of existing basic funds, the cost of investments generated, including provisional facilities;
(d) the cost of acquiring separate basic funds which do not require installation;
(e) the cost of works of art, 15) if they form an organic and integral part of the architectural design;
(f) ancillary costs laid down in the special regulation8) and costs for non-global construction site installations;
(g) the cost of work carried out by non-construction and assembly organisations, the cost of patents and licences;
(h) unforeseen costs;
(i) the cost of purchasing existing basic funds, land withdrawal payments, increased costs associated with the import of foreign construction or assembly capacity;
(j) contributions to other investors;
(k) operating costs for preparation (including the award of construction) and construction security, internal equipment (small and short-term items), software, costs of biological reclamation, contributions and taxes for the use of natural resources and for environmental protection.
(5) The corresponding forms may be used to express the total cost of the construction; (16) for buildings for which a special rule is so prescribed, they shall be compulsory.
Control of total costs
In order to monitor the drawing of actual supply costs during construction, the investor shall, as appropriate, provide for the general designer to compile the total costs. 16)
State investment expertise
(1) State investment expertise (hereinafter referred to as "State expertise") means a cumulative assessment of the economic needs of investments in their technical, economic consequences, effects and efficiency, and their impact on the environment and natural resources.
(2) State expertise is carried out by state experts. According to jurisdiction, they are the State Commission for Scientific, Technical and Investment Development, the Czech Commission for Planning and Scientific and Technological Development and the Slovak Commission for Planning and Scientific and Technological Development.
(3) The exercise of State expertise shall not be carried out in accordance with a specific measure as from the date of entry into force of this Decree, 17) except as otherwise provided in the specific regulation.
TRANSITIONAL AND FINAL PROVISIONS
Transitional provisions
(1) Where work on preparatory or project documentation has been initiated at the date of application of this decree, it shall be completed in accordance with the regulations still in force, unless an investor with a general designer and direct suppliers is satisfied that they will comply with this decree.
(2) The State expert on the documentation submitted on the date of application of this Decree to the competent authority of the State expert for the assessment and the documentation drawn up on the date of application of this Order shall be carried out in accordance with the existing provisions, unless the competent authority of the State expert decides otherwise.
(3) For buildings which were completed by 31.12.1989, the final evaluation of the construction shall be carried out in accordance with the existing regulation.
For buildings of citizens in which the activity authorised under the special regulations will be carried out, the construction office may, where justified, determine (18) that the supporting documents attached to the application for a decision on the location of the building and the application for a building permit shall be processed to the extent specified in the annexes to this decree.
Repeal
The Decree of the State Commission for Scientific, Technical and Investment Development No. 5 / 1987 Coll., on the Documentation of Buildings is hereby repealed.
Efficacy
The Decree takes effect on 15 March 1990.19)
Deputy Prime Minister of CSSR and Chairman of the State Commission for Scientific, Technical and Investment Development:
MVDr.
Příloha č. 1
Annex No 1
Basic elements of the award of the building attached to the proposal for a decision on the location of the building
A. Accompanying message
1. Identification of construction and investor
2. Basic construction data
- a brief description of the construction in terms of function, requirements for urban, architectural and artistic solutions, with an indication of the proposed capacities,
- traffic or production data,
- the characteristics of the territory, the protection zones concerned, the protected parts of the territory, cultural monuments, demolition requirements, green felling (land and forestry fund),
- the environmental impact of construction, operation or production, the envisaged method of limiting or eliminating any negative effects,
- resistance and security in terms of fire protection and civil defence.
3. Justification of the construction and its location
4. Motivating assumptions
- transfers of civil engineering networks, restrictions on existing operations and other measures needed to release and implement the proposed site of construction,
- conditional, induced and other related investments and assumptions or claims on their security,
- connection to existing technical equipment of the territory, capacity entitlements balance and possibilities,
- relations with existing public and civil equipment of the territory, including public transport,
- security of the main energies and their rational use, water management and transport for production facilities,
- the number of employees for operations and production in the necessary qualification structure.
B. Drawings
1. Situation drawing on the scale of the land map indicating the location of the construction and construction site and their links to the surrounding area and indicating the area of permanent or temporary harvesting of the agricultural or forestry fund, where applicable.
2. The construction situation usually on the scale 1: 500 based on the current state of the territory contains
- identification of the location of the construction and construction sites and their links to the surrounding areas, including connection to distribution networks and sewerage, connection to the communication network,
- drawing up of existing underground distribution networks and sewerage and, where appropriate, other facilities,
- marking of protection zones and protected objects and, where appropriate, of crops intended for destruction,
- a description of the incoming demolitions.
The situation of the building is usually handled on a scale of 1: 500, in the case of large-scale buildings and in the case of large-scale line structures on a scale corresponding to the nature of these structures, usually 1: 2000 or 1: 5000. If the design of the area is particularly extensive, a map base is processed according to the nature of the construction in the scale 1: 10 000 to 1: 50 000, indicating wider relations (effects) to the surrounding area. 20)
3. Design of architectural and layout solutions of building objects.
Příloha č. 2
Annex No 2
Details of the construction project attached to the application for a building permit
A: accompanying message
B: Technical summary report
C: Total construction situation (stopping plan)
D: Coordination drawing of the construction
E: Documentation and construction drawings of ground and engineering objects
F: Construction and implementation of construction
A. Accompanying message
1. Identifying information
2. Basic data characterising the construction and its future operation
3. An overview of the underlying documents
4. Structure breakdown
5. Physical and temporal links of the building to the surrounding construction and related investments
6. Overview of users and operators
7. Start and finish dates
8. Test operation and duration in relation to completion, approval and use of the construction, or data on possible gradual transfer of parts of the construction into use
9. Estimated total construction cost
B. Technical summary report
1. Characteristics of the construction territory
1.1 Assessment of the location and condition of the construction site, data on existing buildings, plants, distributions and installations (ground, above ground, underground), existing greenery, protection zones, contiguous areas, claims for land and forest funds, inuntations and protected areas, objects and crops.
1.2 The surveys carried out and the consequences thereof for the design of the construction. For reconstruction, modernization and expansion of the existing basic resources, evaluation of their condition and restoration of cultural monuments, also evaluation of their condition from the artistic and historical point of view.
1.3 The map and geodetic materials used, the detection, targeting and verification of underground lines, the reference to the geodetic documentation.
1.4 Preparation for construction, i.e.
- the release of land and objects,
- temporary use of buildings for the construction period,
- the method of carrying out the demolitions and the site of the landfill,
- the extent and method of disposal of the crops (transfer, felling, utilization), the issue of consent to destruction and the conditions laid down,
- security of protection zones, protected objects and crops during construction,
- transfers of underground and above-ground lines, transport routes and, where appropriate, flows,
and other restrictive or security measures in the preparation of construction sites and during construction (blast, traffic lockout, energy supply restrictions, etc.).
2. Urban, architectural and construction technical solutions
2.1 The rationale for urban, architectural, artistic and building technical solutions of the building, taking into account the purpose of the construction, its location, conditions of conservation and environmental protection. Basic data on construction systems or structures used, use of typing and repeatability. Barrier-free modifications for the movement of disabled persons.
2.2. Data on technical or manufacturing equipment and the main production technology, including on open spaces
- production programme, main production activities,
- a brief description of the production technology (additional relevant data on the technological equipment shall be provided separately as necessary),
- the concept of storage of raw materials, materials and products, justification of storage facilities,
- possibilities for intensifying and expanding production,
- the volume composition of raw materials, materials and waste materials, their origin and final composition,
- the principles of the technical solution of the construction in relation to operating parameters and maintenance requirements,
- method of ensuring consumables, energy and exchange.
2.3 Transport solutions, connection to the transport system, garages and parking lots, standing numbers and technical equipment.
2.4 Modifications of areas and spaces, small architecture, fencing, public greenery.
2.5 Environmental care
- the impact of the use and operation of the construction on the environment, resources, types, properties, quantity of pollutants and other potential threats,
- the method of disposal, utilization and disposal of waste materials and energy and the method of disposal or reduction of risk effects, or any other adverse effects on the environment resulting from the use or operation of the construction,
- solutions for the protection of construction against noise from road, rail, air, ship or other sources,
- construction, space, indoor and acoustic solutions, noise protection from production or operating equipment, data on daylight and sun, artificial lighting solutions,
- other negative effects on the construction within the existing environment and the protection against them.
2.6 Safety and technical equipment
- sources of risk to the health and safety of workers,
- a way of reducing risk effects,
- safety zones and escape routes,
- protection of workers and the working environment against the effects of pollutants,
- technical installations and areas for operation, maintenance and repair,
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Regulation Information
| Citation | Decree of the State Commission for Scientific, Technical and Investment Development No. 43 / 1990 Coll., on Project Preparation of Buildings |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 20.02.1990 |
|---|---|
| Effective from | 15.03.1990 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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