Measure National Assembly No. 44 / 1956 Coll.

Legal measure on documentation of investment construction

Valid Effective from 01.10.1956
44
Legal action by the Bureau
National Assembly
of 20 September 1956
on documentation of investment construction.
The Bureau of the National Assembly of the Czechoslovak Republic has decided on the following legal measure under Article 66 of the Constitution:
Initial provision.
§ 1.
This legal measure regulates the planning preparation of buildings, which ensures in particular the consistency of investment construction with the planned development of the national economy, and the project preparation of structures, which ensures the most advanced technology and the highest cost-effectiveness in the implementation and operation (use) of buildings.
§ 2.
(1) The provisions of this legal measure apply to planning and project preparation of buildings whose investors are the organisation of the socialist sector.
(2) For the planning and project preparation of buildings carried out under its own direction, from the funds of the Directors' Funds, from shares in predetermined profits, from loans for rationalisation measures or from other similar means, and from actions to enhance and adjust the appearance of cities and municipalities, the provisions of this statutory measure apply to the extent laid down in the implementing provisions (§ 20).
(3) This legal measure does not apply to planning and project preparation of special-purpose construction of single agricultural cooperatives.
Planning.
§ 3.
(1) An investment task is being developed in the planning preparation of the buildings.
(2) The investment task is a brief and concise clarification and definition of the intended construction. It shall identify and justify, in accordance with the needs of the development of the national economy, the area or place of construction, its purpose, the basic data on the type and extent of production or services, after the scope of the work and the progressive technical indicators for its implementation and operation (use); does not contain a technical solution. The investment task shall include indicative data on the amount of the investment costs of the construction.
(3) If other investments are immediately triggered by the intended construction, the investment task shall also include indicative information on such investments and their costs.
(4) In the case of large or long-term investment construction involving several interconnected buildings, following the expansion of existing plants, the link of the construction with the intended construction must be clarified at the same time as the investment task for the first construction.
(5) The approved investment task is the basis for the preparation of project and budget documentation.
§ 4.
(1) The investment task is carried out by an investor.
(2) An investor is required, when preparing the investment task, to discuss provisionally with the competent authorities of the State and with the relevant organisations the possibility of ensuring the essential needs and conditions for the operation (use) of the intended construction in a specified area or place within the scope of the implementing rules.
(3) Investors and bodies authorising investment tasks are required to limit the scope of investment tasks to the extent necessary to assess the economic effectiveness and effectiveness of the intended construction and to draw up project and budget documentation.
(4) The implementing rules specify in which cases the planning preparation is part of the selection of construction sites.
Project preparation.
§ 5.
(1) The project preparation of the buildings shall produce project and budget documentation, which shall, unless otherwise specified, be divided into two stages for the initial project and the implementation project.
(2) The initial project is a comprehensive technical and economic solution for the construction defined by the investment task, with an efficient use of the knowledge of science and technology. It justifies the selection of the construction site and addresses the territorial issues of the construction in accordance with the zoning plan. Specifies the production technology, after the operation organisation and determines the basic technical and architectural solution of the construction. It covers the construction of buildings, after the case of stages, to determine the organisation and duration of the construction. It contains data for ordering major machines, equipment, products, materials and construction and assembly works. The progressivity of the technologies achieved demonstrates the effectiveness of the construction and effectiveness of the proposed solution. The budget for the initial project sets a limit on the investment costs of the construction.
(3) At the same time, the initial project must demonstrate the need, scale and security of the investments generated with indicative cost data.
(4) In the cases referred to in Paragraph 3 (4), at the same time as the initial project for the first construction, a generic solution must be demonstrated to ensure that the building is interconnected with the entire intended construction.
(5) The approved initial project is the basis for the development of implementing projects.
(6) The implementation project expands the technical solution of the object or part thereof contained in the initial project. It sets out design solutions for building elements, their dimensions, architectural formation, type of material and design. It determines in detail the layout of the machinery and distribution and the binding of construction structures, machinery and equipment to ensure the highest economy in the implementation and operation of the proposed construction. The budget for the implementation of the project determines the sale price.
(7) Implementation projects are the basis for the implementation of the construction.
(8) The implementation projects shall not include design, workshop and assembly drawings; the details are laid down in the implementing provisions.
§ 6.
(1) For objects or parts thereof which require new or complex technological or structural solutions, if repeated cost-effective projects cannot be used for them, the project documentation may exceptionally be carried out in three stages by drawing up an initial project, a technical project and an implementation project.
(2) The technical project addresses technical issues the solution of which cannot be detailed in the implementation project on the basis of the initial project. Specifies data for ordering machines, equipment, products, materials, construction and assembly works and technical economic indicators. A budget is drawn up for the technical project for the building, which determines the sales price.
(3) The preparation of project documentation in three stages shall be authorised by the authority authorising the initial project on the basis of a reasoned proposal by the general designer; If the authorising authority is a government, the State Building Committee shall decide on such a proposal.
§ 7.
For simple structures and buildings, project and budget documentation shall be drawn up at one stage under the conditions laid down in the implementing rules.
§ 8.
(1) Project and budgetary documentation are supplied by project, after other justified organisation as general designers. The general projectors shall be responsible for the timely and complete development of project and budgetary documentation, for its technical and economic level and for compliance with the relevant rules ensuring, in particular, the safety and safety of the construction.
(2) The State Construction Committee shall determine in which cases and under which conditions the implementation projects or parts thereof shall be drawn up by suppliers of construction and assembly works.
(3) When drawing up the initial project, the general designer is required to discuss with the competent authorities of the State and with the relevant organisations the basic conditions for the implementation and operation of the proposed construction, to the extent laid down in the implementing rules.
(4) Suppliers of construction and assembly works, machinery and equipment are required to provide the general projectors with the data and supporting documents necessary for the preparation of the project and budget documentation.
(5) Project organisation and authorities approving project and budget documentation are required to limit the scope of the project and budget documents to the extent necessary to assess the proposed solution and to implement and finance the construction.
(6) For objects on which approved type documents are available, individual projects are not allowed. The exemption may be authorised on a case-by-case basis by the State Building Committee or by an authority empowered by it.
(7) The project preparation shall include the selection of the construction site, unless the implementing rules provide otherwise.
§ 9.
(1) The investor is obliged to submit a draft initial project, before it is submitted for approval (§ 11), to the body responsible for the decision on the admissibility of the construction.
(2) That authority shall examine, with the participation of the investor and the general designer, with the other bodies and persons affected by the proposed construction, whether the proposal complies with the applicable rules on the implementation of the construction and does not infringe general or other legitimate interests; according to the outcome of this procedure, it shall decide on any objections to the parties and determine the conditions under which the decision on the admissibility of the construction will be taken.
(3) The authority responsible for the decision on the admissibility of the construction shall, after approval of the initial project, issue a decision on the admissibility of the construction without further procedure if the conditions laid down in the procedure referred to in paragraph 2 have been fulfilled. The decision on the admissibility of the construction shall be taken at the request of a direct investor.
(4) The regulations on business approval of establishments do not apply to buildings whose project documentation is approved under this legal measure.
Investment costs.
§ 10.
(1) For each proposed construction, its investment costs shall be determined by:
(a) in the investment task, on the basis of progressive indicators justified by the world-class analysis;
(b) in project and budgetary documents, on the basis of budgets drawn up in accordance with the relevant rules; the budgets are an integral part of the different stages of the project and budgetary documentation.
(2) The investment costs are determined in the investment task for the whole construction. If the budget exceeds these costs for the initial project, the general designer must justify the overrun.
(3) The budget for the initial project is drawn up for the whole construction, broken down into individual buildings and other works and expenditure. The approved budget for the initial project is an inexcusable limit for the general designer in drawing up the budgets for the implementation projects, if necessary for technical projects. Exceptionally, an increase in the budget for an approved initial project may be authorised by the authority which approved the initial project, on a proposal from the investor, on the basis of the detailed justification of the project. Where a budget can be drawn up for an initial project which determines the sales price, this budget shall be a binding budget for financing. In this case, the budget for the implementing project shall not be drawn up.
(4) The budgets for implementing projects shall specify the budget for the initial project for individual objects or parts thereof, shall set the sales price and shall be binding funding budgets.
(5) In the case of three-stage project documentation, a budget shall be drawn up which determines the sales price and which is binding on financing for the implementation project if the technical project is drawn up for only part of the building; in that case, the budget for the technical project shall not be drawn up. When developing a technical project for the whole building, a budget shall be drawn up which determines the sales price and which is binding on the financing of the technical project; in which case the budget for the implementing project shall not be drawn up.
Approval of documentation.
§ 11.
(1) The approval of the documentation shall verify that the documentation fulfils the tasks of planning and project preparation of the buildings. Approval shall be subject to investment tasks, initial projects, technical projects and budgets.
(2) Work on the initial project must not start before the investment task has been approved.
(3) Work at the next stage of the project documentation must not start before approval of the previous stage. The exemption may be authorised by the authority to which the approval of the preceding stage is due; if the Government approves the previous stage, it authorises an exemption, in agreement with the State Building Committee, the authority which submits the documentation to the Government (paragraph 5).
(4) The documentation shall be submitted to the authorising authorities by direct investors.
(5) The government is presented with documentation by ministers (head of central offices), following the advice of the Regional National Committees with their reasoned proposal. The investment tasks approved by the Government shall be assessed by the State Building Committee for the Government after the State Planning Office has expressed its views. The State Building Committee assesses the initial projects approved by the Government.
§ 12.
(1) The investment tasks are approved by the ministers (heads of central offices or authorities), in the case of bodies authorised by them, unless the government has paid for the approval.
(2) In Slovakia, the investment tasks are approved by the delegates, after the authorities empowered by them, except in the case of buildings for which the government decides to approve the investment task by the Minister, or if the approval is not paid by the government or the board of delegates.
(3) The Councils of the Regional National Committees, after the authorities empowered by them, approve the investment tasks of the regional buildings provided for, unless the approval is paid by the government or by the board of delegates in Slovakia.
(4) Ministers (heads of central offices and authorities), delegates and councils of the Regional National Committees are required to take into account, when authorising subordinate bodies referred to in paragraphs 1 to 3, the competence of the authorised authorities, in particular their ability to ensure a proper assessment of the approved documentation and the importance, scale and complexity of the structures so that their implementation and operation (use) are fully ensured by the highest economy and efficiency.
§ 13.
(1) The provisions of Section 12 apply mutatis mutandis to the approval of initial projects.
(2) The budgets for the initial projects are approved at the same time as the initial projects.
(3) Initial projects are subject to registration; the details shall be adapted by the implementing rules.
§ 14.
(1) The Government may reserve the approval of any planning, project and budget documentation of buildings carried out by state socialist sector organisations as investors, on the basis, as a general rule, of proposals of the State Building Committee, drawn up after consultation with the State Office of Planning and the Ministry of Finance.
(2) The Board of Authors may reserve the approval of any documentation the approval of which is to be given to the delegates, to the Councils of the Regional National Committees in Slovakia or to other bodies of the subordinates of the delegates.
§ 15.
(1) General designers are responsible for ensuring that the implementation project complies with the approved previous stage of project documentation. The essential derogations shall be justified and submitted for approval by the authority which approved the previous stage; if the Government has approved the previous stage, such derogations may be authorised by the State Building Committee.
(2) The budgets for implementing projects are approved by direct investors; However, their approval may be reserved by the authorities to direct investors of the supervisors.
§ 16.
(1) The authorities which have authorised the development of technical projects (Section 6 (3)) shall determine who will approve the technical projects.
(2) The budgets for technical projects, where they are drawn up, are approved at the same time as technical projects.
§ 17.
The project and budget documents drawn up at one stage shall be approved by the authorities responsible for approving the initial projects.
§ 18.
The government shall lay down the conditions for the submission of project and budget documentation to suppliers of construction and assembly works, machinery and equipment.
Transitional and final provisions.
§ 19.
(1) The investment tasks and the various stages of the project and budget documentation submitted for approval by the date of application of this legal measure will be approved by the authority competent for approval under the existing rules. Initial projects which have not been approved by the date of effectiveness must be completed in accordance with the provisions of this statutory measure.
(2) For construction works for which initial projects have been approved under the existing rules, technical projects may be developed, unless otherwise specified, only under the conditions laid down in Section 6.
(3) For these constructions, the development of technical projects according to existing regulations shall be permitted for buildings on which work will be started by 30 June 1957, unless it is waived by an agreement between the investor and the contractor of construction and assembly works concluded with the participation of the general designer, or unless the government provides otherwise. These technical projects shall be approved by the authorities competent under the existing rules.
(4) Where technical projects pursuant to paragraph 3 or § 6 are not drawn up, the project managers shall supply the initial projects which have been approved in accordance with the existing regulations with data for ordering the main machinery, equipment, products, materials and assembly, if the initial project does not contain such data. These supplements are not subject to approval.
§ 20.
The regulations implementing this legal measure shall be issued by the State Building Committee.
§ 21.
Government Regulation No. 28 / 1952 Coll., on Project and Budget Documentation of Investments, as amended by Government Decree No. 8 / 1954 Coll., is hereby repealed.
§ 22.
Measures taken before 1 October 1956 in conformity with this legal measure shall be deemed to have been taken under this legal measure.
§ 23.
This legal measure shall take effect on 1 October 1956; All members of the government will do it.
Zaporocký v. r.
Fierlinger v. r.
Broad v. r.
Dolan v. r.
Kopecký v. r.
Ing. Jankovcová v. r.
Polack v. r.
Bark v. r.
Ing. Shimonek v. r.
Dr Kylý v. r.
Plojhar v. r.
Dr. Nove v. r.
Bakuľa v. r.
David v. r.
Děuriš v. r.
Krajčir v. r.
Kromir
Machachová v. r.
Dr. Unedible v. r.
Tesla v. r.
Uher v. r.
Lamb
Jonah v. r.
Reitmajer v. r.
Dr Skoda v. r.
Bukal v. r.
Dvořák v. r.
Dr Kahuda v. r.
General Colonel Lomská v. r.
Dr Neuman v. r.
Ouzký v. r.
Pospíšil v. r.
Ing. Púčik v. r.
Dr. Vlasák v. r.
He beat the shit out of me.

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Regulation Information

CitationMeasure National Assembly No. 44 / 1956 Coll., on documentation of investment construction
Regulation Type-
Author-
CollectionCode of Laws
Date of Promulgation29.09.1956
Effective from01.10.1956
Effective until-
Status Valid
The regulation text is for informational purposes only.
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