What is Decree No. 503 / 2006 Coll.?

Decree No. 503 / 2006 Coll., on more detailed arrangements for territorial decision-making, zoning measures and building regulations — Decree on more detailed arrangements for territorial decision-making, zoning measures and construction rules.

When it became Decree No. 503 / 2006 Coll. effectiveness?

Decree No. 503 / 2006 Coll. became effective 01.01.2007.

Is Decree No. 503 / 2006 Coll. still valid?

Yes, Decree No. 503 / 2006 Coll. is still valid and effective.

How many times was it Decree No. 503 / 2006 Coll. amended?

Decree No. 503 / 2006 Coll. has 5 time versions of the text.

Decree No. 503 / 2006 Coll. - Decree on more detailed arrangements for...

503

DECLARATION

of 10 November 2006

on more detailed arrangements for zoning, zoning and construction

The Ministry of Local Development provides pursuant to § 193 of Act No. 183 / 2006 Coll., on Territorial Planning and Construction Regulations (Construction Act):

ČÁST PRVNÍ

SUBJECT MATTER OF THE ADJUSTMENT

§ 1

(1) This Decree regulates the content requirements

(a) requests for territorial planning information;

(b) applications for individual types of territorial decisions and their annexes;

(c) requests for a territorial decision with an environmental impact assessment and its annexes;

(d) requests for joint authorisation and annexes thereto;

(e) requests for joint authorisation with an environmental impact assessment and annexes thereto;

(f) information on the intention in the territory and the application for a territorial decision;

(g) the types of territorial decisions;

(h) joint authorisation;

(i) joint authorisation with environmental impact assessment;

(j) applications for decisions in simplified territorial proceedings;

(k) information on the draft operative part of the decision in the simplified territorial procedure;

(l) notification of the project and its annexes;

(m) territorial consent;

(n) joint notification of the project and its annexes;

(o) joint consent.

(2) This decree further regulates the content requirements

(a) a public contract replacing a territorial decision;

(b) zoning measures on the construction closure;

(c) territorial arrangements for the rendering of the territory.

(3) In matters of the building rules, these regulations further regulate the content of the

(a) the announcement of the buildings referred to in § 104 (1) (a) to (e) of the Construction Act and its annexes;

(b) applications for building permits and annexes thereto;

(c) notification of a building project with an authorised inspector's certificate, an application for authorisation of early use of the construction, an application for approval of the approval of the building, an authorised inspector's certificate, a notification of a change in the use of the construction, a declaration of removal of the construction and documents attached thereto,

(d) the decision of the construction office authorising the implementation of the construction, the public contract which may replace the building permit, the approval of the building, the approval and the decision to change the use of the building, the consent and decision to remove the construction and the decision to grant the building allowance;

(e) calls for redress and the scope of the survey for the inspection of the construction.

(4) In the case of a construction-based technical prevention system, this decree regulates the scope and manner of transmission of information on the occurrence of defects, failures or accidents in the construction.

ČÁST DRUHÁ

TERRITORIAL PROCEDURE

HLAVA I

APPLICATION FOR TERRITORIAL PLAN INFORMATION

(K § 21 (4) of the Building Act)

§ 2

(1) The request for zoning information shall include:

(a) identification of the applicant pursuant to Section 37 (2) of the Administrative Regulation;

(b) the cadastral territory and the parcel numbers of the parcels on which the applicant intends to implement the plan;

(c) the type of zoning information requested by the applicant (Section 21 (1) of the Building Act);

(d) data on the current use of land and buildings on it;

(e) the type, purpose and description of the intended project, its basic dimensions and capacity, the requirements for connection to public transport and technical infrastructure.

(2) The applicant shall attach to the application for zoning information the overall situation on the scale of the cadastral map, indicating the desired intention and its links to the surrounding area (distance from the land border, connection to public transport and technical infrastructure, etc.).

HLAVA II

APPLICATION FOR A TERRITORIAL DECISION

(Articles 86 (6) and 94c (3) of the Building Act)

§ 3

Application for a decision on the location of the building

(1) The application for a decision on the location of the construction shall be made by means of a form, the particulars of which are set out in Annex 1 to this order.

(2) The applicant shall attach to the application for a decision on the location of the construction, the annexes listed in Part B of the application for a decision on the location of the construction (Annex 1 to this Decree) and, according to the type of construction, the documentation referred to in Annexes 1 to 5 to the construction documentation decree. The documentation shall be completed in duplicate.

(3) The applicant shall also attach to the application for a territorial decision with an environmental impact assessment, which shall be made on a form the contents of which are set out in Annex 1 to this Regulation, the annexes listed in Part D of the form and, according to the type of construction, the documentation referred to in Annexes 1 to 5 to the Environmental Impact Assessment Act under Section 10 (3) and Annex 4 to the Environmental Impact Assessment Act.

(4) The application for a zoning decision for a set of buildings on the site of a nuclear installation, in addition to the content elements set out in Annex 1 thereto, contains:

(a) identification data on construction in a set of buildings, their type and purpose, their composition, basic data on capacity and time maxima of inputs and outputs, maximum area of built-up areas for the location of buildings in the premises, maximum height limits of buildings within the premises, minimum exit distances of individual buildings from the site border and adjacent buildings outside the premises;

(b) an indication of the duration of the construction when the construction is proposed for temporary use.

§ 4

Application for a decision to change the use of the territory

(1) An application for a decision to change the use of the territory shall be made by means of a form the particulars of which are set out in Annex 2 to this Order.

(2) The applicant shall attach to the application for a decision to change the use of the territory the annexes listed in Part B of the application for a decision to change the use of the territory (Annex 2 to this Decree) and the documentation referred to in Annex 6 to the order on the documentation of the buildings. The documentation shall be completed in duplicate.

(3) The applicant shall also attach to the application for a territorial decision with an environmental impact assessment, which shall be made on a form the contents of which are set out in Annex 2 to this Regulation, the annexes listed in Part D of the form and, depending on the nature of the change in the use of the territory, the documentation referred to in Annex 6 to the Decision on the documentation of buildings and the documents on the environmental effects of the project pursuant to § 10 (3) and Annex 4 to the Environmental Impact Assessment Act.

§ 5

Application for a decision to change the effects of the use of the building on the territory

(1) An application for a decision to change the effects of the use of the construction on the territory shall be made on a form the contents of which are set out in Annex 3 to this Order.

(2) The applicant shall attach to the application for a decision to change the impact of the use of the construction on the territory of the applicant the annexes listed in Part B of the application for a decision to change the impact of the use of the construction on the territory (Annex 3 to this Decree) and the documentation referred to in Annex 3 to the construction documentation decree. The documentation shall be completed in duplicate.

(3) The applicant shall also attach to the application for a territorial decision with an environmental impact assessment, which shall be made on a form, the contents of which are set out in Annex 3 to this Regulation, the annexes listed in Part D of the form and the documentation referred to in Annex 7 to the Environmental Impact Assessment Act, as provided for in Section 10 (3) and Annex 4 to the Environmental Impact Assessment Act.

§ 6

Application for a decision to divide or consolidate land

(1) An application for a decision on the division or consolidation of land shall be made on a form the contents of which are set out in Annex 4 to this Order.

(2) The applicant shall attach to the application for a decision on the division or coupage of the parcels the annexes listed in Part B of the application for a decision on the division or coupage of the parcels (Annex 4 to this Decree).

(3) The Graphic annexes to the application are attached in duplicate.

§ 7

Application for a decision on the protection zone

(1) An application for a decision on the protection zone shall be made on a form containing the particulars set out in Annex 5 to this Regulation.

(2) The applicant shall attach to the application for a decision on the protection zone the annexes listed in Part B of the application form for a decision on the protection zone (Annex 5 to this Regulation).

(3) The Graphic annexes to the application are attached in duplicate.

§ 7a

Application for a joint authorisation

(K § 94l (7) and § 94s (6) of the Building Act)

(1) An application for a joint authorisation shall be made on a form containing the particulars set out in Annex 6 to this Order.

(2) The application for a joint authorisation shall be accompanied by the annexes listed in Part B of the application form for a joint authorisation in accordance with Annex 6 to this Regulation and according to the type of construction, by the documentation referred to in Annexes 8 to 11 to the Regulation on the documentation of buildings.

(3) The applicant shall also attach to the application for a joint authorisation with an environmental impact assessment, which shall be made on a form the contents of which are set out in Annex 6 to this Regulation, the annexes listed in Part C of the Form and, according to the type of construction, the documentation referred to in Annexes 8 to 11 to the Environmental Impact Assessment Act pursuant to Section 10 (3) and Annex 4 to the Environmental Impact Assessment Act.

(4) The documentation shall be completed in duplicate. If the municipality of the municipality whose territory is affected by the construction project is not the municipality of the municipality, the documentation shall be attached in three copies, except for the construction within the competence of the military or other building office; if the builder is not the owner of the construction, one additional copy shall be attached. Further copies of the accompanying report, the summary technical report, the situation drawings and the documentation of the objects for which the co-operation offices are responsible shall be attached in the necessary number in the case of a set of structures, provided that the location or permit of the secondary construction is not the competent building office which issues the decision.

HLAVA III

INFORMATION ON TERRITORIAL DETERMINATION AND ADMINISTRATION OF THE APPLICATION FOR A TERRITORIAL DECISION

(K § 87 (5) of the Building Act)

§ 8

(1) Information on the intention in the territory and the application for a territorial decision shall include:

(a) identification of the applicant pursuant to Section 37 (2) of the Administrative Regulation;

(b) the subject matter of the territorial procedure with its concise characteristics;

(c) the cadastral territory and the parcel numbers of the parcels concerned;

(d) an indication of whether the subject matter of the zoning procedure requires an environmental impact assessment;

(e) the place and time of the public oral hearing, possibly linked to the local investigation;

(f) a statement that the objections, binding opinions and observations may be invoked by the parties, the institutions concerned and other persons concerned at the latest at the public oral hearing, otherwise they shall not be taken into account;

(g) an indication of where the documents for the decision can be consulted.

(2) The information shall include a graphical expression of the project, which shall constitute a situation drawing of the subject-matter of the territorial management and its links and effects on the surrounding area, in particular the distance from and the construction of neighbouring land and buildings thereof, and, where appropriate, an indication of the appearance of the project. In the case of a set of buildings on the site of a nuclear installation, only the areas of the site of the nuclear installation and its links to the surroundings are graphically defined.

(3) The information referred to in paragraphs 1 and 2 must be drawn up in such a way as to ensure its legibility and weather resistance, at least of the size of A3.

HLAVA IV

TERRITORIAL DECISION

(K § 92 (5) of the Building Act)

§ 9

Decision on the location of the construction

(1) The decision on the location of the building, in addition to the general requirements of the decisions (2) and those laid down in § 92 of the Building Act, contains:

(a) the type and purpose of the building in place;

(b) the cadastral territory and the parquet numbers and type of land according to the cadastral property on which the construction is located;

(c) the location of the building on the land, in particular the minimum distance from the boundaries of the land and neighbouring buildings;

(d) identification of the spatial design of the construction, in particular the ground plan size, maximum height and shape and basic data on its capacity;

(e) the definition of the territory of the affected effects of the construction.

(2) The decision on the location of the construction in justified cases also includes:

(a) the conditions set out in the binding part of the binding opinion of the institution concerned, resulting, where appropriate, from the outcome of the resolution of disputes;

(b) additional conditions for project preparation of the construction;

(c) the conditions for connecting the construction to public transport and technical infrastructure.

(3) The decision on the location of the building for which a binding opinion of the zoning authority is not issued pursuant to § 96b of the Construction Act contains, as appropriate, the conditions for ensuring compliance of the construction with the zoning documentation and with the objectives and tasks of zoning planning.

(4) The decision on the location of a set of buildings on the nuclear site contains:

(a) the definition of the site as a building site;

(b) data on the cadastral territory and the parchment numbers and type of land according to the cadastral property on which the building set is located;

(c) determining the composition, type and purpose of the structures;

(d) determination of the minimum exit distances of buildings located within the nuclear site from the site border or, where appropriate, from neighbouring buildings outside the nuclear site;

(e) the definition of the maximum area of built-up areas for the location of buildings on the site of a nuclear installation, the maximum height limitation of structures within the site of a nuclear installation;

(f) establishing the framework conditions for the connection of the construction to transport and technical infrastructure, in particular points of connection and capacity, the limit requirements for inputs and outputs necessary for the implementation and operation of the site, the capacity and time limits of authorised inputs, such as water, energy and stored fuel, and the capacity and time limits of authorised outputs, such as waste water, waste, emissions and imitations;

(g) the definition of the territory of the affected effects of the construction;

(h) the conditions set out in the binding part of the binding opinion of the institution concerned, possibly resulting from the outcome of the dispute resolution;

(i) laying down, as necessary, additional conditions for project preparation of the construction;

(j) the establishment of a period of validity if it is to be longer than the construction law;

(k) in the case of temporary structures, setting a deadline for their removal.

(5) In the case where, pursuant to § 8 or § 56 of the Nature and Landscape Conservation Act, a binding opinion is issued by the competent nature conservation authority instead of an authorisation, the territorial decision shall also include a permit for felling timber or an exemption from the prohibitions of specially protected plant and animal species. In the case where a binding opinion is given by the competent road administration instead of an authorisation, pursuant to Section 32 of the Road Act, the territorial decision shall also contain a permit to place a construction which requires an authorisation under specific regulations.

(6) In the case of a decision of a construction office providing that for the buildings referred to in § 104 (1) (f) to (h) of the construction law, a declaration (§ 78 (6) of the construction law) will not be required for their implementation, the decision on the location of the building and the conditions for the implementation of the construction.

(7) In case the construction is identified as unfit for assessment by an authorised inspector (Section 117 (1) of the Building Act), this designation is an integral part of the decision on the location of the construction.

(8) The annex to the decision on the location of the construction is a cadastral situation drawing in accordance with Annexes 1 to 5 to the construction documentation decree. For liner structures longer than 1 000 m and especially large ones, a situation drawing of wider relationships is attached to the construction documentation decree according to Annexes 1 to 5.

§ 10

Decision to change land use

(1) The decision to change the use of the territory in addition to the general requirements of the decisions2) and the requirements laid down in § 92 of the Building Act contains:

(a) the cadastral territory, the parquet numbers and the type of land according to the cadastral property to which the change of use relates;

(b) the area definition and determination of the re-use of the territory.

(2) The decision to change the use of the territory, as appropriate, also includes:

(a) the conditions set out in the binding part of the binding opinion of the institution concerned, resulting, where appropriate, from the outcome of the resolution of disputes;

(b) additional conditions for project preparation for land use change;

(c) the conditions under which the territory is connected to the public transport and technical infrastructure and the means of its safe drainage.

(3) The decision to change the use of the territory for which a binding opinion of the zoning authority is not issued pursuant to § 96b of the Construction Act contains, as appropriate, the conditions for ensuring compliance of the changes under consideration with the zoning documentation and with the objectives and tasks of zoning.

(4) In the case where, pursuant to § 8 or § 56 of the Nature and Landscape Conservation Act, a binding opinion is issued by the competent nature conservation authority instead of an authorisation, the decision to change the use of the territory shall also include a permit for felling of timber or an exemption from the prohibitions for specially protected plant and animal species. In the case where a binding opinion is given instead of an authorisation under Section 32 of the Road Transport Act, the decision to change the use of the territory shall also include an authorisation to make landscaping arrangements which would reduce or increase the level of terrain in relation to the road level.

(5) In the case of a decision of a construction office providing that a declaration (Section 78 (6) of the Building Act) will not be required for the field arrangements referred to in Section 104 (1) (i) of the Building Act to be implemented, the decision to change the use of the territory and the conditions for making the change.

(6) The annex to the decision to change the use of the territory is a cadastral situation drawing as set out in Annex 6 to the Decree on Documentation of Buildings. In the case of changes in the use of land of a particularly extensive nature, a situation drawing of wider relations as referred to in Annex 6 shall be attached to the construction documentation decree.

§ 11

Decision to change the impact of the use of the building on the territory

(1) The decision to change the effect of the use of the building on the territory except for the general requirements of the decisions (2) and the requirements laid down in § 92 of the Building Act contains:

(a) the description of the construction concerned by the change in the impact of the use, the parcustoms numbers and the type of land according to the cadastral of the property on which the construction is located;

(b) a specification of the change in use of the construction.

(2) The decision to change the effects of the use of the building on the territory shall, as appropriate, include the conditions set out in the binding part of the binding opinion of the institution concerned and, where appropriate, the result resulting from the resolution of conflicts.

(3) The annex to the decision to change the effect of the use of the building on the territory is the overall situation on the scale of the cadastral map, or the selected part of the building documentation referred to in Annex 7 to the construction documentation decree.

§ 12

Decision on the division or consolidation of land

(1) The decision on the division or consolidation of the land, in addition to the general requirements of the decisions (2) and the requirements laid down in § 92 of the Building Act, contains:

(a) the cadastral territory, the partial numbers and the type of land, according to the cadastral property to which the division or consolidation relates;

(b) the identification of new land borders with access from publicly accessible infrastructure to each parcel.

(2) Furthermore, the decision on the division or consolidation of the land shall include, where appropriate, the conditions set out in the binding part of the binding opinion of the institution concerned and, where appropriate, the result resulting from the resolution of the discrepancies.

(3) The Graphic Annex to the Decision on the division or consolidation of land, certified by the construction office, contains the overall situation on the scale of the cadastral map indicating the new boundaries of the land and access from publicly accessible infrastructure to each newly created land.

§ 13

Decision on the protection zone

(1) The decision on the protection zone, in addition to the general requirements of the decisions (2) and those laid down in § 92 of the Building Act, contains:

(a) the designation of the protected building, plant or territory, the cadastral territory, the parcustoms numbers and the type of land according to the cadastral of the property on which the protection zone is established;

(b) establishing prohibitions or restrictions on certain activities for reasons of life, public health and the environment against the negative effects of the operation of industrial, agricultural, transport and other buildings or for reasons of the protection of buildings and equipment against the negative effects of the environment;

(c) the period of validity of the decision, where it can be established in advance.

(2) Furthermore, the decision on the protection zone shall include, where appropriate, the conditions set out in the binding part of the binding opinion of the authority concerned and, where appropriate, the result resulting from the resolution of the discrepancies.

(3) The Graphic Annex to the Decision on the protection zone, certified by the construction office, contains the overall situation on the scale of the cadastral map indicating the boundaries of the protection zone and the protected buildings, facilities and land. In the case of liner protection zones longer than 1 000 m and particularly large structures, the following data shall be added on the map on the scale 1: 10 000 to 1: 50 000.

§ 13a

Common authorisation

(K § 94p. 7 and § 94y § 8 of the Building Act)

(1) The joint authorisation approving the construction project contains:

(a) determining the type and purpose of the construction;

(b) data on the cadastral territory and the parchment numbers and type of land according to the cadastral property on which the construction is located and authorised;

(c) a description of the spatial solution of the construction, in particular its ground plan size, height and shape and basic data on its capacity;

(d) the location of the building on the land, in particular the minimum distance from the boundaries of the land and neighbouring buildings;

(e) the definition of the territory of the affected effects of the construction.

(2) The common authorisation also includes, where appropriate, the following:

(a) laying down the conditions for the implementation of the construction, in particular in terms of complexity and continuity of construction and environmental protection;

(b) the conditions set out in the binding part of the binding opinion of the institution concerned, possibly resulting from the outcome of the dispute settlement;

(c) laying down the conditions for use of the construction,

(d) laying down the conditions for connection of the construction to public transport and technical infrastructure;

(e) laying down conditions for compliance with general construction requirements and, where appropriate, technical standards;

(f) determination of construction phases to carry out inspection inspections;

(g) the storage of documentation for the implementation of the construction;

(h) determination of the period of validity if it is to be longer than the construction law;

(i) setting a deadline for the removal of temporary structures;

(j) determination of the performance of the test operation and, where appropriate, the conditions for its execution.

(3) In the case where, pursuant to § 8 or § 56 of the Nature and Landscape Conservation Act, a binding opinion is issued by the competent nature conservation authority instead of the authorisation, the joint authorisation shall also include the permit for felling of timber or exemption from the prohibitions of specially protected plant and animal species. In the case where a binding opinion is given by the competent road administration authority pursuant to Section 10 or Section 32 of the Road Act, instead of the authorisation, the common authorisation shall also include the authorisation to connect the infrastructure or to place and carry out a construction which requires, under specific regulations, the authorisation, approval or notification of the construction office or the authorisation to make terrain modifications which would reduce or increase the level of the terrain in relation to the road's low traffic.

(4) Where a water workshop is authorised in a joint authorisation (4), the statement part of the joint authorisation shall include:

(a) the name of the water stream and the numeric water flow identifier as indicated in the watercourses register, the number of the hydrological order of the river basin, the name and code of the surface water body and the indication of the river kilometer of the water flow (station), where the application for a common authorisation relates to a waterworks related to the water flow;

(b) the hydrogeological rayon number, the name and the code of the body of groundwater, where the application for a common authorisation concerns a water work related to the source of groundwater;

(c) determination of the position of the water work by indicative coordinates determined in the coordinate system of the Single Trigonometric Catastral Network.

ČÁST TŘETÍ

SIMPLIFIED TERRITORIAL PROCEDURE

§ 13b

Application for a decision in simplified territorial proceedings

(K § 95 (7) of the Building Act)

Citation	Decree No. 503 / 2006 Coll., on more detailed arrangements for territorial decision-making, zoning measures and building regulations
Regulation Type	Order
Author	-
Collection	Code of Laws

Date of Promulgation	28.11.2006
Effective from	01.01.2007
Effective until	-
Status	Valid

Decree No. 503 / 2006 Coll.

Decree on more detailed arrangements for territorial decision-making, zoning measures and construction rules

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