Decree No. 526 / 2006 Coll.
Decree implementing certain provisions of the building law in matters of the building order
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Order
Effective from 01.01.2007
Text versions:
01.01.2007
05.12.2006
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526
DECLARATION
of 22 November 2006
implementing certain provisions of the Construction Act in matters of the Construction Order
The Ministry of Local Development provides pursuant to § 193 of Act No. 183 / 2006 Coll., on Territorial Planning and Construction Regulations (Construction Act):
INTRODUCTORY PROVISIONS
Subject matter
This decree regulates
(a) the content details of the declaration of construction, the application for a building permit, the notice of construction in the shortened construction procedure, the notice of use of the construction, the application for approval, the notification of a change in the use of the construction, the declaration of removal of the construction and the documents attached thereto,
(b) the content of the decisions and measures of the building office authorising the implementation of the buildings, the public contract which may replace the building permit, the approval of the building, the decision to change the use of the building, the permit to remove the building and the decision granting the building allowance; and
(c) the details of the call for redress and the scope of the survey of the built-up building.
According to this decree, all types of construction, landscaping and equipment shall be carried out unless specific legislation (1) governing documents relating to the application for a decision or to the expression and particulars of the permit, the consent and the expression of the water authority provide otherwise.
CONSTRUCTION NOTIFICATION
Notification formalities
(K § 105 of the Building Act)
The announcement of the construction referred to in § 104 (2) (a) to (d) of the building law, changes to such construction (§ 2 (5) of the building law) and changes to such construction before completion (§ 118 (4) of the building law), which was subject to the declaration, shall be submitted by the builder on a form the content of which is set out in Annex 1 to this decree. The annexes listed in Part B of Annex No 1 to this Order shall be annexed to the notification.
EXHIBITION AUTHORIZATION
Application for a building permit
(K § 110 of the Building Act)
The construction permit application shall be submitted by the builder on the prescribed form, the particulars of which are set out in Annex 2 to this order. The application shall be accompanied by the annexes listed in Part B of Annex 2 to this Order.
Building permit
(K § 115 of the Building Act)
The building permit shall include, in addition to the general requirements of the decision under the Administrative Regulation:
(a) the name, surname, date of birth and place of permanent residence of the natural person or the name, registered office and identification number of the legal person (if any) who is the builder;
(b) the type and purpose of the authorised construction or its modification, for the temporary construction, the duration of the construction;
(c) the parcel numbers according to the land register on which the construction is authorised and, where appropriate, the number of the descriptive building whose amendment is permitted;
(d) conditions for the implementation of the construction, in particular in terms of its complexity and continuity, connection to transport and technical infrastructure, drainage of surface water, modification of the surroundings of the construction, protection of the green area or its relocation, as well as conditions for the use of the construction or removal of the construction,
(e) the decision to object to the parties.
(1) In the building permit:
(a) ensure compliance with the requirements applied by the authorities concerned if they are not laid down by administrative decisions or, where appropriate, by the technical infrastructure owners to connect to it;
(b) require notification of the start date of the construction and the name and registered office of the construction contractor to carry out the construction;
(c) specify the date of completion of the construction;
(d) may, under the conditions laid down in Paragraph 122 (1) of the Construction Act, provide that the construction may be used only on the basis of the approval of the approval procedure.
(2) Furthermore, the building permit shall contain the conditions under which, where appropriate, the following conditions are laid down:
(a) the construction phase which must be notified to the construction office for the purpose of carrying out the inspection of the construction;
(b) the definition of the necessary scope of the construction site;
(c) submission of static calculations;
(d) performance of the test operation.
(3) When the zoning and construction proceedings are combined, they shall lay down the conditions for the location of the construction.
(4) When the construction procedure is combined with the procedure provided for in Section 141 of the Construction Act, the separate statement sets out the details of the measure on the adjacent plot or construction (type of works, extent of the acquisition, duration of works).
Label elements
(K § 115 of the Building Act)
The label sent by the construction office to the builder shall contain:
(a) the designation of the construction;
(b) the name of the builder,
(c) the designation of the construction entrepreneur; if not known, the label shall specify the place where the builder shall indicate the selected construction entrepreneur, who shall be notified to the construction office before the construction begins;
(d) the designation of the building office which authorised the construction,
(e) the reference number of the building permit and the date of the acquisition of legal authority;
(f) the date of completion of the construction.
Forms of public contract
(K § 116 Construction Act)
(1) The public contract contains the names of the parties and the names of the persons who would be involved in the construction process.
(2) Paragraph 5 and 6 shall apply mutatis mutandis to the elements of a public contract replacing a building permit.
(3) The annex to the public contract consists of project documentation, prepared within the scope of the project documentation submitted for the construction process. The construction office shall indicate on the project documentation the reference number and the date of conclusion of the public contract.
Reduced construction procedure
(K § 117 of the Building Act)
Notifications to the construction office that the proposed construction has been assessed by an authorised inspector and is fit for implementation shall be provided by the builder on a form the contents of which are set out in Annex 3 to this decree. The notification shall be accompanied by the annexes listed in Part B of Annex 3 to this Order.
Certificate content and structure
(1) The authorised inspector shall, in a certificate certifying that he has verified the project documentation and supporting documents and that the proposed construction may be carried out, indicate:
(a) the construction worker's identification data pursuant to Article 5 (a);
(b) the nature, purpose and duration of the construction;
(c) identification of project documentation of the construction according to the data on the documentation roster;
(d) the conduct of the assessment of the proposed construction, including the conclusion of negotiations with persons who have objected to the implementation of the construction;
(e) how the project documentation respects the requirements of the authorities concerned and of the owners of the transport and technical infrastructure and, where appropriate, the specification of the documents for dealing with them;
(f) his name and surname, signature, stamp and date of issue of the certificate.
(2) The authorised inspector shall add to the certificate:
(a) a proposal for a plan for inspection inspections of the construction,
(b) the agreed binding opinions of the authorities concerned required by specific legislation;
(c) a statement of the persons who would be involved in the construction procedure; if they have raised objections, they shall also attach a report on the outcome of the discussion and settlement of their objections.
USE OF THE BUILDING
Notification of use of the construction
(K § 120 Building Act)
The notice of intention to start using the construction works shall be provided by the builder on a form the contents of which are set out in Annex 4 to this Decree. The annexes listed in Part B of Annex 4 to this Decree shall be annexed to the notification.
Cooperative consent
(K § 122 of the Building Act)
(1) An application for approval of the approval procedure shall be made by the builder on a form the contents of which are set out in Annex 5 to this Decree. The application shall be accompanied by the annexes listed in Part B of Annex 5 to this Order.
(2) The approval shall include:
(a) the name, surname, date of birth and place of permanent residence of the natural person or the name, registered office and identification number of the legal person (if any) who is the builder;
(b) the designation and place of construction;
(c) the date and number of the building permit or public contract or the name and surname of the authorised inspector and the date of the certificate issued by him;
(d) data on test operations and, where appropriate, on early use of the construction;
(e) the date and outcome of the final inspection;
(f) the definition of the purpose of the use of the construction.
Change in use of construction
(K § 127 of the Building Act)
The notification of a change in the use of the construction shall be made on a form the content of which is set out in Annex 6 to this Order. The notification shall be accompanied by the annexes listed in Part B of Annex 6 to this Order.
(1) The approval of the construction office with a change in the use of the construction or a decision to change in the use of the construction, which is not conditional on the implementation of the change of construction, contains:
(a) the description of the construction (previous purpose) and the place of construction, including the descriptive number;
(b) the definition of the new use of the construction.
(2) In addition to the elements referred to in paragraph 1, the decision to change the use of the construction shall also lay down the conditions for the new use of the construction to ensure the protection of the public interests, rights and legitimate interests of the parties to the proceedings and the barrier-free use of the construction where required by law.
CONSTRUCTION, TERRITORY AND EQUIPMENT
Notification of removal of construction, landscaping and equipment
(K § 128 of the Building Act)
The notification of the removal of the construction, landscaping and equipment shall be made by the owner on a form the contents of which are set out in Annex 7 to this Order. The annexes listed in Part B of Annex No 7 to this Order shall be attached to the notification.
Authorisation to remove construction, landscaping and equipment
(K § 128 of the Building Act)
(1) Authorisation to remove construction, landscaping and equipment contains:
(a) the name, surname, date of birth and place of permanent residence of the natural person or the name, registered office and identification number of the legal person (if any) who is the owner of the construction or is authorised to remove the construction;
(b) details of the place and purpose of the construction;
(c) the deadline for the removal of the construction;
(d) the way in which the work is carried out;
(e) the obligation to notify the name and registered office of the construction entrepreneur who will carry out the work before the start of the works, or the name, surname, date of birth and place of permanent residence of the person who will supervise the construction during the self-help execution of the works of construction which does not require a building permit to be carried out.
(2) Furthermore, the Decision contains the conditions to ensure, where necessary, that:
(a) compliance with specific technical regulations;
(b) compliance with the requirements of the authorities concerned;
(c) protection of the rights of the parties;
(d) the obligation to notify a certain stage of the cutting works to the construction office for the inspection;
(e) the process and method of cutting work, in particular ensuring the stability and safe use of neighbouring buildings, including technical infrastructure structures, traffic on adjacent roads;
(f) treatment of land after removal of construction, safe drainage of surface water, green planting,
(g) the transmission of documentation to the construction office for the purpose of its storage.
(3) In the case of a merger of the procedure for the removal of the building with the procedure under Section 141 of the Construction Act, details of the measures on the adjacent land or construction will be laid down by a separate statement (type of work, extent of the acquisition, duration of the works).
BUILDING CONTROL
Call for redress
(K § 134 of the Building Act)
The appeal for redress shall include:
(a) the name, surname and place of permanent residence and, respectively, the name and address of the person to whom the call is addressed (construction worker, construction manager, person performing construction supervision, owner of the construction);
(b) the defect detected and the method of redress or the requirement to immediately stop unauthorised works or to list the documents to be submitted, or any other reason for the call;
(c) the deadline for fulfilling the call;
(d) notice of the consequences of non-compliance.
Scope of the survey of the built-up building
(K § 134 of the Building Act)
(1) During the inspection inspection of the built-in building, the construction office checks the parts of the construction which will be covered or permanently accessible, the defective design of which could jeopardise the safety and utility properties of the construction.
(2) In the case of a built-up construction, the implementation of the works shall be checked from the aspects laid down in the building law and in particular:
(a) the accuracy of the projection of the spatial position of the construction;
(b) the level of groundwater and measures against its effect on the lower structure;
(c) the design of recirculated pipes for the drainage of waste and precipitation water;
(d) the implementation of supporting structures;
(e) the implementation of assembly structures (e.g. roof cover, dividing structures, floor composition) with regard to construction requirements laid down in general construction requirements;
(f) the implementation of technical equipment for construction;
(g) implementation of connections and connections to technical infrastructure;
(h) compliance with fire protection, civil protection, public health and environment requirements;
(i) compliance with requirements ensuring the barrier-free use of the building.
Building allowance
(K § 138 of the Building Act)
The decision granting the building allowance shall include:
(a) an indication of the decision ordering the necessary adjustments;
(b) the name, surname, date of birth and place of permanent residence of the natural person or the name, registered office and identification number of the legal person (if any) to whom the building allowance is granted and when it is requested;
(c) the purpose for which the construction allowance is granted, from which it must be clear that it is the costs of making the necessary adjustments;
(d) the amount of the allowance and the method of granting it;
(e) the name and registered office of the bank through which the contribution will be paid;
(f) the dates and means of checking on-the-spot work carried out and verifying the adequacy of the amounts invoiced;
(g) the conditions for payment of the allowance.
Efficacy
This Decree shall take effect on 1 January 2007.
Minister:
Mgr. Gandalovich v. r.
Příloha č. 1
Annex No 1 to Decree No 526 / 2006 Coll.
Příloha č. 2
Annex No 2 to Decree No 526 / 2006 Coll.
Příloha č. 3
Annex No 3 to Decree No 526 / 2006 Coll.
Příloha č. 4
Annex No 4 to Decree No 526 / 2006 Coll.
Příloha č. 5
Annex No 5 to Decree No 526 / 2006 Coll.
Příloha č. 6
Annex No 6 to Decree No 526 / 2006 Coll.
Příloha č. 7
Annex No 7 to Decree No 526 / 2006 Coll.
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Regulation Information
| Citation | Decree No. 526 / 2006 Coll., implementing certain provisions of the building law in matters of the building order |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 05.12.2006 |
|---|---|
| Effective from | 01.01.2007 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Administrative law
Construction
The regulation text is for informational purposes only.
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