Decree No. 63 / 2013 Coll.
Decree amending Decree No. 503 / 2006 Coll., on a more detailed regulation of the zoning procedure, public contract and zoning measure
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Order
Effective from 29.03.2013
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29.03.2013
14.03.2013
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63
DECLARATION
of 28 February 2013
amending Decree No 503 / 2006 Coll., on a more detailed regulation of the zoning, public contract and zoning measure
The Ministry of Local Development provides pursuant to § 193 of Act No. 183 / 2006 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended by Act No. 227 / 2009 Coll. and Act No. 350 / 2012 Coll.:
Decree No 503 / 2006 Coll., on the more detailed arrangements for the territorial proceedings, public contracts and territorial measures, is amended as follows:
1. In the title of the decree, the word "management 'is replaced by" decision-making', the words "public contract and 'are deleted and the words" and the building rules' are added.
2. Paragraph 1 (1) reads as follows:
"(1) This decree regulates content requirements
(a) requests for territorial planning information;
(b) applications for individual types of territorial decisions and their annexes;
(c) requests for joint territorial decision and building permit and annexes thereto;
(d) information on the intention in the territory and the application for a territorial decision;
(e) the different types of territorial decisions;
(f) joint zoning and building permit;
(g) applications for a decision in a simplified procedure;
(h) information on the draft operative part of the decision in the simplified territorial procedure;
(i) requests for territorial consent and annexes thereto;
(j) territorial consent. ';
3. In Paragraph 1 (2), the word "content 'and the word" content' are inserted after the word "amended '.
4. In Article 1, paragraphs 3 and 4 are added:
"(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, a notice of use of the construction, an application for 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 the 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 approval procedure, the consent and the decision to change the use of the building, the consent and the 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 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. '
5.
(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 intended intention and its links to the surrounding area (distance from the land boundaries, connection to public transport and technical infrastructure, etc.). '
6. In Part Two, in Title II, the heading "6 'is replaced by" 7'.
7. In Paragraph 3 (1), "3 'is replaced by" 1';
8. In Article 3 (2), "3 'is replaced by" 1' and the words "No 4 to this decree, which is processed to the extent and details with regard to the conditions in the territory and the nature of the construction 'are replaced by" No 1 to the order on the documentation of the buildings'.
9. In Article 3 (3), the words "and environmental impact assessment 'are deleted.
10. in Article 3 (4), the words "and, if the building office is not at the place of construction, in three copies," shall be deleted.
11. in Article 4 (1), "5" is replaced by "2."
12. in Article 4 (2), the number "5" is replaced by "2" and the words "No 6 to this decree, which is processed to the extent and details with regard to the conditions in the territory and the nature of the proposed amendment" are replaced by the words "No 2 to the Decree on the Documentation of Buildings."
13. in Article 4 (3), the words "and the opinion on the impact of the change in use of the territory on the environment" shall be deleted.
14. in Article 4 (4), the words' and, if the building office is not at the point of change of use of the territory, in three copies' shall be deleted.
15.
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.
(3) The Graphic annexes to the application and the dossier are attached in duplicate. "
16. in Article 6 (1) and (2), "7" is replaced by "4."
17. in Article 6 (3), the words "and if the building office is not the municipal office at the point of division or formation of the land, in three copies" shall be deleted.
18. in Article 7 (1) and (2), "8" is replaced by "5."
19. in Article 7 (3), the words' and, if the building office is not at the place of the protection zone, in three copies' shall be deleted.
20. the following Section 7a is inserted after Section 7, including the title:
Application for a joint territorial decision and building permit
(K § 94a (7) of the Building Act)
(1) An application for a joint decision shall be made on a form containing the particulars set out in Annex 6 to this order.
(2) The applicant shall attach to the application for a joint decision the annexes listed in Part B of the application form for a joint decision (Annex 6 to this decree) and the documentation referred to in Annex 4 to the Regulation on the documentation of buildings.
(3) Graphic annexes to the application and documentation are attached in two copies, and if the municipal office is not at the construction site of the construction office, except in the case of structures within the competence of military and other construction offices, in three copies. If the builder is not the owner of the construction, one additional copy shall be attached. '
21. In Part Two, in Title III, the heading "4 'is replaced by the heading" 5'.
22. in Article 8 (1), the words "the cadastral territory" shall be inserted at the beginning of point (c).
23. In Paragraph 8, the dot is replaced by a comma at the end of paragraph 1 and the following point (g) is added:
"(g) an indication of where the documents for the decision can be consulted."
24. In Article 8, the following paragraph 3 is added:
"(3) The information referred to in paragraphs 1 and 2 shall be drawn up in such a way as to ensure its legibility and weather resistance, of at least the size of A3."
25. in Article 9 (1), the words "the cadastral territory" shall be inserted at the beginning of point (b);
26. in Article 9 (1) (c), the word "minimum" shall be inserted after the word "in particular."
27. in Article 9 (1) (d), the word "maximum" shall be inserted after the word "size."
28. Paragraph 9 (3) reads:
"(3) 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 building law, a declaration (§ 78 (6) of the building 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. '
29. in Paragraph 9 (4), the words "the construction is declared unfit for short-term construction" shall be replaced by the words "the construction is not eligible for assessment by an authorised inspector."
30. In Paragraph 9 (5), the words "drawing of the present state of the territory 'are replaced by the words" general situation' and the words "No 4 to this decree 'are replaced by the words" No 1 to the order on documentation of buildings'.
31. in Article 10 (1), the words "the cadastral territory" shall be inserted at the beginning of point (a);
32. in Paragraph 10 (4):
"(4) In the case of a decision of a construction office providing that, in the case of the field arrangements referred to in Section 104 (1) (i) of the Building Act, a declaration (Section 78 (6) of the Building Act) will not be required to implement them, the decision to change the use of the territory and the conditions for making the change. '
33. In Paragraph 10 (5), the words "drawing of the present state of the territory 'are replaced by the words" general situation' and the words "No 6 to this decree 'are replaced by the words" No 2 to the order on documentation of buildings'.
Article 34 (11), including the title, reads:
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 also contains conditions to ensure that:
(a) the consistency of the change in the use of the construction with the objectives and tasks of spatial planning, in particular with the planning documentation;
(b) conditions for the conservation of civilisation, cultural and natural values in the territory, protection of life and public health, life and animal health, safety and the environment;
(c) the conditions and requirements resulting from the binding opinions of the authorities concerned;
(d) the protection of the rights and rights of protected interests relating to real estate;
(e) the use of construction by persons with reduced mobility.
(3) The Graphic Annex to the Decision on the change in the impact of the use of construction on the territory, certified by the construction office, contains the overall situation on the scale of the cadastral map, indicating the construction, its links and effects on the surrounding area, in particular the distances from the boundaries of the land and neighbouring buildings, and, where appropriate, the selected part of the documentation referred to in Annex 3 to the Decree on the documentation of buildings. "
35. in Article 12 (1), the words "cadastral territory" shall be inserted at the beginning of point (a);
36. In Article 12 (3), the words "situation drawing of the current state of the territory 'are replaced by the words" overall situation'.
37. in Article 13 (1) (a), "territory and" shall be replaced by "territory, cadastral territory,"
38. In Paragraph 13 (3), the words "drawing of the current state of the territory 'are replaced by the words" overall situation'.
39. After Paragraph 13, the following Section 13a is inserted:
Common territorial decisions and building permits
(K § 94a (7) of the Building Act)
(1) The annual part of the joint decision, apart from the general requirements of the decision2) contains a statement on the location of the construction and a statement on the permit of the construction.
(2) The opinion on the location of the building contains elements similar to those referred to in § 9 (1) and (2), with the exception of § 9 (2) (b) and (c); the graphic annex has the elements set out in § 9 (5).
(3) The opinion on the permit for construction contains the elements set out in Section 18c. "
40. In Part Three, the following Section 13b is inserted:
Application for a decision in simplified territorial proceedings
(K § 95 (7) of the Building Act)
(1) An application for the issue of the relevant type of territorial decision in the simplified territorial procedure shall be made on the forms the content of which is laid down in Annexes 1 to 4 thereto.
(2) The applicant shall attach to the application for the issue of the relevant type of territorial decision in the simplified territorial procedure the annexes listed in Part C of the forms of individual applications for the issue of the relevant types of territorial decisions (Annexes 1 to 4 to this Decree) and the corresponding documentation referred to in Annexes 1 to 3 to the Decree on the documentation of buildings.
(3) The Graphic annexes to the application and the dossier are attached in duplicate. "
41. In the heading of Section 14, "6 'is replaced by" 7'.
42. In Paragraph 14 (1) (b), the words "and comments to the public" shall be deleted.
43. In Paragraph 14 (2), "§ 11 (5)" is replaced by "§ 11 (3)."
44. In Paragraph 14, the following paragraph 3 is added:
"(3) The information referred to in paragraphs 1 and 2 shall be drawn up in such a way as to ensure its legibility and weather resistance, of at least the size of A3."
45. The heading of Section 15 reads:
"Request for territorial consent
(K § 96 (10) of the Building Act) '.
46. in Article 15 (1), the words "Notification of the intention to issue a territorial consent" shall be replaced by the words "Request for territorial consent" and the words "9" shall be replaced by "7."
47. in Article 15 (2), the words "the notification of a project in the territory" shall be replaced by the words "the applications" and the words "and details of the inclusion of conditions from binding opinions and the comments of the authorities concerned" shall be added at the end of the paragraph.
48. In Article 15 (3), the words "notification of a project in the territory 'are replaced by the words" applications'; the words "notification of a project in the territory for the issue of a territorial consent 'are replaced by the words" application for territorial consent' and the word "9 'is replaced by" 7';
49. in Article 15 (4), the words' and, if the building office is not at the site of the project, in three copies' shall be deleted.
50. After Paragraph 15, the following Section 15a is inserted:
Territorial consent
(Paragraph 96 (10) of the Building Act)
(1) In addition to the requirements laid down in Section 96 (4) of the Building Act, the territorial consent shall include:
(a) the type and purpose of the project placed;
(b) the cadastral territory, the parquet numbers and the type of land according to the cadastral property on which the construction is located;
(c) in the case of the location of the building, the distance from the boundaries of the land and neighbouring buildings, the spatial solution of the building, in particular the ground plan size, height and shape and the basic data on its capacity;
(d) in the case of the placing of a change in the use of the area of area and the determination of new use of the territory.
(2) In addition, territorial consent shall include a technical and structural description of the intended project, details of compliance with the zoning documentation and compliance with the conditions for the issue of territorial consent, description of further preparation and implementation of the project, and, where appropriate, details of compliance with the binding opinions of the authorities concerned, data on the connection of the construction to public transport and technical infrastructure and data on the use of the construction by persons with reduced mobility.
(3) The Graphic Annex to the Territorial Consent, certified by the Building Authority, contains the overall situation on the scale of the cadastral map, with the encapsulating of the location of the project, indicating the links and effects on the surrounding area, in particular the distance from the boundaries of the land and neighbouring buildings, with the marking of the boundaries of the newly used territory and the way in which it is used. "
51. In the heading of Part Five, "78 (4) 'is replaced by" 78a (10)';
52. In Article 16 (2) (c), the word "construction" is replaced by the words "influence of the use of the building on the territory" and the number "5" is replaced by "3."
(53) In Article 17 (1) (a), the words "cadastral territory" shall be inserted after the words "indication."
(54) In Article 18 (1) (a), the words "cadastral territory and partariff numbers" shall be inserted after the words "indication."
55. After Part Six, the following Parts 7 to 12 are inserted:
CONSTRUCTION NOTIFICATION
Notification formalities
(K § 105 of the Building Act)
The announcement of the construction referred to in § 104 (1) (a) to (e) 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 were subject to the declaration, shall be submitted by the builder on a form the content requirements of which are set out in Annex 8 to this decree. The annexes listed in Part B of Annex 8 to this Decree shall be attached 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 a form the contents of which are set out in Annex 9 to this Order. The application shall be accompanied by the annexes listed in Part B of Annex 9 to this Order.
Building permit
(K § 115 of the Building Act)
(1) The building permit contains, in addition to the general requirements of the decisions2)
(a) the type and purpose of the authorised construction or its amendment, for the temporary construction, the duration of the construction;
(b) the cadastral territory, the parcel numbers of the land according to the cadastral land on which the construction is authorised and, where appropriate, the number of the descriptive or registered building whose amendment is permitted;
(c) 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, environmental protection and, where appropriate, conditions for use of the construction or removal of the construction.
(2) In the building permit:
(a) ensure compliance with the requirements applied by the authorities concerned if they are not laid down by 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.
(3) Furthermore, the building permit shall contain the conditions under which, where appropriate, the following conditions shall be 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) the performance of the test operation and, where appropriate, the conditions for its execution.
(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 description of the construction, the purpose 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.
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Regulation Information
| Citation | Decree No. 63 / 2013 Coll., amending Decree No. 503 / 2006 Coll., on a more detailed regulation of the zoning procedure, public contract and zoning measure |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 14.03.2013 |
|---|---|
| Effective from | 29.03.2013 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Administrative law
Construction
The regulation text is for informational purposes only.
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