Decree of the Federal Ministry of Technical and Investment Development and Federal Ministry of Finance No. 66 / 1972 Coll.
Decree of the Federal Ministry of Technical and Investment Development and of the Federal Ministry of Finance on the provision of land for the construction of family houses
Valid
Effective from 01.10.1972
66
DECLARATION
Federal Ministry of Technical and Investment Development and Federal Ministry of Finance
of 21 August 1972
on the provision of land for the construction of family houses
The Federal Ministry of Technical and Investment Development and the Federal Ministry of Finance shall, in agreement with the State Planning Commission pursuant to § 16 of Act No. 84 / 1958 Coll., on Territorial Planning, § 31 (2) (c) of Act No. 87 / 1958 Coll., on the Construction Regulations, § 391 of the Economic Code No. 109 / 1964 Coll., as amended by Act No. 138 / 1970 Coll., and § 53 of Act No. 133 / 1970 Coll., on the Jurisdiction of Federal Ministries:
The purpose of this decree is to secure the tasks of the state plan for the development of the national economy in the construction of family houses as part of complex residential construction by timely measures of building land suitable for the installation of family houses.
The Regional National Committees, the National Committee of the Capital City of Prague, the National Committee of the Slovak Socialist Republic of Bratislava, the National Committees of the cities of Brno, Ostrava, Plzeň and the Municipal National Committee in Košice (hereinafter referred to as the "Authorised National Committee") shall, in cooperation with the National Committees of lower degrees, in accordance with the schedule of tasks of the Comprehensive Housing Plan and in accordance with the regulations on the protection of agricultural and forestry land, select the land suitable for the installation of the family houses.
(1) If a detailed zoning plan is approved for the site or part thereof, *) which solves the installation of family houses, the selection shall be made in accordance with the schedule of tasks of the complex housing plan, mainly from the land included in the detailed zoning plan.
(2) When selecting land in other cases, the Qualifying National Committee shall base itself on the following principles:
(a) the selection of the land shall be carried out at the centres of residential and local importance *) and non-centre settlements with the prevailing permanent accommodation function;
(b) the selected areas must correspond to the number of construction sites * *) needed to ensure the planned construction of family houses within the limits of the time period for which complex housing plans are drawn up or approved;
(c) when selecting the land, first of all, it is necessary to focus on the land in the built-up part of the municipality, while making sure that it is particularly suitable for concentrated housing; if there are no plots of land in the built-up part of the municipality for the construction of the family house, it is exceptionally possible to include land outside the built-up part of the municipality in the selection; * * *)
(d) the selection shall ensure that the construction of the family houses can be connected to the existing engineering networks and communications, or that it is a construction site where the construction of such networks is in line with the planned special-purpose resources of the National Committee.
(3) The following shall not be included among the selected parcels:
(a) areas the use of which cannot be decided without resolving the wider territorial relations of the territorial plan;
(b) land for which no agreement has been reached with the government authority concerned in the selection process (§ 4).
(1) The authorised national committee shall carry out the selection in cooperation with the local (urban, district) national committee, discuss and agree with all the authorities concerned and discuss it with the socialist organisations concerned.
(2) For land covered by an approved detailed territorial plan, the discussion referred to in paragraph 1 shall not be carried out.
From the parcels selected under the provisions of Sections 2 to 4 of the Order, the authorised national committee shall draw up a draft list containing in particular:
(a) the name of the municipality and the cadastral territory, the name of the user, the parquet number, the type of land (culture) and the area of the land or, where applicable, the area of part thereof, according to the property records kept at the geodesy centre; the name of the owner shall be indicated where the register of ownership is based on the geodesy centre;
(b) essential requirements for urban solutions (single-storey house, double house, etc.);
(c) basic technical equipment;
(d) the period within which the land must be built.
(1) The draft list of parcels is notified by the local (urban, district) national committee in a way that is customary for organisations and citizens to submit comments to the national committee. The period within which the organisations or citizens may submit comments shall not be less than 30 days.
(2) The proposal is approved by the Authorised National Committee. When approving the draft list of parcels, the National Committee shall take into account the comments and proposals of organisations and citizens.
(3) The approved national committee shall send an approved list of parcels: †)
(a) to the local (urban, district) national committee, which shall declare it in the usual manner;
(b) the appropriate geodesy centre.
The territorial decision on the location of the building shall not be taken separately and shall be compatible with the decision on the admissibility of the construction. † †)
According to the approved list of parcels, the authorised national committee will ensure the location of the parcels at the geodesy centre. In the real division of the land, it will also ensure that separation plans are drawn up. *)
(1) The local (urban, district) national committee will discuss and agree on the transfer of selected land with existing owners on the basis of an approved list of land, geometric plans and in accordance with the schedule of tasks of the complex housing plan.
(2) If there is no agreement on the contractual transfer of property rights to land, the local (urban, district) national committee shall propose their expropriation. * *)
(3) The application for expropriation may be submitted only for the number of family houses corresponding to the data set out in the complex housing plans and to the extent necessary. * * *) Compliance with the plans and objectives of land planning is demonstrated by an approved list of land.
(1) If the owner declares, during the expropriation procedure, that the land will be stopped by the family house itself, the construction office shall invite him to prove, within a 6-month period, financial or other readiness to build and to submit a duly substantiated request for a decision on the admissibility of the construction. In exceptional justified cases, the construction office may, at the request of the owner, extend this period by a maximum of six months.
(2) If the owner of the land declares that the land is donating the land to relatives in a series of direct or siblings, †) in order to carry out the construction of a family house and proves to the construction office within a 6-month period that the donation contract has been registered with the state notaries, the application shall be treated mutatis mutandis in accordance with paragraph 1.
(3) The period laid down for the construction of the land by the family house before the date of application of this decree shall be deemed to have been determined in accordance with that order; the time limits so determined shall be maintained.
(1) Land in the administration of state socialist organisations, designated by the land planning documentation (by a detailed zoning plan or approved list of land) to build a family house, managing organisations transfer economic contracts † †) to a local (urban, district) national committee. Such economic contracts do not require the approval of a superior body. If the management organisations do not transfer the land by economic contracts, the transfer shall be carried out by measures of the superior authorities. † † †)
(2) If the land referred to in paragraph 1 is used by other socialist organisations or citizens, such use shall be withdrawn in accordance with the relevant provisions. *) The management of these parcels shall then be transferred in accordance with paragraph 1.
The National Committee shall ensure the rational use of the land it has acquired in its administration until the right of personal use has been established, or the transfer to permanent use of the family building cooperative.
(1) Applications for land to be allocated by the National Committee to its administration are submitted by citizens and cooperatives for the construction of family houses at the local (urban, district) national committee in the municipality where the construction of family houses is to take place.
(2) The applications referred to in paragraph 1 shall include the reasons for the construction of the family houses and financial and, where appropriate, other preparedness documents, indicating the time of commencement and termination of the construction.
(3) The local (urban) national committee shall propose to allocate one of the construction land included in the list of selected land for the construction of the family houses it manages and submit its opinion to the district national committee, which shall decide on the allocation of the building land to personal use, * *) where appropriate to conclude an economic agreement on the transfer of the land to permanent use *) to the family house building cooperative.
(1) The guidelines of the former State Investment Construction Commission for the procedure of national committees in the creation of reserves of building land for personal use for the purpose of building family houses, published under the heading No 33 / 1965 Coll. NV and registered in the amount of 55 / 1965 Coll.
(2) This decree shall take effect on 1 October 1972.
Minister of Finance of CSSR:
Doc. Ing. Rozechek, CSc., Rev.
Minister for Technical and Investment Development:
Ing.
*) § 3 zl. No 153 / 1959 Ú. l., on territorial planning, as amended by No 130 / 1971 Coll. and § 8 of Act No. 53 / 1966 Coll., on the Protection of the Agricultural Soil Fund.
*) In accordance with Resolution 283 / 1971 of the Government of the Czech Republic, resolutions of the Government of SSR No 158 / 1971 and No 1 / 1972 - the settlement centres of local importance are designed to provide the population of the entire catchment area with its essential personal and social needs, - the centres of regional importance are to be urban, must contain a full standard of civil amenities serving both the own population and the population of the entire catchment area of the respective centres of local importance and their districts; are intended to fulfil, in addition to the function of cultural social and economic, - non-centre sites of permanent importance, all non-centre municipalities with permanent function of agricultural, production, accommodation, recreation, spa and cultural history.
* *) § 200 vol. No. 40 / 1964 Coll.
* * *) § 7 of Act No. 53 / 1966 Coll., on the Protection of the Agricultural Soil Fund.
†) The establishment of an approved list must be made available to all the national committee departments concerned.
† †) Articles 3 and 4 of Directive No 9 / 1966 Coll. NV.
*) Expenditure related to the acquisition of land from owners and the establishment of the right to use land shall be budgeted by the local national committee according to the budget composition for the national committees.
* *) § 18 et seq. No. 87 / 1958 Coll., on the Construction Regulations.
* * *) § 200 vol. No. 40 / 1964 Coll.
†) § 490 paragraph 2 vol. No. 40 / 1964 Coll.
† †) § 12 zl. No. 104 / 1966 Coll., on the administration of national property.
† † †) § 68 hosp.
*) § 70 (3) § 348 (3), § 129a hospp.
* *) § 205 vol. No. 40 / 1964 Coll. Directive of the Ministry of Justice and of the Ministry of Agriculture and Water Management No 21 / 1964 Coll. NV on the procedure for the registration of contracts for state notaries and for the granting of consent to transfers and leases of certain types of real estate by district national committees.
*) § 9 of Decree No. 104 / 1966 Coll., on the Administration of National Property.
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Regulation Information
| Citation | Decree of the Federal Ministry of Technical and Investment Development and the Federal Ministry of Finance No. 66 / 1972 Coll., on the provision of land for the construction of family houses |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 18.09.1972 |
|---|---|
| Effective from | 01.10.1972 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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