Decree No. 66 / 2018 Coll.
Decree amending Decree No. 503 / 2006 Coll., on a more detailed regulation of zoning, zoning measure and building order, as amended by Decree No. 63 / 2013 Coll.
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Effective from 20.04.2018
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66
DECLARATION
of 13 April 2018
amending Decree No. 503 / 2006 Coll., on a more detailed regulation of territorial decision-making, zoning measure and building order, as amended by Decree No. 63 / 2013 Coll.
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., Act No. 350 / 2012 Coll., Act No. 39 / 2015 Coll. and Act No. 225 / 2017 Coll.:
Decree No. 503 / 2006 Coll., on a more detailed regulation of territorial decision-making, zoning measure and building order, as amended by Decree No. 63 / 2013 Coll., is amended as follows:
1. 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 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. In Article 1 (3) (c), the words "notice of use of the building 'are deleted.
3. In Article 1 (3) (d), the words "the clearance decision 'shall be inserted after the words" the approval decision'.
4. In Title II, the heading "7 'is replaced by" 6 and § 94c (3)'.
5. In Paragraph 3 (2), the words "Annex No 1 documentation 'are replaced by the words" Annex No 1 to 5 documentation by type of construction' and the sentence "Documentation shall be completed in duplicate at the end of paragraph 2. ';
6. Paragraph 3 (3) and (4) read:
"(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 Declaration on the Documentation of Buildings and the Environmental Impact Documentation referred to in 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 on a temporary basis. "
footnote 1 is deleted.
7. In Paragraph 4 (2), the words "Annex No 2 'are replaced by the words" Annex No 6' and at the end of paragraph 2 the sentence "Documentation shall be completed in duplicate. ';
8. Paragraph 4 (3) reads as follows:
"(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 Declaration on Construction and Environmental Impact Documentation pursuant to Section 10 (3) and Annex 4 to the Environmental Impact Assessment Act. ';
9. Paragraph 4 (4) is deleted.
10. In Article 5, at the end of paragraph 2, the sentence "Documentation shall be completed in duplicate."
11. in Article 5 (3):
"(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 Decree, the annexes listed in Part D of the form and the documentation referred to in Annex 7 to the Environmental Impact Assessment Regulation and the Environmental Impact Assessment Act referred to in Section 10 (3) and Annex 4 to the Environmental Impact Assessment Act. ';
12. In Paragraph 7 (3), the words "and documentation 'are deleted.
13.
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, summary technical report, situation drawings and 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. ';
14. In Paragraph 8, at the end of paragraph 2, the sentence "For a set of buildings on the site of a nuclear installation only graphically delineates the area of the nuclear installation and its links to its surroundings."
15. Paragraph 9 (2) reads:
"(2) The decision on the location of the construction in justified cases shall also include:
(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 connection of the construction to public transport and technical infrastructure. ';
16. In paragraph 9, the following paragraphs 3 to 5 are inserted after paragraph 2:
"(3) The decision on the location of the building, for which the binding opinion of the zoning authority is not issued pursuant to § 96b of the Construction Act, shall include, 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 include a permit to place a construction which requires authorisation under specific regulations. '
Paragraphs 3 to 5 shall be renumbered paragraphs 6 to 8.
17. in Paragraph 9 (8):
"(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 line 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. '
18. in Paragraph 10 (2):
"(2) The decision to change the use of the territory shall also include:
(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) conditions governing the connection of the territory to the public transport and technical infrastructure and the way in which it is drained. "
19. In Article 10, the following paragraph 3 is inserted after paragraph 2:
"(3) The decision to change the use of the territory for which the 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 change under assessment with the zoning documentation and with the objectives and tasks of zoning. '
Paragraphs 3 to 5 shall be renumbered paragraphs 4 to 6.
20. Paragraph 10 (4) reads:
"(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 by the competent road administration instead of an authorisation pursuant to Section 32 of the Road 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. ';
21. Paragraph 10 (6) reads as follows:
"(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 particularly extensive, a situation drawing of wider relations as set out in Annex 6 shall be attached to the construction documentation decree. ';
22. in Article 11 (2) and (3):
"(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 effects of the use of the building on the territory shall be the overall situation on the scale of the cadastral map or, where appropriate, the selected part of the building documentation referred to in Annex 7 to the construction documentation decree. ';
23. Paragraph 12 (2) reads:
"(2) In addition, 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 authority concerned and, where appropriate, the result resulting from the resolution of the discrepancies. ';
24. in Paragraph 13 (2):
"(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. '.
25. Paragraph 13a, including the title and footnote 4, reads as follows:
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.
4) Article 55 (1) of Act No. 254 / 2001 Coll., on Water and on the amendment of certain laws (Water Act), as amended. "
26. in Article 13b (2), "to 3" is replaced by "2, 4, 6 and 7."
27. in Article 13b, the following paragraph 4 is added:
"(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, summary technical report, situation drawings and 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. ';
28. In the title of Part Four, the words "AND COMMON CONTEXT 'are added.
29. The heading of Section 15 reads:
"Notification of the intention
(Paragraph 96 (11) of the Construction Act) '.
30. in Paragraph 15 (1), the words "application for territorial consent" are replaced by the words "notification of intent."
31. in Article 15 (2), the words "the applicant in the application" shall be replaced by "the notifier in the notification of the intention."
32. in Article 15 (3), the words "the application" shall be replaced by the words "the notifier" and "the application for territorial consent" shall be replaced by the words "the notification of the intention."
33. In the heading of Section 15a, "10 'is replaced by" 11'.
34. in Article 15a (2), the words "on compliance with the zoning documentation and" shall be deleted and the sentence "shall be added at the end of paragraph 2, in the event that the binding opinion of the zoning authority is not issued in accordance with § 96b of the zoning act, the territorial consent shall also include data on compliance with the zoning documentation and the objectives and tasks of zoning planning."
35. in Paragraph 15a (3):
"(3) A situation drawing on the scale of the cadastral map certified by the construction office shall be an annex to the territorial consent. ';
36. The following Sections 15b and 15c are inserted after Section 15a, including the headings and footnotes 5 and 6:
Joint notification of the intention
(K § 96a (7) of the Building Act)
(1) The joint notification of the project shall be made on a form the content of which is set out in Annex 16 to this Order.
(2) The notifier shall, in the joint notification of the project, provide information on compliance with the conditions for joint consent laid down in Article 96 (1) and (2) of the Construction Act and on the inclusion of conditions from binding opinions and comments by the authorities concerned.
(3) The notifier shall attach the annexes listed in Part B of the Joint Notification Form (Annex 16 to this Decree) and, depending on the nature of the case, the documentation referred to in § 105 (4) to (8) of the Construction Act.
(4) The documentation referred to in paragraph 3 shall be accompanied by two copies. If the municipality of the municipality whose territory is affected by the construction project is not the municipality of the municipality, it shall be attached in three copies, except in 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, summary technical report, situation drawings and documentation of the objects for which the co-operation offices are competent 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 issuing the joint approval.
(5) Where a water plant is notified in the joint notification of the project (5), the notifier shall also attach the documents to be submitted for the notification of the water works pursuant to Article 15a (2) of the Water Law and the classification according to the Minimum Cleaning Efficiency for the categories of products referred to in CE6) as a percentage of the category issued by the authorised organisation.
Common territorial consent and consent to the implementation of the notified construction project
(K § 96a (7) of the Building Act)
(1) Joint consent shall include:
(a) identification details of the builder;
(b) the type and purpose of the construction project;
(c) data on the cadastral territory, parquet numbers and type of land according to the cadastral property on which the construction project is to be carried out;
(d) the distance from the boundaries of the land and neighbouring buildings, the spatial solution of the building, in particular its ground plan size, height and shape and the basic data on its capacity.
(2) The joint consent shall also include information on compliance with the conditions for joint consent and, where appropriate, on compliance of the construction project with the binding opinions of the authorities concerned. Where a binding opinion of the zoning authority is not issued pursuant to § 96b of the Construction Act, territorial consent shall also include details of the compliance of the construction project with the zoning documentation and with the objectives and tasks of zoning.
(3) A document or project documentation is attached to the joint consent.
5) Article 15a (1) of Act No. 254 / 2001 Coll., on Water and on the amendment of certain laws (Water Act), as amended.
6) Act No. 90 / 2016 Coll., on conformity assessment of specified products when making them available on the market, as amended. '.
37.In Paragraph 18c (2) (d), "122" is replaced by "119."
38. in Article 18c (3), point (c) is deleted;
Point (d) shall be renumbered (c).
39. in Paragraph 18c, the following paragraph 4 is inserted after paragraph 3:
"(4) In the case where, pursuant to Section 56 of the Nature and Landscape Conservation Act, a binding opinion is issued by the competent nature conservation authority instead of a permit, the building permit also includes an exemption from the prohibitions on 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 construction permit shall also include a permit to carry out a construction which requires authorisation under specific regulations. '
Paragraph 4 shall become paragraph 5.
40. Paragraph 18h, including the title, is deleted.
41. The title of Section 18i reads:
"Collective consent and decision
(K § 122 and 122a of the Construction Act) '.
42.In Paragraph 18i, the following paragraph 3 is added:
"(3) In addition to the elements referred to in paragraph 2, the decision on co-operation shall include conditions for the use of the building which, depending on the nature of the construction, may in particular include:
(a) conditions resulting from general construction requirements;
(b) the conditions for the removal of minor deficiencies in the actual implementation of the construction established during the approval procedure, including the determination of a reasonable period of time for its removal; or
(c) the conditions set out in the binding part of the binding opinion of the institution concerned, the result resulting from the resolution of disputes, and other obligations to safeguard public interests. ";
43.In Paragraph 18q, at the end of paragraph 1, the dot is replaced by a comma and the following point (g) is added:
"(g) whether the construction works contractor has ensured technical supervision of the construction works under specific legislation."
44. in Paragraph 18s (1) (b) (9), the words "(name, surname and registration number)" shall be inserted after the word "builder."
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Regulation Information
| Citation | Decree No. 66 / 2018 Coll., amending Decree No. 503 / 2006 Coll., on a more detailed regulation of territorial decisions, zoning measures and building rules, as amended by Decree No. 63 / 2013 Coll. |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 20.04.2018 |
|---|---|
| Effective from | 20.04.2018 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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