Act No. 84 / 1958 Coll.
Law on Territorial Planning
Valid
Effective from 01.01.1959
84
Law
of 12 December 1958
on spatial planning
The National Assembly of the Czechoslovak Republic decided on the following Act:
Basic provisions
Spatial planning mission
(1) Territorial planning is a systematic activity which, in accordance with the tasks and intentions of national economic planning and on the basis of surveys of natural, demographic, cultural, economic and technical conditions, addresses the layout of the territory in order to create an organic and further development capable of the whole, ensure the consistency of all territorial elements and social interests, and thus the conditions for harmonious satisfaction of the population's requirements for work, housing, culture and recovery.
(2) Territorial planning ensures that changes in the layout of the territory, in particular investment activities, are regulated in a long-term and planned manner according to predefined principles.
Spatial planning tasks
(1) Territorial planning shall, in particular, carry out the following main tasks:
(a) define in a forward-looking manner the size and organisation of the settlements of the area addressed in accordance with the forward-looking tasks of its economic and cultural development;
(b) define the correct size and layout of the areas of the land for all components of the settlement and for other purposes in the area addressed, taking into account current and prospective needs and the rational use of built-up and unbuilt areas of all kinds;
(c) address the location and integration of individual special-purpose building groups and individual buildings in the area addressed, and identify the need and extent of the investments generated, which make the full use and application of the proposed basic construction subject to, or determines, their location;
(d) determines the necessary remediation or reconstruction interventions in the existing state of the territory;
(e) define protected territories or objects and protection zones and ensure the protection of territories, objects or zones defined in accordance with specific regulations;
(f) propose an effective timescale for construction and other measures necessary to achieve the layout of the territory under the zoning plan.
(2) When dealing with spatial planning tasks, competent authorities shall:
(a) ensure that favourable territorial conditions are created for the development of production forces;
(b) ensure that a healthy, beautiful and comfortable environment is created for the life and work of the population, that material and cultural values are maintained, used and distributed in the territory concerned, as well as that the environment is protected from unwanted interference, effects and consequences of economic or other activities and that the defects caused by such activities are remedied;
(c) make it possible to make the most effective use of the natural conditions of the area addressed;
(d) apply the principle of highest economy and the latest knowledge of advanced science and technology;
(e) ensure that mineral wealth and agricultural land are protected.
(3) The competent authorities are obliged to ensure that State defence is of interest when dealing with spatial planning tasks.
Baseline zoning documentation
(1) The main starting point for territorial planning is the forward-looking plans for economic and cultural development of individual areas, drawn up in the framework of the national development plan for the national economy, as well as the prospective studies and analyses of economic planning bodies, clarifying the position and function of individual regions, counties and, where appropriate, other territorial units in the national economy, and the basic focus of their further development and construction. Territorial planning shall also be based on forward-looking plans for the development of individual sectors of the national economy and shall take over their principles to the extent defined by their approval and shall also be based on general plans for the development of mining areas, forward-looking studies and general solutions of individual structures in the area addressed.
(2) The indicative plan for basic water management measures in the area of spatial planning is the State water management plan. Where specific plans have been drawn up for certain other economic sectors (state road plan, general plan for the improvement of agricultural, forestry and water management, etc.), the territorial planning of these plans shall be used as a basis for addressing the fundamental issues and shall take over their principles to the extent defined by their approval.
(3) In addition to the documents obtained from national economic planning, territorial planning shall provide itself with its own documents to address its tasks by conducting a wide-ranging survey of the area addressed, analysing the relationship of planned measures to the current structure, possibilities and forward-looking needs of the area addressed and examining the conditions and the consequences of the implementation of the measures envisaged in the territory.
Territorial plans
Types of territorial plans
Depending on the nature of the tasks addressed, the following shall be carried out:
(a) territorial plans of the territories;
(b) territorial plans of the settlements;
(c) stopping plans.
Territorial plans of the zones
(1) The territorial plans of the zones are drawn up for pre-determined economically and culturally significant territories of interest (territories) for which long-term principles and conditions of their continuous construction or conversion should be established in order to implement important investments or other planned measures.
(2) The territorial plans of the territories concerned deal with the location, mutual relations and organisation of all existing and newly proposed functional units (housing, mining, industrial, agricultural and other plants, water, transport, energy and other works and equipment, forests and areas intended for afforestation and other important elements of nature and landscape).
(3) The territorial plans of the zones shall also address the location of individual major buildings or their sets outside the territory of the settlements, unless the conditions and consequences of the location of the proposed construction can be addressed by other means of spatial planning.
Territorial plans of the settlements
(1) Territorial plans of settlements are always developed for the construction of new and for the overall reconstruction or completion of existing settlements, which, as a result of the expected development of production forces, require substantial rebuilding, extension or rendering.
(2) The territorial plans of the settlements shall be drawn up for the long-term development of the whole or parts of the settlements for production, residential or other purposes, where this is required by the tasks of the national development plan of the national economy or other important economic or cultural interests.
(3) The zoning plans shall set out the principles and conditions of the long-term construction and conversion of the whole site or its functionally and figuratively integrated part in terms of location, layout and interrelationship of all existing and newly proposed storage elements forming the site (residential areas of the site, areas intended to accommodate industrial, agricultural and other plants, transport, energy, water, sewage and other networks and facilities, public greenery, etc.).
(4) Territorial plans of the settlements shall be drawn up as:
(a) indicative territorial plans for the entire territory of the estate and its territory of interest;
(b) detailed territorial plans, for a whole part of the territory of the settlement, for small settlements also for the whole of their territory.
(5) Detailed territorial plans shall, as a general rule, be drawn up on the basis of indicative territorial plans. The Executive Authority of the relevant Regional National Committee may, where justified, authorise the development of a detailed zoning plan without prior preparation and approval of the indicative zoning plan.
(6) The location is defined as any settlement unit consisting of grouped permanent human dwellings (including integrated production facilities and necessary civil and technical equipment) and forming a closed and other units of the settlement of a spatial separation environment for the social life of the population (city, village, settlement, even if not a separate administrative unit).
Stopping plans
(1) In the case of buildings whose documentation is approved under construction documentation regulations, stop plans shall be drawn up to the extent set out in those regulations and in accordance with the territorial decision on the location of individual buildings or their files.
(2) The stopping plans shall determine the exact position and height of all buildings, buildings and equipment and their connection to similar buildings, buildings and equipment outside the designed construction, and, where appropriate, stages of the construction; they shall further deal with any height and set adjustments of the territory.
Acquisition of land plans
(1) Territorial plans shall be drawn up on the basis of the starting documents (Section 3).
(2) The territorial plans of the zones and settlements with the exception referred to in paragraph 3 shall be procured by the executive bodies of the Regional National Committees.
(3) The territorial plans of the settlements of an agricultural character are drawn up by the executive bodies of the district national committees.
(4) The authorities referred to in paragraphs 2 and 3 are responsible for the implementation of preparatory work for the territorial plans of the territories of the territories and settlements and for drawing up the draft plans by project organisations.
(5) The main tasks, principles and requirements for drawing up the individual territorial plans of the territories of the territories of the territories of the territories of the territories of the territories of the national committees, the executive bodies of which draw up those plans, shall be determined after consultation in the Councils of the participating national committees.
(6) Stopping plans are procured by investors in accordance with construction documentation regulations.
Approval of and management of territorial plans of territories and settlements
(1) The territorial plans of the zones and settlements, with the exception referred to in paragraph 3, are approved by the Councils of the Regional National Committees, unless their approval is paid by the Government. The proposals for territorial plans, the approval of which has been reserved by the Government, shall be submitted for approval by the Councils of the Regional National Committees.
(2) Proposals for territorial plans approved pursuant to paragraph 1 must be discussed in the Councils of the Regional National Committees concerned before being submitted for approval, and in the case of territorial plans of the settlements, including those of the local national committees concerned.
(3) Territorial plans of agricultural sites shall be approved by the Councils of the District National Committees, unless their approval has been reserved by the Regional National Committee or by the Government; before submission for approval, they shall be discussed on the boards of the local national committees concerned.
(4) The management of the territorial plans of the zones and settlements shall be carried out by the executive bodies of the national committees whose boards approve them (paragraphs 1 and 3); The executive bodies of the national committees of lower degrees may be entrusted with discussing individual questions. If the Government has reserved the approval of the zoning plan, the management body of the Regional National Committee shall carry out the procedure.
(5) The management bodies of the relevant national committees shall discuss and agree on the proposed solutions to these plans with all the authorities concerned in the zoning and housing plans. The management bodies of the relevant national committees shall discuss the individual solutions to the territorial plans also with the socialist sector organisations concerned and shall inform other organisations and citizens in an appropriate form with basic intentions and proposals for territorial plans. In drawing up and approving the territorial plans of the zones and settlements, those executive bodies shall take into account comments from organisations and citizens.
(6) The territorial plans of the areas and settlements are approved as a whole. At the time of approval, each territorial plan shall specify which parts or solutions of it are binding within the overall approved concept for the processing of lower-tier territorial plans and for territorial decisions. Other parts or solutions of territorial plans shall be approved as indicative guidelines for other territorial planning works and for the direction of construction within the territory.
Verification of stopping plans
Prior to approval by the authorities responsible for the construction documentation regulations, the building planning plans must be checked by the management authorities of the district national committees. The examination of the stopping plans is part of the procedure for the decision on the admissibility of the construction. Where such proceedings are carried out by an authority other than the management authority of the District National Committee, it shall obtain the opinion of the Executive Authority of the District National Committee in terms of spatial planning and include its conditions in the decision on the admissibility of the construction.
Territorial Decision
Types of territorial decisions
(1) To address individual issues in the field of spatial planning, the executive bodies of the relevant national committees shall issue territorial decisions. Territorial decisions shall lay down the conditions for project preparation of buildings and for making the required changes in the territory and, where appropriate, for the protection of important interests in the territory.
(2) The territorial decision shall in particular:
(a) the location of individual structures or their files;
(b) defining protected territories and objects and protection zones in cases where that competence does not belong to other authorities under specific provisions;
(c) the construction closure,
(d) changes in land use.
(3) A territorial decision shall be taken by the management authority of the District National Committee, unless the management authority of the Regional National Committee has reserved the territorial decision referred to in paragraph 2 (a) and (b).
(4) The executive bodies of the local national committees entrusted with the responsibility of the construction offices of grade I shall exercise in their territory the powers of the executive bodies of the district national committees referred to in paragraph 3. The implementing rules shall specify in which cases the executive bodies of the local national committees which have not been entrusted with the responsibility of the construction offices of the first degree shall exercise this competence.
(5) If a territorial decision is taken within the perimeter of several executive bodies of the national committees, the decision shall be taken by the nearest joint supervisor. That authority may provide that a decision shall be taken by one of the subordinate executive bodies of the national committees.
Documentation for the territorial decision
(1) The approved territorial plans of the territories and settlements are the basis for the territorial decisions.
(2) If the territorial plan has not been approved for the relevant territory or if the nature of the task to be addressed prior to drawing up and approving the zoning plan is not required, the management authority of the relevant national committee must ensure that the underlying ground planning documents (§ 3) or, where appropriate, provide other supporting documents for the territorial decision to the extent necessary to address the issue (zoning studies and sketches, analyses and balances, local investigations, the results of the discussion of the individual issues with the competent authorities of the State and the parties to the zoning proceedings, etc.).
(3) The management authority of the national committee responsible for taking a territorial decision shall decide on the extent of the necessary supporting documents and how they are to be secured in accordance with paragraph 2, depending on the nature and complexity of the task.
Procedure for territorial decisions
(1) The general rules on administrative procedures shall apply to the territorial procedure, unless otherwise provided for in the implementing provisions.
(2) Territorial decisions shall be taken by the authorities competent under Article 11 (3) to (5) after prior consultation with all the public authorities whose interests are affected by this Decision.
Provisions common and final
Entry into land and compensation
(1) Access to foreign land for the purpose of surveys and other works for the purpose of spatial planning or for the purpose of the supervision of compliance with approved territorial plans and decisions in force, where such work can only be carried out on site on its own, is only possible on the basis of a special authorisation, unless such authorisation is required under specific regulations.
(2) The authorisation to enter a foreign land referred to in paragraph 1 shall be issued by the management authority of the national committee which, in the case in question, carries out the relevant zoning or zoning procedure and, where appropriate, carrying out supervision; in urgent cases, authorisation may be issued by the competent management authority of the local national committee. Authorisations for entry into military property shall be issued by the management authority of the national committee after prior approval of the military administration.
(3) Persons authorised to enter foreign property shall be required to ensure that their work does not cause damage to the land which can be prevented and to maintain confidentiality against unauthorised persons of the facts which they have learned in their activities.
(4) Compensation for damage caused shall be granted by the authority which has seconded the persons to whom it is delegated. If there is no agreement on the amount of compensation, it shall be decided by the management authority of the District National Committee.
Cooperation of other institutions
Economic planning bodies, other government bodies, scientific institutions and institutes shall cooperate in their field of competence with the authorities carrying out the zoning and zoning procedures and providing them with all the national economic, technical and other documentation necessary to address the task.
Entitlement and final provisions
(1) The State Building Committee will issue more detailed provisions for the implementation of this Act. Those provisions shall in particular:
(a) determine the principles for more detailed breakdown, content and processing of the different types of territorial plans, for their discussion, approval and registration;
(b) define the content of the territorial decisions and the procedure for issuing them;
(c) specify how the territorial plans are to be consistent with national economic development plans;
(d) lay down the principles governing the acquisition and registration of background maps and surveys.
(2) The implementing rules may provide for derogations for the issuing of territorial decisions on the location of certain buildings and for the examination of their stopping plans, where appropriate, to specify in which cases the issuing of territorial decisions on the location of the construction or the examination of the stopping plans may be waived; such provisions may also provide for derogations from zoning procedures where the interests of State or economic secrecy or defence of the State so require.
(1) The following shall be deleted:
(a) § 1 to 8, 15 to 19, 21, 22, 24 and 25 of Act No. 280 / 1949 Coll., on Urban Planning and the Construction of Municipality,
(b) Government Decree No. 51 / 1950 Coll., on Urban Planning of Municipality,
(c) Part I, Part II (except § 9), Part III, Part X, Part XI and Part XIII of Decree-Law No 93 / 1950 Coll., on the construction of municipalities,
(d) § 2 of Decree-Law No 57 / 1953 Coll., on the competence of the Ministry of Interior in the field of urban planning and construction of municipalities and in the field of care for technical services of national committees, as amended by Decree-Law No 77 / 1953 Coll.
(2) Without prejudice to the provisions governing the competence of special government bodies in addressing issues relating to territorial planning; the authorities competent under those rules to implement measures affecting spatial planning are required to comply with the principles contained in the approved territorial plans or agreed with the territorial planning authorities.
This Law shall take effect from 1 January 1959; it shall be carried out by all members of the Government.
Novotný v. r.
Fierlinger v. r.
Broad v. r.
Dolan v. r.
Kopecký v. r.
Ing. Jankovcová v. r.
Bark v. r.
Ing. Shimonek v. r.
Dr Kylý v. r.
Plojhar v. r.
Dr. Nove v. r.
Bakuľa v. r.
David v. r.
Děuriš v. r.
Krajčir v. r.
Kromir
Machachová v. r.
Dr. Unedible v. r.
Polack v. r.
Tesla v. r.
Uher v. r.
Lamb
Jonah v. r.
Reitmajer v. r.
Dr Skoda v. r.
Ing. Black v. r.
Dvořák v. r.
Dr Kahuda v. r.
Colonel General Lomský v. r.
Dr Neuman v. r.
Ouzký v. r.
Pospíšil v. r.
Ing. Púčik v. r.
Dr. Vlasák v. r.
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Regulation Information
| Citation | Act No. 84 / 1958 Coll., on Territorial Planning |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.12.1958 |
|---|---|
| Effective from | 01.01.1959 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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