Decree No. 84 / 1976 Coll.
Decree of the Federal Ministry for Technical and Investment Development on Territorial Planning Documentation and Territorial Planning Documentation
Valid
Effective from 01.10.1976
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84
DECLARATION
Federal Ministry of Technical and Investment Development
of 14 July 1976
on land planning documents and land planning documents
The Federal Ministry of Technical and Investment Development provides, pursuant to § 143 (1) (a), (b), (c), Act No. 50 Coll., on Territorial Planning and Construction Regulations (Construction Act):
INTRODUCTORY PROVISIONS
Basic concepts
(1) A large territorial unit is a territory in which more than one resident body is located, or a large area in which special interests are applied (protection and landscape creation, mining, industry, agriculture, recreation, etc.).
(2) The unit of residence is each unit of settlement which forms a closed unit from other units of settlement of the spatial separation unit.
(3) The zone is a spatial integrated part of the local unit or landscape unit, which is characterised by a specific defining character, usually by a function or location, or by the territory of a small local unit.
(4) The territory of interest is a territory adjacent to the department of residence in which current or prospective relations to the department of residence prevail and in which the arrangement must be dealt with in a mutually functional and technical relationship with the department of residence.
(5) The register of land planning documents shall be an inventory of the selected data from the land planning documents drawn up; it is used for creating and updating registers of an integrated information system on the territory.
(6) The purchasing body shall be the authority which procures the planning documents or the planning documents.
(7) The processor shall be a legal or natural person who processes the planning documentation and the planning documents on the basis of an authorisation. 1)
TERRITORIAL PLANTS
(K § 3 to 7 of the Act)
(1) The urbanistic study is provided by the construction office, or by the zoning authority, which needs it to guide the use of the territory. The urbanist study may be provided or contributed to the processing of the study by anyone who will participate in the use of the territory.
(2) The content and scope of the urban study are determined in the award by the zoning authority or the construction office, as appropriate.
(3) In particular, the urban study shall be used as an instrument of spatial urban development, to verify the basic concept of a solution for the territorial plan and to assess the loading load of the territory. It is also processed for partial or specific problems of the territory, to obtain alternative solutions.
(4) Where it is necessary to discuss an urban study in terms of its use, in particular if it is to be a basis for territorial management or for the processing of zoning documentation, the method of its discussion shall be determined by the competent building authority or the zoning authority. The examination of an urban study shall be carried out in accordance with Sections 25 and 26 of this Order.
Territorial generic
(1) The zoning general shall be provided by the construction office or the zoning authority which needs it as a basis for the processing of the zoning documentation or for its deepening.
(2) The authority providing the territorial generic shall determine its content and scope in accordance with Article 5 of the Act. On the basis of the award, the processor shall draw up the territorial generic.
(3) The territorial generel shall not replace the sectoral generelles procured by the relevant sectoral authorities or organisations used in the processing of the zoning documentation.
Territorial technical documentation
System of territorial technical documents
(1) The system of territorial technical documents consists of:
(a) the geographical technical documentation for the processing of the planning documents, for territorial decision-making and for the authorisation of buildings;
(b) the geographical technical documents of the integrated information system on the territory used for the automated processing of data on the state and conditions of the territory, on the design of its layout and on the proposed, ongoing and ongoing changes in the use of the territory;
(c) the geographical technical basis, in particular for the concept of the development of settlement, environmental care and the establishment of territorial environmental stability systems, land valuation and collection of selected data for urban and municipal regeneration.
(2) In an agreement with the other central authorities, the central authorities for spatial planning ensure a uniform form of territorial identification and structure of territorial data, enabling them to be processed in the form of territorial technical documents, while determining a uniform processing methodology, using the documents referred to in paragraph 1, to process and update long-term concepts of the territorial development of the Republics.
Acquisition of technical ground
The procurement of territorial technical documents shall include:
(a) preparatory work;
(b) the processing of territorial technical documents.
Preparatory work
The purchaser shall be responsible for carrying out the preparatory work; ensure, for professional legal persons or natural persons operating under specific legislation, the processing of data on the territory to the extent necessary, the form and composition of the set of territorial technical documents in accordance with the uniform methodology.
Processing of territorial technical documents
(1) The work on territorial technical documents shall include:
(a) the addition and processing of data on territories which cannot be obtained from legal persons or natural persons engaged in activities under the specific provisions entrusted with their collection, storage, processing and provision;
(b) the drawing up of documentation on territorial technical documents.
(2) The acquirer shall monitor the process of processing the territorial technical documents, in particular compliance with the methodology and working procedures.
Processing of documentation of territorial technical documents
The documentation of the territorial technical documentation shall provide basic and comprehensive information on the state, possibilities and trends of the development of the relevant territory and its individual elements in a clear and transparent form.
Verification and issue of territorial technical documentation
The completeness of the processed set of territorial technical documents shall be verified by the customer who, after verification of completeness, shall determine how they are used and applied according to the purpose for which they were processed.
Changes and additions to the territorial technical documentation
The acquirer shall ensure the change or addition of the territorial technical documents or parts thereof in the event of significant changes in the territory or following the completion of new statistical surveys.
Storing of territorial technical documentation
(1) The acquirer shall determine the way in which the land-use files are to be stored with the territorial planning authorities.
(2) The zoning authorities for which the technical documents are stored shall provide them to the authorities of the State administration and the municipalities and, where appropriate, to all bodies involved in the use of the territory.
TERRITORIAL PLAN DOCUMENTATION
(K § 8 to § 38 of the Act)
(1) The basic category for all stages of the territorial planning documentation is the territorial plan:
(a) for the large territorial unit, it shall be processed with a particular focus on the forward settlement structure, regional territorial systems of ecological stability, transport and technical equipment;
(b) for the housing unit, it shall be processed with a particular focus on urban design and land use (e.g. as a plan for the use of areas);
(c) for zones, it shall be processed as a regulatory (stopping) plan, focusing in particular on the control elements of the use of parcels.
(2) The zoning plan for small residential units may also be developed with a focus on the elements otherwise addressed in the zoning plan of the zone, and the zoning plan for large zones may include, where necessary, solutions otherwise processed in the zoning plans of the residences.
(3) The territorial forecast shall, as a general rule, be processed for the major territorial unit, where appropriate.
(4) The territorial project shall be processed, where appropriate, as a general rule for the zone stage.
(5) The approved planning documentation is a basis for expropriation for public works and can also serve as a basis for granting State contributions.
(6) The procurement of land planning documentation shall include:
(a) preparatory work;
(b) entering surveys and analyses;
(c) processing and discussion of the forecast task, territorial and economic principles, the construction programme;
(d) the award of planning documentation and the supervision of its processing;
(e) discussion of the zoning documentation.
(1) The preparatory work shall be carried out by the customer and shall be carried out in cooperation with other public authorities, municipal authorities and legal and natural persons involved in the use of the territory.
(2) The purchaser shall collect the necessary supporting documents on the state of the territory and on the plans for its development, evaluate them and determine the subject matter of the solution and the degree of planning documentation and define the extent of the area to be covered, in particular provide the processor with the supporting documents to be used for the processing of surveys and analyses and which are mandatory for the management of the territorial planning documentation.
Entering surveys and analyses
The Buyer shall evaluate the supporting documents obtained and prepare an opinion on their use and define the territory to be addressed; on the basis of such work, the processor shall submit the surveys and analyses necessary to draw up the required stage of the planning documentation according to the size of the area concerned.
Processing of surveys and analyses
(1) The processor shall prepare the surveys and analyses. Their aim is to identify and evaluate the current state, disproportions and development trends of the territory as a basis for the processing of the forecast task, territorial and economic principles, construction programmes and the design of the planning documentation.
(2) The processor is obliged to make use of all the previously processed supporting documents, in particular the technical documents and available surveys and analyses; the repetition or addition of certain surveys already carried out shall be justified. The new surveys shall be carried out by the processor only to the extent necessary to resolve the tasks and shall be transferred to a set of territorial technical documents.
(3) Surveys and analyses shall, as a general rule, contain a text, tabular and graphic section, including a comprehensive problem drawing showing the main conflicts of interest in the territory.
Progressive task, territorial and economic principles, construction programme
(1) The preparation of the forecasting tasks, territorial and economic principles and construction programmes shall be based on the documents referred to in Article 17 (3) and on the results of the surveys and analyses carried out by the processor.
(2) Proposals for the forecast task, territorial and economic principles and construction programmes shall be drawn up by the customer in cooperation with the authorities concerned and the municipalities whose territory is affected by the solution. Proposals for such documents shall be submitted to the public for comments, the comments being made within a specified time limit and not later than 30 days from the date of their publication.
(3) Territorial and economic principles and construction programme after public consultation (for zoning plans and projects also with the legal and natural persons concerned who have ownership or other rights to land or construction) are approved by the authority which will approve the zoning documentation.
(4) The progressive task, territorial and economic principles, as well as the construction programme, lay down the content and scope of the planning documentation, the process of work and the comprehensive requirements for territorial resolution. The basic content of territorial and economic principles is set out in Annex 1.
Processing of land planning documentation
(1) The territorial planning documentation shall be drawn up by the processor.
(2) The processing of zoning documentation shall include:
(a) preparatory work;
(b) the necessary additions to the surveys and analyses;
(c) processing the concept of the solution;
(d) the preparation of the draft zoning documentation.
(3) The purchaser monitors the conduct of land-use planning work, directs work and deals with conflicts.
(4) The processor of the planning documentation shall keep a record of important negotiations and decisions affecting the solutions and shall keep evidence thereof.
(5) The basic content of the selected planning documentation is set out in Annex 2.
(6) All parts of the zoning documentation, the zoning documents, surveys and analyses are essentially drawn up on uniform map documents.
(1) On the basis of the forecast task, or of the territorial and economic principles or of the construction programme, the processor shall draw up an outline specifying the content, scope and procedure of the work and how the task is to be solved.
(2) The syllabus with which the purchaser has given his consent is the basis for concluding a contract for the processing of land-use planning documents.
In justified cases, the processor may carry out additional surveys and analyses necessary for the processing of the designated category of planning documentation; their justification and scope shall be indicated in the syllabus of the task.
(1) The processor shall draw up a concept for the solution of the zoning documentation in accordance with the conclusions of the surveys and analyses and on the basis of a forecast task, or of the territorial and economic principles or the construction programme, which shall determine the content and scope of the zoning documentation solution concept. It shall ensure that the general technical requirements for construction are complied with. 4) The concept of the solution is focused on a complex urban solution of the territory to the same extent as the design. It is usually processed in alternatives or variants, it is the basis for discussion and decision on further focus and completion of the task.
(2) The design of the zoning documentation solution may be waived if, prior to the award, the solution has been examined by an agreed urban study pursuant to Paragraph 2 (4), which will replace the design of the solution referred to in paragraph 1.
(1) The discussion of the concept of the solution is public, managed and organized by the customer. It shall follow up all the discussions of the processor with the authorities concerned, the authorities of the municipalities and natural and legal persons and, where appropriate, the public poll.
(2) The discussion of the concept of a solution shall aim to verify the correctness of the basic concept of the solution, the complexity of the proposed solution, in particular with regard to the load on the territory, the proposed transport systems and technical infrastructure, and in order to recommend a selected alternative or variant to the authorising authority.
(3) A senior planning body carrying out methodological and professional supervision shall participate in the discussion of the concept of solutions.
(1) The design of the solution shall be discussed with the authorities of the municipalities whose territory is affected by the solution, with the authorities of the State administration concerned and with the public as referred to in paragraph 2, for zoning plans and projects, also with the natural and legal persons concerned who have ownership or other rights to land or buildings.
(2) The purchaser shall invite the public authorities and municipalities concerned, natural and legal persons at least 30 days before the hearing, and shall ensure that they are familiar with the concept of a solution within that period. The institutions, natural and legal persons shall communicate their opinion no later than 15 days after the date of discussion of the concept of solution. Opinions made after that period shall not be taken into account.
(3) The negotiation referred to in paragraph 2 shall be announced in a public manner at the usual place. When discussing the concept of a solution, the acquirer shall always provide a generally understandable technical interpretation and a written record of the opinions used.
(1) According to the results of the discussion, the purchaser shall, no later than three months after receipt of the concept of a solution, process a comprehensive opinion containing instructions for termination of work and the conditions for adjusting and supplementing the proposed solution or, if necessary, order a renegotiation of the concept of a solution. Where, on the basis of the results of the discussion of the concept of a solution, a change of territorial and economic principles or a building programme is made, a comprehensive opinion, including a change of territorial and economic principles or a construction programme, must be submitted for approval to the body which approved the original territorial and economic principles or the construction programme.
(2) In the case of the use of the urban study referred to in Article 24 (2), the comprehensive opinion approved by the award of the zoning documentation shall be replaced.
(1) The bill of land planning documentation will be examined by the purchaser after the completion of the commentary procedure.
The examination shall focus in particular on:
(a) the completeness of the dossier;
(b) the complexity of the proposed solution, the suitability and intensity of the use of areas and equipment; compliance with the regulators approved by the Territorial Planning Documentation of the Higher Level;
(c) verifying that all the conditions and requirements applied in the design of the solution included in the comprehensive opinion of the zoning authority have been met in the proposal;
(d) verification that the general technical requirements for construction have been met;
(e) the content of the draft principles to guide the urban development concept of the territory in the case of territorial forecasts, regulatory arrangements for the organisation of the territory and in the case of territorial plans and conditions for implementation in the case of territorial projects;
(f) the quality of the documentation processing.
(2) If the purchaser finds a defect in the land planning documentation, he shall remove them from the processor.
Approval of zoning documentation
(1) According to the outcome of the examination of the draft zoning documentation, the acquirer shall draw up a draft resolution on approval containing:
(a) the extent to which planning documentation and tasks arising from the solution are valid and binding, including the definition of public utility structures;
(b) the regulations governing the use of the territory and its spatial layout, which contain binding principles for the organisation of the territory and limits on the use of the territory;
(c) the results of the discussion of the planning documentation.
(2) Where a part of the territorial forecast is approved, the proposal referred to in paragraph 1 shall contain principles to guide the urban development concept of the territory.
(3) The motion for a resolution shall be accompanied by a explanatory report containing, in particular, the brief characteristics of the proposed solution and the details of how the observations and objections to the draft zoning documents have been handled.
(4) The motion for a resolution shall be prepared by the purchaser in cooperation with the authorities concerned and the authorities of the municipalities whose territory is affected by the resolution of the planning documents.
(1) In the case of zoning plans after the completion of the commentary procedure, the superior zoning authority shall draw up an opinion on the design of their solution. It shall use the draft zoning plan, the evaluation of the proposal, the result of the comment procedure on the motion for a resolution on approval and the result of the examination of the zoning plan by the purchaser. The opinion is annexed to the draft resolution approving the zoning plan.
(2) The opinion on the draft zoning plan shall include in particular:
(a) an assessment of the compliance of the draft zoning plan with the territorial and economic principles;
(b) an evaluation of the design of the solution and its compliance with the approved upper-level planning documentation;
(c) an assessment of the concept of the solution and its consistency with the concept of the territorial development of the Republics.
(d) an assessment of the content, the approval protocol and the binding parts of the zoning plan;
(e) recommendations under which conditions the draft zoning plan may be approved.
(3) Similarly, for a territorial project when it is discussed as a territorial plan (5) and for a territorial forecast (6), if some part of its solution is approved as an indicative or binding basis for managing further development of the territory.
In the case of an approved zoning plan and a zoning project, the acquirer shall provide the main drawings, the accompanying report and the Directive with an approval clause containing in particular:
(a) the designation of the approval authority;
(b) the reference number and the date of approval;
(c) the stamp and signature indicating the name, surname and capacity of the authorised person.
Binding of land planning documentation
(1) Territorial forecasts are indicative; However, certain parts may be approved as indicative and, where appropriate, as binding.
(2) The solution to the territorial forecast may be approved as binding non-controversial elements of the settlement structure of the area addressed, the principles of transport, technical infrastructure and territorial systems of environmental stability.
(1) The territorial plans shall contain binding and indicative parts to be defined by the authorising authority.
(2) Regulatory arrangements shall be binding upon the resolution of the zoning plan, specifying in particular:
(a) for large territorial units
the design of the settlement structure, the principles for the use of the territory and the limits on its use, the definition of regional territorial environmental stability systems, the concept of transport and technical equipment, including the definition of corridors and, where appropriate, areas for public works,
(b) for the local unit
urban spatial layout concept identifying the use of areas, land use limits, the principles of transport arrangements and civil and technical equipment and local territorial environmental stability systems, the definition of areas for public utility buildings,
(c) for the zone:
use of parcels and objects, elements of the environmental stability system, regulatory elements of the spatial arrangement (e.g. street and construction lines, height and volume of installation, indicators of land use, transport and technical equipment solutions) and delimitation of areas for public utility buildings.
Territorial projects are binding in the section dealing with the specific location of the buildings and the use of the territory, in particular the conditions for the implementation of the buildings, including the regulatory elements of the spatial layout and the determination of areas for public utility buildings, are approved as mandatory.
Changes and additions to land planning documentation
(1) Complements and amendments are to be made for the binding part of the zoning documentation, the adjustments for its indicative and indicative parts.
(2) The complaint for the processing of the supplement or the modification of the zoning documentation shall be given by the purchaser; the processing is authorised by the authority which approved the planning documentation.
(3) Modifications to the land planning documentation are carried out by the buyer.
(4) In the approved planning documentation, the additions, modifications and modifications shall not be drawn up, only recorded in the main drawing. The additions, modifications and modifications shall be treated graphically as a separate point of view or a separate drawing and text as a separate annex to the approved planning documentation.
Saving land planning documentation
(1) The full elaborate of the planning documentation of a large territorial unit is deposited with the Central Authority for Territorial Planning of the Republic and with all regional authorities whose territory is affected by the solution. According to the agreement it can also be deposited with the Municipality Office of the City of Prague, the Municipality of the Slovak Republic Bratislava and possibly the offices of other cities.
(2) The full elaborate of the spatial planning documentation of the local unit and zone shall be deposited with the municipal authority of the municipality for which it was acquired and, where applicable, with the authority which acquired the zoning documentation and with the building office, if it is a body other than the authorities mentioned above.
(3) The Central Authority for Territorial Planning of the Republic shall keep a record of the approved planning documentation in the territory of the Republic. For this record, the purchaser shall be obliged to send copies of the resolution approving the zoning documentation and the land planning documents with selected data on the approved zoning documentation for the integrated zoning information system.
(4) The Ministry of Construction and Technology of the Republic shall keep a record of approved planning documentation drawn up in the territory of the Republic concerned. For this registration, the customer is obliged to send to the Ministry of Construction and Technology of the Republic copies a resolution approving the planning documentation and registration forms certified by the authorising authority.
(5) The zoning documentation, the validity of which has been revoked, shall be submitted by the zoning authority to the appropriate archive for permanent storage and archiving. 7)
Number of copies of zoning documentation
(1) The Buyer shall order the draft zoning documentation in sufficient copies to be deposited with all the authorities referred to in Article 36 (2).
(2) The concept of zoning documentation shall be ordered by the purchaser in the number of copies corresponding to the need for operational discussion, at least in two copies.
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Regulation Information
| Citation | Decree of the Federal Ministry for Technical and Investment Development No. 84 / 1976 Coll., on Territorial Planning Documentation and Territorial Planning Documentation |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 06.08.1976 |
|---|---|
| Effective from | 01.10.1976 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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