Decree No. 85 / 1976 Coll.
Decree of the Federal Ministry of Technical and Investment Development on more detailed zoning and construction rules
Valid
Effective from 01.10.1976
Contents
ČÁST PRVNÍ
§ 1
§ 2
§ 3
§ 4
§ 5
§ 6
ČÁST DRUHÁ
§ 7
§ 8
§ 9
§ 10
§ 11
§ 12
ČÁST TŘETÍ
ODDÍL 1
§ 13
ODDÍL 2
§ 14
§ 15
§ 16
§ 17
§ 18
§ 19
§ 20
§ 21
§ 22
§ 25
§ 26
§ 27
§ 28
ODDÍL 3
§ 29
§ 30
§ 31
§ 33
§ 34
ODDÍL 4
§ 35
§ 36
§ 37
§ 38
ODDÍL 5
§ 39
§ 40
§ 41
§ 43
§ 44
§ 45
§ 46
ODDÍL 6
§ 47
§ 48
§ 49
§ 50
§ 51
ODDÍL 7
§ 52
§ 53
§ 54
§ 55
ČÁST ČTVRTÁ
§ 56
§ 57
ČÁST PÁTÁ
§ 58
§ 59
§ 60
§ 61
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85
DECLARATION
Federal Ministry of Technical and Investment Development
of 14 July 1976
on more detailed arrangements for zoning and construction rules
Federal Ministry of Technical and Investment Development pursuant to § 143 (1) (d) to (j) of Act No. 50 / 1976 Coll., on Territorial Planning and Construction Regulations (Construction Act) provides
DEFINITION OF CONSIDERATIONS
Construction
(1) All buildings shall be regarded as construction, without regard to their
a) construction technical design such as buildings, towers, masts, silos, tanks, wells, communication, tunnels, bridges and footboards, platforms and ramps, crane tracks, underground and above ground lines, stands, walls, fences, monuments,
(b) the purpose, such as buildings for housing, civil equipment, buildings for production and storage, transport, energy distribution, buildings for water management, civil defence structures and facilities, buildings for recreation;
(c) duration.
(2) The structures may be:
(a) permanent;
(b) temporary works for which their duration is limited in advance, such as construction of construction sites, buildings set up for short-term purposes, buildings set up on plots intended for other use, etc.
(3) Changes in completed structures are
(a) superstructures which increase the construction;
(b) the extensions by which the buildings are expanded and which are interconnected in an operational manner with the existing buildings;
(c) construction works in which the external floor and height limits of the construction are maintained (e.g. reconstruction, construction, substantial changes in internal equipment, substantial changes in the appearance of the construction).
(4) The changes to the structures before they are completed are changes against the building permit or documentation of the building construction office certified in the building process.
Simple structures
(1) Simple constructions are
(a) housing structures, if their built-up area does not exceed 300 m2, if they have a maximum of 4 flats, one underground floor and three above-ground floors including the attic;
(b) buildings for individual recreation;
(c) ground-floor and construction of construction site facilities, provided that their built-up area does not exceed 300 m2 and a height of 15 m;
(d) connections to public distribution networks and sewerage;
(e) supporting walls,
(f) underground structures, provided that their built-up area does not exceed 300 m2 and a depth of 6 m
(2) The construction of fuel and explosive warehouses, civil defence buildings, fire protection, uranium industry and nuclear power equipment are not considered as simple structures.
Small buildings
(1) Small buildings are buildings that perform a complementary function to the main construction (for housing, civil equipment, for production and storage, for individual recreation, etc.) and which cannot significantly affect the environment, namely:
(a) ground-floor buildings, where their built-up area does not exceed 16 m2 and a height of 4,5 m, such as shed, laundry rooms, summer kitchens, shelters, garbage containers, small-scale buildings, agricultural small buildings, concierge rooms, closets, washrooms, sanitary facilities, saunas, bicycles and baby carriages, waiting rooms and sports facilities,
(b) underground buildings, provided that their built-up area does not exceed 16 m2 and a depth of 3 m, such as cellars, storages without an ambush.
(2) Small buildings shall also be considered as:
(a) construction of forest-based organisations to ensure forest production and hunting, where their built-up area does not exceed 30 m2 and a height of 5 m, such as portable simple shelters, feeders, artisans, forage lines, postures, couches, feed warehouses, tools or fertilisers;
(b) fencing,
c) connection of small buildings to distribution networks and sewerage of the main building, 13)
d) entry islets of public public transport, crossing the pavements and to neighbouring land, 14) passes etc.
(3) Construction of garages, warehouses of flammable materials and explosions, buildings for civil defence, fire protection, construction of the uranium industry and nuclear power equipment, construction of domestic sewage treatment plants are not regarded as small buildings.
Military and other structures
(1) The construction of military administration outside the territory of the military escape (1) is considered to be the construction of a state established under the responsibility of the Federal Ministry of Defence.
(2) The buildings used for the performance of the service of the Federal Ministry of Interior, the Federal Security Information Service, the Federal Police Force, or for the performance of the service of the Ministry of Interior of the Czech Republic and the Ministry of Interior of the Slovak Republic, the Police of the Czech Republic and the Police of the Slovak Republic are considered to be buildings of the Ministry of Interior.
(3) Buildings for the service activities of the services of the departments of the corrigendum education, special structures included in the investment plan for the investment construction of the corrigendum education and structures in the management and use of such corps for the service purposes of their departments shall be considered as structures of the corrigendum education corps.
(4) The construction of the uranium industry shall be regarded as having been acquired or used for the purpose of extracting, processing, transporting and storing radioactive materials in the territory reserved for that purpose.
(5) The structures in surface quarry and shelving are the structures within the boundaries of the demarcated lines actually carried out the hiding or mining operations, or in the territory exposed to the direct effects of extraction (e.g. shredding works), unless the land has been reclamated.
Nuclear equipment
Construction with nuclear installations shall be regarded as defined by specific regulations. 1a) In doubt whether it is a nuclear installation, the Czechoslovak Commission on Atomic Energy is determining the expression.
Building land and construction site
(1) Building land means a part of a territory designated by a zone zoning plan or a zoning project of a zone, a zoning plan of a zoning unit processed on a scale of 1: 5 000 or a larger or larger zoning decision and a plot built on the main construction.
(2) The construction site is a place intended for construction or maintenance work. Includes building land and, where appropriate, other land or parts thereof to the extent specified.
TERRITORIAL PROCEDURE
(K § 35, 37 and 39 of the Act)
Application for a territorial decision
(1) An application for a territorial decision shall be submitted by the applicant to the construction office; the proposal contains:
(a) the name and address of the applicant;
(b) the subject matter of the territorial decision, with a brief characteristic of the territory and the way it has been used so far;
(c) the list and addresses of all known participants in the territorial proceedings;
(d) the types and partial numbers of the parcels concerned according to the real estate register, specifying ownership and other laws.2)
(2) In the case referred to in Paragraph 36 (4) of the Act, the particulars referred to in paragraph 1 (c) (d) are not mentioned in the proposal.
(3) The applicant shall attach to the application for a territorial decision:
(a) a situational drawing of the current state of the territory on the basis of the land map of the property register with the encapsulating of the object of the territorial decision and its location and indicating links to the surrounding area; if the design concerns a particularly large area with a large number of participants in the zoning or the location of a liner structure, also a map base on the basis of 1: 10 000 to 1: 50 000, indicating wider relations (effects) to the surrounding area; the situation drawing and map background shall be provided in duplicate;
(b) opinions, endorsements, assessments or decisions of the authorities concerned, as prescribed by specific regulations, such as the protection of the agricultural land fund.
(4) The design for the location of the construction shall be supplemented by additional supporting documents and documentation by the appellant according to the location, type, extent and expected effects of the construction, from which it must be sufficiently apparent in particular:
(a) the proposed location of the building on the land, including its distance from the boundaries of the land and neighbouring buildings, with, if necessary, a height marking (generally 1: 500);
b) architectural and urban integration of the building into the territory, its appearance and artistic solution,
(c) traffic data, production data including basic technical parameters, proposed technologies and equipment, where appropriate;
(d) the impact of construction, operation or production on health and the environment and their assessment, including a proposal for measures to eliminate or minimise negative effects;
(e) the requirements of the construction on water management, energy, transport (including parking), waste disposal and the conditions for linking the construction to the existing technical equipment of the territory;
(f) the protection zones or protected areas concerned;
(g) protection of the construction against harmful effects and effects, including information on the suitability of geological and hydrogeological conditions in the territory (not to be provided for constructions under Section 2 of the Decree);
(h) the scope and layout of the construction site;
(i) greening of unbuilt areas.
(5) In the case of a construction in which a nuclear installation is to be built, the applicant attaches the agreement of the Czechoslovak Atomic Energy Commission pursuant to the Specific Regulations (3a) to the proposal for a territorial decision, granted on the basis of an assessment of a procurement security report, which includes in particular:
(a) evaluation of the site in terms of nuclear safety, preliminary assessment of the environmental impact of the nuclear installation;
(b) the assignment to a nuclear installation project resulting from the nuclear safety requirements on the site.
(6) With the authorities concerned whose opinions, if any, have been given on the documentation required under paragraph 3 (a) and (b) before the start of the territorial proceedings, the construction office will restrict the examination of the application for a territorial decision to the extent that their requirements have been met.
(7) Where the supporting documents and opinions submitted are not sufficient to properly assess the proposal in the light of the interests pursued in the territorial proceedings, the construction office shall determine the scope, manner and time limit for its completion. The construction office may also determine the number of copies (including, where appropriate, breakdowns) of the supporting documents and opinions necessary for dealing with the parties to the territorial proceedings and the authorities concerned.
Decision on the location of the construction
(1) The decision on the location of the building is to determine the building plot, the location of the building on it, and the conditions for the design preparation of the buildings and, where appropriate, the location of information, advertising and promotional facilities.
(2) The decision on the location of the building contains in particular:
(a) the name and address of the applicant;
(b) the type and brief description of the construction, indicating its capacity;
(c) the types and partial numbers of the land according to the property records on which the construction is located, a description of the territory for liner and particularly large buildings;
(d) conditions for the location and project preparation of the construction, including the scope and details of the processing of the project documentation;
(e) the decision to object to the parties;
(f) the duration of the decision.
(3) The conditions for the location of the building shall specify in particular the requirements for the protection and creation of the environment, ensuring compliance of urban and architectural construction solutions with the surrounding area, in particular the height and location of the construction including distances from the boundaries of the land and neighbouring buildings, the height of the construction, the requirements arising from or proximity to protected areas and the requirements arising from the protected areas or their proximity and the requirements resulting from the opinions of the authorities concerned. In accordance with the conditions, the location of the construction or information, advertising and promotional facilities shall be indicated in the graphic annex to the zoning decision.
(4) In the case of information, advertising and promotion facilities, the construction office may, in the decision on the location of the construction site, provide that authorisation is to be waived.
(1) The zoning procedure for the location of a single building or extension or superstructure may be combined with the construction procedure in cases where the conditions of the location are unambiguous due to the circumstances in the territory, for other buildings this can only be done if the zoning plan or zoning project is approved for the territory.
(2) The construction office may waive the decision on the location of the building
(a) on land in the enclosed areas of existing buildings, provided that the external floor area and the height and exterior appearance of the building are not altered and that the operation of the newly placed building does not make the environment worse;
(b) in the case of liner structures whose conditions of location are dealt with in detail by the zoning plan or by the zoning project.
(3) The decision on the location of the building does not require
(a) construction and maintenance work;
(b) small buildings,
(c) structures located in enclosed spaces and military facilities outside the territory of military exits, in enclosed areas and facilities of the Ministry of Interior and of the Choirs of Correctional Education, unless the external floor-line boundaries of the premises or facilities are changed.
Decision on land use
(1) The decision to use the territory shall lay down the conditions in particular for:
(a) landscaping, which significantly changes the appearance of the environment or the drains (hereinafter referred to as "landscaping"), such as dragonflies, ditches, hoppers, landfills,
(b) the planting and further treatment of vineyards, hops, forests, orchards, gardens, the setting-up of courses, storage and weaning areas;
(c) the division or formation of the parcels, unless the conditions for them are laid down in another decision or measure.
(2) Save as otherwise provided for in specific provisions, a decision on the use of the territory shall also be taken for mining and similar work or related work (hereinafter referred to as "mining work"), in particular for the establishment of quarries, sandfields, drains and droughts.
(3) The decision on the use of the territory contains in particular:
(a) the name and address of the applicant;
(b) the designation of the parcel numbers of the land according to the property register, a brief description of the change in land use;
(c) conditions for re-use of the territory;
(d) the decision to object to the parties;
(e) the period of validity of the decision.
(4) The construction office may provide in the decision on the use of the territory that the authorisation for field-change shall be waived.
(5) The conditions for the re-use of the territory shall be laid down in the manner in which the territory is to be adapted, the way in which it is drained, the connection to transport and distribution networks, the requirements of the authorities concerned, the requirements for the protection of existing buildings, greenery, etc.
(6) The land use decision shall be merged with the building location decision, if the land to which the decision relates is to be built.
(7) The decision on the use of the territory shall not be taken in military depots and in closed spaces and facilities of military administration outside the territory of military deputies and in closed spaces and facilities for the performance of the activities and services of the Federal Ministry of Interior, Federal Security Information Services, Federal Police Corps, Ministry of Interior of the Czech Republic and Ministry of Interior of the Slovak Republic, Police of the Czech Republic, Department of Correctional Education of the Czech Republic and Department of Prison and Judicial Guard of the Slovak Republic.
Decision concerning the protected territory or the protection zone
(1) The decision on the protected territory or the protection zone shall define the territory in which certain activities are prohibited or restricted for reasons of protection of the interests of the company (air protection, protection against the negative effects of the operation of industrial enterprises, protection of mineral deposits, mining works, railways, telecommunications, airports, areas for defence and security of the State, distribution networks, geodetic points of the basic position, height and gravity fields, etc.).
(2) Where a protected area or a protection zone is defined by a generally binding legislation or a decision of the competent administrative authority given in accordance with it, or where a government provides for it, a decision on the protected territory or protection zone shall not be taken.
(3) The decision on the protected territory or the protection zone contains in particular:
(a) the name and address of the applicant,
(b) the definition (designation) of the territory to which protection relates;
(c) conditions of protection;
(d) the period of validity of the decision if it can be established in advance.
(4) The conditions of the Decision shall provide for a method of protection, in particular the prohibition, restriction or implementation of construction, landscaping, mining, planting and spraying of trees, fertilisation of soil, the operation of high-frequency equipment, the requirements of the authorities concerned shall be ensured, etc.
Decision on the building closure
(1) The decision on the building closure shall define the territory in which the construction activity is permanently or temporarily prohibited or restricted, in particular if it could make it more difficult or impossible to use the territory or its organisation in accordance with the planning documentation prepared.
(2) The decision on the closure shall include in particular:
(a) the name and address of the applicant,
(b) the definition of the territory and, where appropriate, the land according to the real estate records for which the prohibition or restriction of construction activities applies;
(c) the scope of the prohibition or restriction on construction activities;
(d) the period of validity of the decision if it can be established in advance.
(3) A decision on the closure of buildings cannot prevent or restrict the implementation of maintenance works.
CONSTRUCTION RULES
Authorisation for the implementation of buildings
(K § 44 of the Act)
(1) A legal person or a natural person operating under special regulations, which will carry out construction (or construction work) for himself and does not have construction or assembly work in the object of his business or business, ensures the professional management of the construction by an authorized person who:
(a) manage the way and procedure for the implementation of the construction in order to ensure safety and health at work, the proper installation and operation of technical equipment on the construction, professional storage and economical use of construction products and materials, the suitability of their use, the professional storage of machinery and equipment, the maintenance of a building diary, etc.,
(b) be responsible for the conformity of the spatial location of the construction with the documentation of the construction, in compliance with the general technical requirements for construction, Czechoslovak state standards and other technical regulations, and is co-responsible for compliance with the conditions of the decisions taken to implement the construction (in particular the zoning decision and building permit);
(c) to remedy defects identified at the construction site; if the defects cannot be remedied by professional supervision, they shall be notified without delay to the construction office.
(2) The person designated to carry out professional supervision of the implementation of a single or small building built by himself shall fulfil the obligations laid down in paragraph 1 (b), (c); in addition, he shall:
(a) the method and procedure for the implementation of the construction, in particular safety at work, installation and operation of technical equipment on construction, suitability, storage and use of products and building materials;
(b) keeping a simple record of the construction.
CONSTRUCTION AUTHORISATIONS AND CHANGE OF CONSTRUCTION
Notification of small buildings, building modifications and maintenance work
(K § 57 of the Act)
(1) In the announcement of the small construction, the builder shall state:
(a) the type, scope, purpose and place of construction and a simple technical description of its implementation;
(b) the type and parcel number of the land according to the property register, a document proving ownership or other right to the land;
(c) who will carry out the construction and whether the neighbouring property or, where appropriate, the owner's statement of the property is to be used to carry it out.
(2) To announce a small construction, the builder will attach a simple situation sketch according to the land map of the real estate with an indication of the location of the building on the property and the border between the neighbouring plots with the location of the buildings on them. The sketch shall be presented in duplicate if it is not the competent authority of the municipality, it shall be presented in triplicate.
(1) If the construction office indicates in writing that it has no objection to the implementation of the construction, it shall attach to the communication a certified simple situation sketch. A copy of the communication with a certified sketch shall be transmitted by the construction office to the local competent municipal authority.
(2) The communication of the construction office referred to in paragraph 1 does not replace the decisions of the authorities concerned under specific rules. 15)
(1) In the announcement of construction modifications and maintenance works, the builder shall indicate:
(a) on which construction works are to be carried out;
(b) their type, scope, purpose and simple technical description;
(c) proof that he has a right of ownership or another right to construction, which may be replaced by an honorable declaration or, in the case of modification or maintenance work, by a legal or natural person as a tenant, a written agreement with the owner of the construction.
(2) To announce the construction modification or maintenance work on the building, which is a cultural monument, the builder will attach the opinion of the state conservation authority.
(1) The construction office may provide that the notified small construction, construction or maintenance work may be carried out only on the basis of a building permit (Section 57 (1) of the Act). In doing so, it shall take into account, in particular, the location, construction and purpose of the construction and its environmental impact. The construction office shall assess these aspects in particular in the case of the announced small construction or modification of the construction, including operational, production or technical equipment.
(2) In the case of small structures, building modifications and maintenance works, after which the construction office has declared that they are subject to a building permit, the construction works shall be accompanied by the data referred to in Sections 14 and 16:
(a) a simple sketch of the construction or modification or an indication of the modifications to the construction documentation certified by the construction office; no maintenance work shall be submitted;
(b) situation and construction drawings of construction site equipment, if any,
(c) other supporting documents as determined by the construction office necessary for the proper assessment of the case.
(1) Maintenance works which do not require notification to the construction office are in particular:
(a) minor repairs of façade, repairs of internal plaster, wall, floor and paving, repairs of roofing and surface of flat roofs, chimney bodies, repairs of internal installations, replacement, repairs and coatings of gills and waste rain sewers, repairs of windows and doors and their coatings, replacement of door and window wings and repairs of fences, if they do not change the appearance of the construction,
(b) replacement of non-essential parts of construction structures;
(c) repair of central heating, ventilation and air-conditioning equipment and lifts if authorised organisations or persons carry them out;
(d) replacement of furnishing items (e.g. kitchen lines, vans and other ordinary equipment).
(2) If the maintenance work referred to in paragraph 1 is to be carried out on a site which is a cultural monument, it shall be subject to notification.
APPLICATION FOR CONSTRUCTION AUTHORITIES
(K § 58 and 60 of the Act)
The construction office may allow a set of structures, including construction of a construction site or of a single construction of a file, capable of independent use, conditional on transfers of civil engineering networks and construction of construction site facilities. In doing so, it takes into account important public interests (environmental protection, protected areas; ensuring the complexity of construction, etc.) and may provide that it will only carry out construction proceedings after the extension of the application to other buildings or to the whole set of buildings [§ 62 (1) (b) and (c) of the Act].
(1) In the application for a building permit, the builder shall indicate:
(a) the name (s) and address of the builder (in the case of a legal person, its registered office),
(b) the type, purpose, place of construction, estimated date of completion of the construction and, for temporary construction, its duration;
(c) the parcustoms numbers and types of (culture) of the building plot and neighbouring parcels, with an indication of ownership or other rights under the property register or other land to be used as construction sites (e.g. part of the public area);
Contents
ČÁST PRVNÍ
§ 1
§ 2
§ 3
§ 4
§ 5
§ 6
ČÁST DRUHÁ
§ 7
§ 8
§ 9
§ 10
§ 11
§ 12
ČÁST TŘETÍ
ODDÍL 1
§ 13
ODDÍL 2
§ 14
§ 15
§ 16
§ 17
§ 18
§ 19
§ 20
§ 21
§ 22
§ 25
§ 26
§ 27
§ 28
ODDÍL 3
§ 29
§ 30
§ 31
§ 33
§ 34
ODDÍL 4
§ 35
§ 36
§ 37
§ 38
ODDÍL 5
§ 39
§ 40
§ 41
§ 43
§ 44
§ 45
§ 46
ODDÍL 6
§ 47
§ 48
§ 49
§ 50
§ 51
ODDÍL 7
§ 52
§ 53
§ 54
§ 55
ČÁST ČTVRTÁ
§ 56
§ 57
ČÁST PÁTÁ
§ 58
§ 59
§ 60
§ 61
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Regulation Information
| Citation | Decree of the Federal Ministry of Technical and Investment Development No. 85 / 1976 Coll., on a more detailed modification of the zoning and construction rules |
|---|---|
| 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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