Act No. 86 / 1946 Coll.
Law on construction renewal
Valid
Effective from 09.05.1946
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86.
Law
of 12 April 1946
on construction renewal.
The Provisional National Assembly of the Czechoslovak Republic decided on the following Act:
Construction renewal.
Construction renewal and its unified management.
(1) Building renewal (in the next only renewal) means the execution of all works by which building buildings (buildings, public and private facilities, etc.), destroyed or damaged in connection with war events or hostile occupation, are put into good condition (§ 13) or replace new buildings, but only to the extent necessary for the necessary accommodation of the population, to ensure economic life and to ensure the proper conduct of health care or important production or valuable cultural values in the affected municipality or territory. The recovery shall be carried out:
(a) new construction, rebuilding or major repair or modification;
(b) an annex (superstructure), if it conforms to a valid and satisfactory adjustment plan, or if it is not justified by an important public interest, in particular by the effectiveness and economy of the construction or by the requirement of good looks;
(c) other construction activities only if they are carried out at the same time as reconstructions or substantial repairs or changes or additions to the damaged building or - if they are carried out separately - the damage is eliminated by the cost of more than CZK 250,000, in the case of agricultural holdings and family homes and houses of general-purpose construction cooperatives, by the cost of more than CZK 50,000;
(d) rebuilding or substantial repair or modification or extension of an object which has not been damaged in connection with war events or hostile occupation and which belongs to the owner whose other object has been so damaged or destroyed and is not to be restored at its original place, but only provided that the necessary housing or economic units are also acquired in this case.
(2) The renewal should be managed in a uniform manner, so that it is carried out economically, efficiently and quickly. The timing of the individual areas, after the housing sites where recovery is to be carried out, shall be determined by the Government in Slovakia in agreement with the Assembly of Authors. Otherwise, uniform management of the recovery and supervision of its implementation shall be the responsibility of the Ministry of Technology, in agreement with the participating central authorities, in Slovakia, also after the statement of the delegation of the techniques to be agreed with the participating delegates. The implementation and, in particular, the publication of notices on the renewal of individual municipalities (§ 8) is the responsibility of the Regional National Committees - in Slovakia, the State Building Offices (unless otherwise specified), for which the necessary directives and guidelines of the Ministry of Technology will be issued in agreement with the participating central authorities, Slovakia, also after the comments of the delegates of the technology to be agreed with the participating delegates. As auxiliary and executive bodies, the provincial authorities - in Slovakia - and, in the case of the Regional Recovery Commission (§ 2) and the Renewal Agents (§ 3) shall be established.
The Recovery Commission.
(1) In order to speed up recovery, the National Committee of the Land will establish the necessary number of reconstruction committees (in others only the Regional Commission). In Slovakia, the State Building Office will set up the necessary number of district reconstruction commissions. In particular, the task of these commissions will be to prepare, after local examination in the affected municipalities, documents for the renewal of these municipalities under the directives issued by the Ministry of Technology with regard to Slovakia following the comments of the management of the technology.
(2) The Regional Commission (Regional Commission) - Slovakia - is usually composed of four members, namely three technical and legal experts; However, the number of members may be reduced to up to two, one of which must always be a lawyer. The remuneration and reimbursement of travel expenses for members who are not public servants shall be determined by the Regional National Committee in accordance with the directives and guidelines issued by the Ministry of Technology in agreement with the Ministry of Finance and the Supreme Bureau of Price. In Slovakia, the remuneration and reimbursement of these travel expenses shall be determined by the delegatesof technicians according to the directives and instructions issued by the Ministry of Engineering after the statement of the delegatesof technicians which shall be agreed with the relevant delegates.
(3) If there is a larger affected area, the Regional National Committee - in Slovakia, the State Building Office - may set up as a subsidiary body of the Regional Reconstruction Commission (in the next Regional Commission only), whose task is to carry out all preparatory work and investigations under the instructions of the Regional National Committee or Regional Commission, Slovakia under the instructions of the State Building Office or the District Commission. The members of the Regional Commission shall in particular be representatives of the relevant District National Committee, the Legal and Technical Officer for the field of construction, serving at the respective District National Committees - in Slovakia is the Technical Officer from the State Building Office - and the District Doctor; in respect of matters relating to a municipality, representatives of the local national committee shall also be members and, where the municipality employs a legal or technical officer, those officials shall also be employed.
(4) Expenditure related to the activities of the Regional and Regional Commission (reimbursement of travel expenses and remuneration for members who are not public servants) shall be borne by the State.
I'm in charge of recovery.
(1) In the recovery notice (§ 8 (3) (h)), the Regional National Committee - in Slovakia, shall establish a State Building Office - after hearing the local National Committee, as far as possible, a renewal agent, whose task is to take all necessary measures on behalf of the owners of the property to carry out the reconstruction (submission and proposals under construction regulations, negotiations for reimbursement measures and others), either exclusively (§ 11) or at the disposal of the owner (§ 12). In the case of greater damage in the municipality, more agents may be appointed and their area of responsibility determined. An alternate representative shall always be appointed as agent if he is unable to perform his duties. The Regional National Committee - State Building Office in Slovakia - may at any time dismiss and replace the agent (alternate) by another person.
(2) A person with the necessary expertise and, as far as possible, local knowledge should be designated as a proxy. Before the start of the activity, he shall make a promise to the President of the District National Committee to carry out his duties properly, conscientiously and impartially. In the performance of his duties, he shall be considered to be an official and shall enjoy protection under the relevant criminal law. Qualified auxiliary forces may be added as necessary by agents.
(3) The agent is obliged to follow the directives and guidelines of the Ministry of Transport (§ 1 (2) and the Regional National Committee - in Slovakia, the State Building Office. In addition, it shall be subject to supervision and direct instructions from the District National Committee in Slovakia by the State Building Office, which may, by official authority, suspend, amend or revoke its measures within 15 days of the date on which the measure was taken. If the measure has been terminated, the District National Committee - the State Building Office in Slovakia - must take a final decision within a further 15 days, otherwise the measure remains in force for the agent. There is no appeal against the decision of the District National Committee, in Slovakia by the State Building Office, which suspended, amended or repealed the agent's measure.
(4) The remuneration and reimbursement of expenses for the agent (alternate) and its auxiliary forces shall be determined by the Regional National Committee in accordance with the directives and guidelines issued by the Ministry of Technology in agreement with the Ministry of Finance and the Supreme Bureau of Price. In Slovakia, the remuneration and reimbursement of the expenses shall be determined by the Technical Officer's delegation in accordance with the directives and guidelines issued by the Ministry of Engineering after the Technical Officer's statement, which shall be agreed with the relevant Delegations. The remuneration and reimbursement of expenses shall be paid as recovery expenses (Section 11 (4)).
(5) In the absence of a renewal agent, its activities are carried out by the District National Committee in Slovakia, the State Building Office.
(6) For continuous severely damaged areas, determined by the Government pursuant to Paragraph 1 (2), where there is a significant number of destroyed or damaged agricultural holdings and family houses of one or two apartments in which the owner resides, with an area of his own residential area of up to 80 m2 or with a small business establishment, the Minister of Technology (in Slovakia, a technical officer) may appoint a principal agent for the renewal of all the premises in these territories. The scope of the principal shall apply to at least the district of the administrative district and shall be subject to all provisions concerning the recovery agent; by derogation from the provisions of paragraph 3, the promise shall be placed in the hands of the Minister of Technology (in Slovakia, in the hands of the Technical Officer) and shall be subject to supervision and direct instructions by the Minister of Technology (in Slovakia through the Technical Officer). If these guidelines concern financial matters, they shall be issued by the Minister of Technology in agreement with the Minister of Finance.
Disabled villages.
(1) The Regional National Committee - in Slovakia, the State Planning and Statistical Office - will decide in accordance with the directives and guidelines (§ 1 (2)) and publish in the Official Journal, Slovakia, in the Official Journal (Úradnom vestník), for which municipalities are subject to the provisions of this law.
(2) The decision referred to in paragraph 1 shall have the effect that:
(a) the owner, after the case of the municipality, is obliged to remove sputins and debris in the shortest time (§ 5);
(b) the reconstruction of the municipality will be governed by the recovery notice.
Removal of ssutin and debris and provision of usable building materials.
(1) In each municipality [§ 4 (1)], the sputters (on public areas and on private land) and the rest of the buildings must be removed, if they cannot be used for the final renewal of the construction and if they are not a monument or otherwise valuable object. In doing so, care shall be taken to obtain as many usable materials as possible. These materials are provided for the purpose of reconstruction in the municipality and may only be treated under the instructions of the Regional Commission or under its authority under the instructions of the Building Office, Slovakia under the instructions of the State Building Office. If the owner is ordered to forward them to another person, the construction office shall determine the compensation in accordance with the price regulations.
(2) The construction office shall, by decree or otherwise in the municipality, invite the usual owners to take appropriate measures at their premises within a reasonable time; specify, in the case of an agreement with the State Monument Office, which objects are considered to be monument or otherwise valuable and determine how to ensure the remains of buildings which are not removed (paragraph 1). The owner may, within 15 days of the request, request an extension of the specified period; the construction office must decide on this application within 8 days of its submission.
(3) The owner shall, within 15 days of the request referred to in paragraph 2, declare whether he intends to comply with the request. If the owner has not made any declaration within that period or has declared within that period that he does not intend to remove the rubble and the debris or if he has not removed it within the time limit laid down in paragraph 2, the municipality shall be obliged to do so; In doing so, the acquired building materials without compensation become its property.
(4) With the removal of sputins and debris referred to in paragraphs 2 and 3, it may wait until the recovery of the object in question is initiated, unless the state of public safety is a threat to the state of the art and there is a health defect.
(5) The cost of removal of sputins and debris for objects to be recovered shall be included in the recovery expenditure (§ 11, par. 4). The State will cover the cost of removing other sputins and debris.
Detection of damage to building objects and their condition.
(1) In the shortest time, for each building destroyed or damaged (§ 1 (1)), it should be ascertained which damage has been caused and what its state of construction is (in particular whether and what part of it is still applicable for renewal). The findings shall be made on the cost of the State by experts in accordance with the guidelines of the Ministry of Technology, issued with regard to Slovakia, after the statement of the authority responsible for the technique.
(2) The determination of the damage referred to in paragraph 1 shall be the basis for the negotiations of the Joint Commissions under Sections 4 and 5 of the Decree of the President of the Republic of 31 August 1945, No 54 Coll., on the registration and detection of war damage caused by exceptional circumstances; in Slovakia, the basis for the negotiations of the authorities mentioned in the Decree of the Slovak National Council of 3 July 1945, No. 67 Coll. SNR, on the registration of damage caused by war events.
(3) When providing advances under the rules on advances for compensation for war damage, if damage has been applied to the building object, it shall be determined whether and what part of the advance is due to compensation for construction damage on this building.
Driving.
(1) Regional Commission, Slovakia District Commission, to which the technical technical officer of the District National Committee - in Slovakia State Building Office - and the representative of the municipality, first of all
(a) see on the site the state of construction of each municipality [§ 4 (1)],
(b) examine how the removal, landfill and storage of still applicable building materials of ssutin and debris of buildings is carried out or carried out, and, where necessary, issue binding guidelines definitively;
(c) establish which investigations have already been carried out; and
(d) decide which other preparatory work is due. When certain measurements or preliminary orientations of solutions are necessary, the Regional Commission - in Slovakia, the District Commission - may, after hearing the municipality, give the relevant work to the competent expert; the costs associated with this are borne by the municipality. The Ministry of Technology, in agreement with the Ministry of Finance, in Slovakia through the respective mandates, may grant aid to municipalities through State resources to carry out these preparatory work, provided that the costs associated with them cannot be reimbursed by their means.
(2) At the end of the preparatory work, the Regional Commission - in Slovakia, the District Commission - shall carry out a local examination in each municipality, attended by the advisory members of the Regional Commission or, if not established, by the persons who would constitute it, and, where appropriate, by a representative of the occupancy office or its competent authority and invited experts; If the whole municipality, which is mainly agricultural in nature, is restored, the representatives of the Ministry of Agriculture in Slovakia are also invited to the responsibility of agriculture and land reform. The local survey will be announced in public at least eight days in advance.
(3) In the local examination the Regional Commission - in Slovakia the District Commission -
(a) examine the outcome of the preparatory work and supplement it where necessary;
(b) summarise immediately the outcome of all these investigations in the proposal for substantial points of the recovery notice; and
(c) provide participants with a local examination and the owners of the properties concerned with the possibility of taking an opinion on the proposal. The objections raised later will not be taken into account.
(4) When a Regional Commission has been set up, it is responsible for preparing and facilitating in all respects the actions of the Regional Commission - in Slovakia the District Commission - and to submit its proposals for a recovery notice.
(5) For easier cases, the Regional National Committee - the State Building Office in Slovakia - may add to the Regional Commission by its expert officer as Chairman of the Commission and be entrusted directly with carrying out the procedure provided for in paragraphs 2 and 3.
(6) Where there is an urgent need for this, it may be carried out, provided that the parties do not object and that there are no other obstacles, in particular in regulatory terms, either at the request of the party or ex officio, in the light of the fact that the Regional (District) Recovery Commission will carry out the local examination referred to in paragraph 2 without prior action under paragraph 1.
(7) If, exceptionally, the renewal of the destroyed objects is to be carried out by new construction in the perimeter of another municipality, the proceedings referred to in paragraphs 2 and 3 shall be linked to the two municipalities concerned.
Ratio of recovery.
(1) The dimension of the renewal (in the next measure only) is a mandatory regulation for the scope and method of the reconstruction in a particular municipality in terms of planning and construction. The measure may relate either to the whole municipality or to some parts of the municipality, or only to certain objects in the municipality (partial area).
(2) The area shall first be determined:
(a) how many building buildings (§ 1 (1)) and what kind has been destroyed, how much and to what extent has been damaged and how many residential or economic units have been lost,
(b) how many of them must be renewed in order to meet the most necessary needs of local and wider public interests, and
(c) if the municipality has a satisfactory adjustment plan, which may be the basis for recovery.
(3) According to these findings and to the outcome of the local examination (§ 7), the scope and method of recovery shall be determined, in particular:
(a) which objects will be restored, after which other areas will be replaced; and
(b) which areas, by contrast, are excluded from construction up to the adjustment plan measures due to the need for a more detailed assessment and consideration of the needs of transport, health, preservation of monuments, and the need for an adjustment plan;
(c) guidelines for any changes to the distribution of areas on the site;
(d) in which building lines and height levels are to be built;
(e) which types and methods of construction may be carried out, their permissible height and below;
(f) what measures are needed to restore and protect monuments or other valuable objects;
(g) if necessary, the order of the buildings according to their urgency, in particular social or economic efficiency and effectiveness of the work process;
(h) one or more agents for renewal (their alternates), in the case of their respective circuits,
(ch) whether, in view of the extent and manner of damage (e.g. continuous severely affected areas), recovery will be carried out throughout the municipality or some part of it as a single building event (§ 11); and
(i) an estimate of the need for individual building materials, after its timing, how many of these materials can be provided on-site and what workforce will be needed.
(4) In order to assess which industrial plants or their objects need to be renewed (§ 1 (1)), the binding decision or measure of the Minister of Industry, issued in Slovakia by an entrant of industry and trade, in agreement with the Minister of Nutrition, is also taken in Slovakia after the statement of the entrant of nutrition. The inventory of these objects in the respective municipality will be drawn up by the local national committee and sent to the Ministry of Industry (Slovakia through industry and trade mandates) for consideration. The decision will then be sent directly by the Ministry of Industry (Slovakia through the entrustment of industry and trade) to the relevant Regional (District) Commission for Reconstruction. It is only under this Decision that such plants or their objects can be incorporated into the area.
(5) The content of the area referred to in paragraph 3 (a) to (f) will normally also be expressed in the plan. The measures referred to in paragraph 3 (b) to (f) may be withdrawn in an area for municipalities with a satisfactory adjustment plan.
(6) The Regional National Committee - the State Building Office in Slovakia - may supplement or amend the scope if this is necessary in the public interest, either after repeated local examination or after hearing the participating owners and the Regional Commission or, if not established, the District and Local National Committee.
(7) The plan (paragraph 5, first sentence) will only be delivered to the construction office and to the municipality where it will be permanently unloaded for inspection. An appeal may be lodged by the municipality from the notice (paragraphs 1 and 6). The owners of the properties concerned may appeal only against the decision of the measure referred to in paragraph 3 (a) and (e). The Ministry of Technology will decide on the appeal in Slovakia. The other interested parties may only defend themselves in the proceedings referred to in Paragraph 14.
Land property adjustment.
(1) If the purpose of the project was to change the existing division of areas on the construction site in the affected parts of the municipality, a new plan for the construction site should be provided in accordance with the principles established by the project. The draft plan shall be prepared and submitted to the construction office for consideration under the construction regulations by the renewal agent (§ 11, paragraph 1, after 3 and § 12, paragraph 2) or by the constructor (§ 11, paragraph 3 or § 12, paragraph 1); The consent of the owners of the land is not necessary, but within the limits permitted by the construction regulations and the meaning of their requirements shall be taken into account.
(2) New construction sites may be supplemented from neighbouring land (in particular by the acquisition of construction sites after construction sites which are not to be renewed) if, without them, it would not be possible to build on new construction sites effective and proportionate residential or economic units. If there is a need to build a new building for a builder whose existing construction site has been used to complement neighbouring construction sites, it shall determine a new location for it; the owner of the land which, according to the scale, has been used to supplement another construction site shall be given, if he so requests, a refund on another like site.
(3) If a plot or part thereof is used to complete another construction site, it may contain defects that bind the removal of the service, which would thus be devoid of meaning, may be transferred to the plot, provided that the condition of its library load does not prevent it, according to the order of the replacement plot, at the same time as the contribution of the property to that plot. If the defects are not transferred to the land of the replacement and if the owner of the replacement land does not demonstrate that the persons to whom they relate to the land used to supplement another site of the right from the library records do not object to the erasure of their rights, the owner of the replacement land shall pay the price for the land used to supplement another site of the library court and it shall lay down it in an undisputed procedure in accordance with the principles of the Enforcement Code (Law); This applies mutatis mutandis if the land used to supplement another construction site has been awarded cash compensation under an agreement with its owner and if the owner does not demonstrate that the persons who are entitled to the land from the library records agree that the refund should be paid directly to him. The document referred to in the previous sentence shall be provided by a document on which the signature of the authorised person is certified by a court or notary (public notary).
(4) If the areas required under paragraph 2 are not covered by an agreement, they shall become expropriation (Paragraph 10).
Measures of necessary building sites.
(1) The procedure for the provision of the necessary construction areas shall be carried out by the construction office at the same time as the procedure for the formation or change of construction sites. Anyone requesting expropriation shall be entitled to submit a request for the creation or change of construction sites. A connoisseur shall therefore be added to the local examination to estimate the real estate. In an invitation to be delivered at least 8 days in advance in accordance with the rules for subpoenas to the construction committee, either all owners of the land covered by the construction site plan have been warned that it will be a measure of land, after removal, and that the objections can be submitted at the latest at local examination; further indicate where the plan can be consulted.
(2) If neither the owner nor his authorised representative is present for local examination and if he does not submit written objections in due time or if the objections submitted are not recognised as justified, or if he does not reach agreement between the owners of the land on the proposed changes in the distribution of the land, the necessary areas, not for State land, shall be expropriated. At the same time, the provisions of the notice on the need for or the appropriateness of a change in the division of construction sites or new measures are already there to decide that any expropriation is justified by public interests. For the scope of expropriation, the result of the examination of the construction site plan in terms of construction rules is decisive. An estimate of the land concerned shall be made in the course of the expropriation procedure in order to determine the appropriate compensation. The parties, if present, must be given the opportunity to comment.
(3) An appropriate refund shall be understood as a general value in accordance with the applicable pricing rules, taking into account the damage suffered by users, beneficiaries, tenants and smugglers, unless the replacement for the object of the expropriation is already intended to satisfy their claims and, where partial expropriation reduces the value of the remaining part of the property. No account shall be taken of the particular popularity, of the value that may be acquired by the property after the renewal or implementation of the adjustment plan, or of the ratios which were intended to be used to increase the compensation.
(4) In an assessment of the redistribution of land on the site or the creation of new construction sites under construction rules, the construction office shall decide, if necessary, on the expropriation and allocation of occupied areas to individual construction sites and on the replacement. This notice may be invoked only against the fixing of a refund, otherwise it shall be final.
(5) The refund shall be payable within three months of the start of the works, but not later than one year after the issue of the expropriation notice and shall constitute part of the cost of the renewal of the premises.
(6) The fact that the owner cannot receive an invitation for local examination or expropriation, because his residence or residence is unknown or because he is absent from his place of residence and has not appointed an authorised representative, does not prevent expropriation. In this case, the construction office shall set up an absent owner for his cargo a guardian; the refund shall be lodged in court, where appropriate.
(7) The competence of the authorities in Slovakia is governed by Section 28.
A single building event.
(1) In the territory in which the renewal is carried out as a single building operation according to the scale, the renewal agent shall take all steps necessary to carry out the renewal, including those which otherwise belong to the owner or to whom his consent is required under the construction and other rules. The requirements of individual builders are due to be taken into account mutatis mutandis in accordance with § 9 (1), second sentence.
(2) If the owner of the building, which was the object of the renewal, asks by means of an agent to be relieved of the obligation to renew, and if there are serious reasons for doing so, the Regional National Committee - the Regional National Committee in Slovakia - may, after hearing the municipality, exempt the owner from the obligation to renew and may decide that the municipality is obliged to purchase the site; If there is no price agreement, this area will be expropriated (Section 10). With the agreement of the municipality, the construction site may also be transferred to another person who undertakes to carry out the prescribed renewal. If the municipality carries out the reconstruction, the price paid for the construction site under this provision shall be included in the cost of the reconstruction.
(3) The mandate of the renewal agent shall not apply to the renewal of public buildings and public, regional and local buildings, except that the office to which the administration of such buildings or installations is responsible shall entrust the agent with this task. The same applies to the renewal of public buildings and facilities of those municipalities which employ a technical expert.
(4) All expenses, loans and others, which are likely to relate to the restoration of only certain real estate, should be included in its account, after the library has ensured its burden. Expenditure common to more than one property or to the whole territory shall be allocated to the property concerned in proportion to (or in proportion to) the construction costs.
Reconstruction or repair of individual building objects.
(1) In municipalities or parts thereof which will not be renewed by a single building event, it is the responsibility of individual owners to proceed with the restoration of the building building within the scope of the notice and according to the applicable building rules.
(2) If the owner fails to comply, without a reasoned apology, with the provisions of the renewal procedure [§ 8 (3) (g)], the renewal agent may take the necessary measures for him and his cargo.
(3) The provisions of Sections 9 and 10 (modification and measure of construction sites) and 11 (2) to (4) apply mutatis mutandis.
Method of implementation of the structures.
(1) The construction works are either carried out according to modern principles of construction and in a way that is permanent (not emergency). It is important to ensure that buildings, even in terms of architectural or their size and shape, do not break the character or general appearance of the site or landscape or surrounding historical or artistic monuments, and that parts of the historical and artistic prize, which may have been preserved in whole or in part, are restored and appropriately integrated into the new building under the cooperation of the State Heritage Office.
(2) The buildings are either equipped as technical features and their progress permit. If it is not yet possible to fully comply with this requirement due to the lack of the necessary materials, the construction should be carried out and prepared so that the missing equipment can then be easily completed.
(3) In agreement with the central authorities involved, the Ministry of Technology will issue more detailed guidance on how all buildings are to be implemented. As far as Slovakia is concerned, these guidelines are issued by the Ministry of Transport, after a statement by the delegates of the technicians concerned.
Derogations from construction and commercial regulations.
(1) The existing rules on the distribution or conversion of land at the construction site, the establishment, communication and setting of the construction line and the height level, the building permit and the relevant procedure apply to the renewal with the amendments resulting from the provisions of Sections 8, 9 and 13 and the following other derogations:
1. If the procedure for the division or conversion of land into a construction site or for the communication of a building line or building permit is already fully prepared (in particular if the relevant plans are presented and if the neighbours and representatives of the municipality have no objection to the discussion, in particular if their agreement with the request is proved), the Regional Commission may, in its local inquiry, also carry out a comitology procedure under the building rules and decide on the application at the site of the building office by a separate purpose against which the parties may appeal to the Regional National Committee, in Slovakia, to be entrusted with the technology. The permit under the construction regulations can only be issued at the same time as the recovery ratio.
1a. Opposition which contravenes the individual provisions of the recovery notice and may have been, but have not been, applied in the local examination [§ 7 (3) (c)].
2. If the construction office considers that the recovery notice should be amended in the light of the outcome of the procedure under the construction rules, it shall refer the matter to its proposal to the Regional National Committee, which shall decide in its entirety. If its decision changes the recovery notice, the provisions of Paragraph 7, paragraphs 6 and 7 shall apply mutatis mutandis.
3. The appeal must be lodged with the construction office no later than 8 days after the receipt of the decision; It is always decided by the Regional National Committee, which is responsible for technology in Slovakia.
4. Within 3 days of delivery of the building permit, the construction office shall draw the building line and determine the level or communicate the necessary information to the agent (s). Otherwise, an agent may do so, having received an authorised expert.
5. For proper design, safe use and health care, the person performing the construction is responsible for the proper construction rules.
6. Only 200 kg per m2 of binding beams as ceilings are allowed to be loaded in the attic flats, and the spread of fire must be effectively and appropriately prevented.
7. Each house be a building total for each other with its own border walls. In the current building of neighboring houses, if they do not have more than one floor with attic, or if they go for buildings with supporting frames, the building office can allow border walls 15 cm thick.
8. Unless otherwise stated in the meaning (Paragraph 8), the choice of construction materials shall be left to the discretion of the person applying for the permit of the construction (agent or builder); However, this shall not prejudice the durability, usability and appearance of the building or its surroundings. The construction works are designed in such a way as to achieve the greatest efficiency and economy in the use of building materials. For special structures, their static safety and perfect thermal and sound insulation shall be demonstrated; if these conditions are met, wall thickness may also deviate from the applicable rules of the building regulations. The construction office may request proof of the suitability of the intended building materials.
9. Wood may be used as the main building material, not by continuous structures, except where the construction regulations allow it. Wooden buildings set up in places where construction regulations do not allow such structures must be secured by building or certified impregnation of wood and against easy ignition. The cover of straw in continuous construction is not allowed; otherwise, be used only exceptionally.
10. Housing houses may be permitted by five floors, unless otherwise provided for by the regulations in force. Under the same conditions, an additional floor with a retreat to height of at least two to three may be set above the maximum permissible floor, in such a way that the ideal roof area is not broken or oversized. In exceptional cases, more than five floors may be permitted in Slovakia with the approval of the Ministry of Technology. A receding floor can be set above the fifth or higher floors only if the higher floors are easily reached by an appropriate staircase, but also by a personal and freight elevator. Where it is available, it is also remembered to set up a personal and freight lift on other buildings by more than 3 floors. Other restrictions on the height of residential houses under construction regulations remain in force.
11. The light height can be reduced in residential and working rooms up to 2 m 60 cm, in the attic up to 2 m 40 cm.
12. The stairs at the top of the two floors may be 1 m 10 cm wide. There is no need to establish staircases or fireproof corridors in family houses; the width of the staircases and the dimensions of the stages may deviate from the applicable building rules. The tolerance shall be decided by the construction office, taking into account the interests of safety.
13. Closets can be set up in bathrooms that are accessible only from the hall and can be ventilated directly (not into the skylight). In places where there is no public sewerage or where it is not carried out up to the construction site, it is permitted to use temporarily a gutter system.
14. The builder may be authorised to defer his request to the Court.
15. The setting-up of underground flats must be waived.
(2) The guidelines on the way in which construction works are carried out (Section 13 (3)) may derogate from the rules of the existing building regulations and regulations and from the provisions of the preceding paragraph, but must ensure appropriate safety of supporting structures, thermal and sound impermeability, as well as resistance to fire of used buildings and in particular the basic conditions of healthy housing. The apartments must be perfectly dry, aerated, properly lit and equipped with adequate, technical progress corresponding to the appropriate ventilation accessories. In Slovakia, the Regional National Committee - responsible for technicians - may allow further derogations from the applicable building regulations resulting from the state of the maintained part of the construction, unless serious public reasons prevent this.
(3) If the renewal of an establishment for which approval is also required under the Trade Code is required, the National Committee responsible under the Trade Code shall also conduct construction management and take a decision; in Slovakia, the building process is carried out and the building permit is always issued by the state building office. The time limit for determining the local examination shall be reduced to 8 to 14 days during the editorial procedure.
Reimbursement of recovery expenses.
The costs associated with the renewal shall in principle be borne by the builder, with the exception of Article 22 (a). State aid may be granted under the conditions set out in Part II.
State aid for renewal.
A. Subject, method and scope of support.
Objective of aid.
(1) State aid may be granted for the renewal of construction buildings carried out under Part I. In justified cases, aid may be granted even if the renewal of the building is carried out in accordance with the applicable rules of construction outside the procedure referred to in Part I.
(2) In cases of special consideration, State aid may be granted, to the extent necessary, to restore construction buildings, which was carried out by the owner himself prior to the application of this Act in accordance with the applicable building rules outside the procedure under Part I.
(3) Aid may be granted in accordance with the previous paragraphs 1 and 2 for the renewal of industrial buildings, carried out outside the procedure referred to in Part I, provided that the decision of the Minister of Industry is taken pursuant to Section 8, paragraph 4.
(4) The building object referred to in paragraph 1 shall mean public buildings (town hall, municipal offices, hospitals, schools, churches, theatres, shops, slaughterhouses, etc.), public and private facilities (water, sewage, communications and others), residential buildings, agricultural, trade, industrial, warehouse and the like.
The method of support.
Aid may be granted:
1. by taking over the State guarantee for the loan granted by the construction site to cover the costs associated with the renewal of the building up to the full amount of the cost and for the loan made by the municipality for the restoration of the agricultural estates and family houses referred to in § 3, paragraph 6, if applicable
2. by granting a State contribution to the annual instalments (interest and amortisation) of this guaranteed loan.
Common provisions for the scope of the aid.
(1) The aid is granted in respect of the costs associated with the renewal of a building site where:
(a) is not reimbursed for damage to war on the premises, provided perhaps under the relevant special regulations, or by other contributions, aid and others;
(b) because of its economic circumstances, the builder cannot carry out the reconstruction by his own means; and
(c) the necessary loan would not have been granted in view of the economic situation of the construction works without a State guarantee.
(2) In determining the conditions referred to in paragraph 1 (b) and (c), the financial management shall be obliged to cooperate.
Aid for the recovery of confiscated property.
(1) In the case of the promotion of property confiscated under the decree of the President of the Republic of 21 June 1945, No 12 Coll., on the confiscation and accelerated distribution of the agricultural assets of Germans, Hungarians, as well as the traitors and enemies of the Czech and Slovak peoples (in Slovakia pursuant to the Decree of 23 August 1945, No 104 Coll. on the confiscation and accelerated distribution of the agricultural assets of Germans, Hungarians, as well as the traitors and enemies of the Slovak people, as amended by the Decree of 14 May 1946, No 64 Coll. SNR), or under the decree of the President of the Republic of 25 October 1945, No 108 Coll., on the confiscation of enemy assets and National Recovery Funds, the aid may be granted to the fund of the national administrator of the funds and to the agricultural property and to the person who has received the object for the administration and use, after the general purpose of the housing.
(2) Until such time as a person becomes a library owner of confiscated property, the obligations imposed in § 24 affect the person receiving the aid.
(3) The provisions of the preceding paragraphs apply mutatis mutandis to property which, pursuant to Paragraph 2 (3) of Decree No. 108 / 1945 Coll. is not subject to confiscation, unless the property has been returned to the original owners pursuant to § 4 (1) of the Law of 16 May 1946, No 128 Coll., on the nullity of certain property-law acts from the time of liberty and on claims from that invalidity and other interference in the property-based assets. In such cases, aid may be granted to the original owners if they hold assets not yet recovered.
B. State guarantee.
Content of the State guarantee.
(1) The Regional National Committees are hereby authorised to assume, in an agreement with the Ministry of Finance and Interior and in the case of residential buildings, also in an agreement with the Ministry of Technology - in Slovakia, after the comments of the relevant delegates - the State guarantee for loans granted under § 17, No 1.
(2) By taking over the State guarantee, the State guarantees the creditor for the loan, in return for the remuneration, the remuneration and the incidental remuneration and for the repayment of the loan with the facilities provided for in the debt write-down, the State takes the undertaking that:
1. the amount not received shall be paid even with interest on late payment up to the actual payment and with recovery costs if the debtor fails to fulfil the obligation imposed on him by the debtor, even if it has been recalled by the registered letter;
2. pay the deficit even with interest on late payment and recovery costs if the compulsory administration is imposed on the object (if this is possible due to the nature of the object and consent is given in accordance with Paragraph 25 (2)), and if its yield is not sufficient to cover the liabilities assumed under the debenture;
3. They shall pay the guaranteed loan even with interest on late payment until the actual payment and other secondary salaries, or part thereof, with the facilities which will come out empty at the time of the schedule of the highest filing, if the object is sold by forced auction (if this is possible due to the nature of the offer and consent is given in accordance with § 25 (2)) and if the creditor does not auction the guaranteed loan, but would have provided the previous unguaranteed loan.
(3) The commitment of the State referred to in paragraph 2, No 1, shall expire on 30 days, counting from the date on which the creditor notified the debtor's delay to the relevant regional national committee (paragraph 1).
(4) Guaranteed loans have an orphan's guarantee.
The conditions for granting the State guarantee.
(1) The State will take over the guarantee only a little,
1. where interest and amortisation are paid on a regular basis, which shall not exceed 1% per year of interest on the initial principal;
2. If the creditor can give notice of the loan only with the consent of the competent Ministry (§ 19 (1)),
3. if the creditor undertakes that:
(a) immediately upon maturity, it shall remind the debtor if he has not received his obligations under the debtor's subscription and invite him to do so within the time limit set by that subscription;
(b) inform the competent Ministry within 15 days of the expiry of the period referred to in (a) if the debtor has not received his obligations;
(c) inform the competent Ministry if it intends to transfer the guaranteed loan or part thereof;
(d) accept the resignation or extraordinary repayment of the guaranteed loan or part thereof;
(e) does not grant new loans within the limits of the outstanding lien for the part of the guaranteed loan paid,
(f) it denies or will, according to the debt note, be required to repay the loan and that it will be enforced by the competent Ministry if requested to do so.
(2) If the State guarantee is granted for a hypothetical loan, this loan must be secured on the building site by a lien and the State guarantee noted.
(3) If, due to the nature of the building, a guaranteed loan cannot be secured on it, the competent Ministry may request that the guaranteed loan be secured by a lien on other building blocks.
(4) If, only after the amount of the guaranteed loan has been determined, compensation (advance) for war damage to real estate or other contribution, aid and recovery will be granted, the loan will be reduced by these amounts or, if it has already been paid, the debtor must use them for full or partial repayment of the guaranteed loan. Compensation (advance) of war damage, or other contribution, aid and other., granted for the renewal of an object which has been decided by the purpose of renewal to be renewed [Paragraph 8 (3) (a)] may be paid only under the guidelines of the Regional National Committee in whose field the compensation (advance), other contribution, support and promotion have been granted.
(5) If the State has paid the guaranteed loan due to the guarantee, the satisfied creditor shall be obliged to issue to the relevant regional national committee all the legal aid and means of provision which he has, in the hypothetical loan, also the deed of the loan being transferred, accompanied by his certified signature, according to which the transfer of the lien with the creditor to the State is entered in the land register.
(6) The guaranteed loan will be released according to the construction process. The guaranteed loan can thus be paid up to 90%; the remainder may not be paid by the creditor until the final amount of the loan has been determined by the competent ministry.
(7) The relevant Regional National Committee may, in agreement with the Ministry of Finance, lay down, in particular justified cases, further conditions for the acceptance of the State guarantee.
Total amount of guaranteed loans.
The State will take over the guarantees for loans under § 17, No 1, up to the total amount of CZK 10 billion.
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Regulation Information
| Citation | Act No. 86 / 1946 Coll., on Construction Reconstruction |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 08.05.1946 |
|---|---|
| Effective from | 09.05.1946 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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