Act No. 87 / 1958 Coll.
Building Regulations Act
Valid
Effective from 01.01.1959
87
Law
12 December 1958
on construction rules
The National Assembly of the Czechoslovak Republic decided on the following Act:
Preliminary provisions
This law provides for the authorisation and implementation of buildings of all kinds, the use and maintenance of buildings and the provision of necessary property and rights to meet economic, operational, technical and security requirements and to meet the cultural, social and other interests of society.
Design and implementation of structures
Construction and construction may only be carried out according to the prescribed project and budget documentation (hereinafter referred to as the "documentation ') and the decision on the admissibility of the construction.
Changes in the construction or work to remove the effects of wear on the construction require a decision on the admissibility of the construction if the components of the construction are replaced, if its floor or height arrangement or its appearance is changed or if the construction or part of it is modified for other uses. Save as otherwise provided in the implementing provisions, the other works must be notified in advance to the construction office.
Construction and construction may be carried out by construction and assembly organisations of the socialist sector or by other organisations of the socialist sector, provided that they are professionally equipped for this purpose. Other organisations and persons may carry out construction and construction work provided that professional management is guaranteed and that the construction office agrees to do so.
Use, maintenance, modification and demolition of buildings
(1) Completed structures or their operational integrated parts may only be used for authorised purposes.
(2) Changes in the way in which construction works are used, in the establishment, in the production method or in the substantial extension of production are permitted only if the competent authority issue a new authorisation for placing in service (use). No authorisation may be granted if it is contrary to important local interests.
The owner is obliged to keep the construction in proper and user-friendly condition according to the decisions made to carry out the construction and put it into permanent operation (use).
(1) The construction office may order the owner of the building to make the necessary modifications for his cargo for reasons of general interest.
(2) If the owner is unable to pay the cost of the modification of the construction, or if it does not benefit or benefits only a little in proportion to the cost, the owner may, at his request, be contributed by the State. The application shall be decided by the construction office, which shall also lay down the conditions for the grant of the adjustment allowance.
(3) The provisions of the preceding paragraphs shall not apply to cases of rendering.
(1) If the construction or part of it threatens to collapse or threaten the safety or health of persons and cannot be repaired economically, the construction office shall order the owner of the owner of its demolition.
(2) The construction office may also order the demolishing of the construction or part thereof if it has been carried out without decision on the admissibility of the construction or in contravention or by way of derogation from the approved documentation.
(3) The construction or part of the construction, if not ordered, shall be subject to the permission of the building office.
(4) The cost of demolishing the construction or part of it shall be borne by the owner. The costs of the security works necessary for the defective condition of the adjacent building or parts thereof shall be borne by the owner of the building.
(5) If the construction office orders the demolition of the building for reasons of safety (paragraph 1), it shall also order users of flats and other rooms in the building or its parts to be demolished to be removed.
Building offices, construction procedures and state building supervision
(1) The scope under this Act is exercised by the construction authorities, unless there is something else in the individual provisions.
(2) The construction office is:
(a) the executive body of the local national committee, which shall have a well-established construction service and which shall be designated by the Regional National Committee after hearing the Council of the District National Committee by an official notice;
(b) otherwise the executive body of the district national committee.
(3) The implementing rules shall specify in which other cases the executive bodies of the local national committees shall exercise the responsibility of the building office, or where the management authority of the district national committee may delegate the competence of the building office to the management authority of the local national committee.
(4) If the construction is carried out within the perimeter of several construction offices, the procedure shall be carried out and the decision shall be taken by the nearest joint supervisor. That authority may provide for the procedure to be carried out and for the decision to be taken by one of the subordinate executive bodies of the national committees.
(1) Before the construction works start, the builder is obliged to ask the construction office for a decision on the admissibility of the construction and to submit the prescribed documentation.
(2) Before the decision is taken, the construction office shall conduct a local inquiry to which it shall invite the constructor and other parties to the proceedings, the authorities concerned, and the labour inspection authorities, the designer and the organisation which shall carry out the construction. It may refrain from the local investigation only if it is well aware of the conditions of the construction site and its surroundings and allows it to do so by the type, extent or method of construction.
(3) For constructions whose documentation is approved under the investment construction documentation rules, the construction office
(a) examine the compliance of the documentation with the territorial plans, whether the conditions of the territorial decision and the stopping plan are complied with and whether the complexity and continuity of the construction is guaranteed;
(b) ensure the expression and consistency of all the authorities concerned and of the labour inspection bodies;
(c) examine the observations of the parties and their objections.
(4) The construction office may review the documentation also from the point of view of other regulations on the implementation of the buildings and request its addition.
(5) For buildings not covered by the rules on the approval of investment building documentation, the construction office will review the documentation from the aspects referred to in paragraph 3 and from the aspects of the requirements for the design and fitting of the construction (use of types, compliance with technical regulations and technical standards, health, fire, safety, etc.).
(6) The implementing rules specify when simplified construction procedures may be carried out, in particular limited to the examination of the stopping plan.
(1) For buildings whose documentation is approved in accordance with the rules on the documentation of investment construction, the construction office shall first issue a decision on the objections of the parties to the proceedings and shall lay down binding conditions for the decision on the admissibility of the construction. Once a possible appeal against a decision on objections has been dealt with - unless an appeal is withdrawn by the construction office - and the conditions and / or outcome of the appeal are met by the approval of the documentation, the construction office shall, without further proceedings, issue a decision on the admissibility of the construction. An appeal against the decision on the admissibility of the construction may not be brought about by the facts which the party has relied on or may have relied on in the opposition proceedings.
(2) In the case of other buildings, the construction office shall decide on the admissibility of the construction, decide on the objections of the parties to the proceedings and lay down the binding conditions for the implementation of the construction.
The construction office may make comments to the competent authority for the assessment and approval of the documentation, in particular as regards the progressive technical solution or the use of local resources. The authority examining the documentation shall discuss and communicate the outcome of the discussion to the construction office during the approval procedure.
(1) The construction office exercises state building supervision over construction site preparation and implementation, use and maintenance of construction sites; ensure, in particular, compliance with decisions made under this Act and other building regulations. When carrying out the construction, it shall also monitor whether supervision is carried out under specific rules, in particular as regards compliance with technical standards, technical conditions and safety regulations.
(2) If the construction office finds a defect in its supervision, it shall order it to be removed.
(1) The owners of the buildings shall be required to keep the complete documentation of the construction corresponding to the actual condition throughout the construction operation with all related decisions and approvals. State building supervisory bodies may at any time consult these documents.
(2) The implementing rules shall specify which parts of the documentation are to be submitted by the owner of the building for archive purposes to the construction office.
Assurance and use of unbuilt land
(1) The construction office may order the implementation of successive and continuous modifications of the territory in which the land (landscape) has been damaged or the built-up area in which a large proportion of the buildings do not meet the requirements of the construction of the municipality (municipality). Such adjustments shall comply with the territorial plan.
(2) The construction office may also order modifications to individual buildings or land or minor changes to the boundaries of the built-up land in relation to the unbuilt part of the neighbouring land or the establishment of material burdens (minor rendering) to remove building, health, communication or economic defects. The implementation of small rendering by agreement is permitted only with permission of the building office.
(1) The cost of adjustments related to the rendering of the landscape or the municipality is borne by the State. The construction office may impose on persons benefiting from the adjustment a reasonable contribution. Where there is a need for modification or failure to act, the construction office shall impose the payment of all or part of the costs on persons whose activities or omissions have arisen; lay down conditions for payment at the same time. The costs of small-scale rendering shall be borne by the person whose activity or omission of the obligation to adjust or in the interest of whom the rendering is carried out.
(2) Special regulations apply to the disposal and settlement of damage caused by the operation of state socialist sector enterprises subject to the Mining Act.
(1) Unbuilt land in municipalities may, if strictly necessary from economic or other general interests, order the organisation of the socialist sector to be used temporarily at its request and determine its method and duration. To this end, the construction office may revoke or change the rental or other rights of use.
(2) The terms of use of the land shall be agreed by a new user with the owner within the time limit specified by the construction office. If no agreement is reached within the specified time limit, the construction office shall decide upon the request of the owner or new user.
(3) The new user will provide the original user with compensation for the material damage suffered by the land's order temporarily. If no agreement is reached, the construction office shall, at the request of the original user, determine the amount and method of compensation for the property damage.
(4) Paragraph 25 of Decree No. 50 / 1955 Coll., on certain measures to ensure agricultural production, remains unaffected.
Expropriation
(1) If this requires the performance of the tasks set out in the State Plan for the Development of the National Economy, the construction or use thereof, or the rendering thereof, the necessary property or rights may be expropriated. In the absence of expropriation for the purpose of carrying out the tasks set out in the national plan for the development of the national economy, the property or rights to be expropriated may be expropriated only if the interest in the implementation or use of the construction or the rendering of the other legitimate interest of the existing owner or another creditor outweighs.
(2) Expropriation may be effected only if the purpose of the expropriation cannot be otherwise achieved and if it is not possible to obtain property or rights by agreement. Expropriation must be consistent with the objectives and objectives of the zoning plan and can be carried out only to the extent necessary and the least limitation of third parties' rights.
(3) Expropriation may be achieved in order to suffer from measures which restrict the exercise of property rights in real estate or other rights in rem, the establishment of property rights in rem, the transfer of property rights to real estate or the assignment, restriction or revocation of other rights in rem.
(4) The transfer of ownership rights to the property by expropriation shall cease to exist for all third parties, unless the expropriation decision provides otherwise.
(1) Compensation for expropriation shall be granted by the person for whose benefit the expropriation has been carried out.
(2) Where personal property or agricultural land is the subject of expropriation, the construction office may, at the request of the expropriated office or on the request of the expropriator, grant compensation in other appropriate immovable property or in the means of construction.
(1) Expropriation and compensation for expropriation are decided by the construction office.
(2) If the expropriated expropriator fails to demonstrate that the third parties to whom the rights are due under the land register or other documents submitted in the expropriation proceedings and the authorities responsible for collecting the State revenue agree to pay the compensation to the expropriated person, the expropriator shall pay compensation in the court in whose perimeter the property lies. The Court of First Instance shall set out the amount to be lodged in accordance with the rules on the nature of the procedure.
(1) If the expropriator or his successor in title has not started to use the expropriated property or rights for the purpose for which the expropriation was carried out within a specified period, but no later than two years after the expropriation decision has been issued, he may, at the request of the expropriated or his successor in title, be wholly or partly revoked. The request must be lodged no later than three months after the expiry of those time limits. The application shall be decided by the authority which issued the expropriation decision in the first chair.
(2) If the expropriation decision has been annulled in whole or in part, the expropriator shall be entitled to repayment of the refund granted or of the proportional part thereof, together with its benefits and to recovery of the damage suffered.
(3) The court shall decide on the right to reimbursement of the compensation granted with the benefit of it and on the right to compensation for the damage suffered and the amount thereof.
The construction office may decide that the necessary preparatory work may be carried out on the real estate before it is expropriated, at the same time setting out the scope of the national economic development plan. The provisions in force on expropriation shall apply mutatis mutandis to the refund for the provisional use of the property and to compensation for the damage suffered.
Specific provisions
(1) Military management may designate areas of interest in defence of the State in which decisions on the admissibility of the construction can be taken only in agreement with the military administration. The military administration may also give its consent to the fulfilment of specific conditions for the implementation and use of buildings.
(2) Military management may also apply specific requirements for building modifications to buildings already set up or reserve prior approval for construction modifications; the cost of adjustments made to the special requirement of military administration shall be borne by that administration.
(1) For buildings carried out for defence purposes of the State, for residential buildings in a closed territory reserved for the armed forces, for buildings built within closed buildings and equipment of the armed forces or for other buildings of particular State interest, the Minister, in agreement with the Minister of National Defence or the Minister of Interior, may delegate the authority of the building authorities to the authorities of the Ministry of National Defence or the Ministry of Interior.
(2) In specific cases, the Minister may delegate the authority of the building office to the management body of the Regional National Committee in agreement with the relevant Minister.
(1) The provisions of the Regulations on connections, on water management, on measures for the harmless seduction of mountain waters, on runways and on aviation, governing the authorisation, implementation, maintenance and use of structures, remain unaffected; However, decisions on the admissibility of the construction can only be taken with the consent of the building office (Section 9).
(2) The scope of the construction offices does not apply to mining works, mining structures under the surface and to coal quarries and shelters.
(1) If the management and decision-making under this Act concerns building monuments or their environment or protected parts of nature, the construction office shall decide or take measures only with the consent of the competent authority of the State Heritage Care or State Protection of Nature. The consent may be subject to compliance with the conditions laid down in the regulations on national conservation and conservation of nature.
(2) Without prejudice to the provisions of the special rules under which construction offices are required to carry out construction procedures in cooperation with other bodies.
Information, advertising and similar facilities can be placed in places visible from public spaces only with the permission of the building office.
Common provisions
(1) In carrying out the tasks under this law, persons who are declared by the permit of the construction office shall be entitled to enter the buildings or, where appropriate, the construction sites and land and to conduct field inspections, measurements, surveys and surveillance. The provisions of the special provisions under which entry is still subject to special authorisation remain unaffected.
(2) Persons authorised under paragraph 1 shall ensure that their work does not cause any damage which may be prevented and shall also be obliged to remain silent against unauthorised persons about the facts which they have learned in their work. Compensation for damage caused by the activities of such persons shall be granted by the authority which sent them. If no agreement on the amount of damage is reached, the construction office shall decide on it.
With the exception of the expropriation provisions (Section V), the provisions of this Owner Act also apply to the users of the construction to which the construction was ordered to be used under Government Decree No. 50 / 1955 Coll., on certain measures to ensure agricultural production.
Transitional and final provisions
For buildings which have been carried out without the necessary trade licence before the entry into force of this Act, this permit is replaced by a permit to put them into permanent operation (use).
(1) The Minister of State for Construction, in agreement with the Ministers concerned, will issue implementing provisions for this Act, in which he also sets out the scope of the documentation submitted to the construction authorities for their decision-making and, if the method of documentation is not adapted by specific rules, he will also determine its method.
(2) The Minister, President of the State Building Committee, is hereby authorised to:
(a) issue general construction technical regulations for construction, unless modified by technical standards;
(b) establish the amount of compensation for the expropriation of real estate and rights and for the prior use of real estate, or, where appropriate, the principles for its designation by the construction office; the validity of such provisions may be extended to expropriation under specific rules in agreement with the ministers involved;
(c) provide for derogations from the provisions of this Act for certain constructions and derogations from the general rules on administrative procedures required for the purposes of this Act.
(1) The following provisions are deleted:
(a) § 9 to 14, 20, 23, 26 to 29 of Act No. 280 / 1949 Coll., on Urban Planning and the Construction of Municipality,
(b) § 9, 16 to 32, 40 to 46 and 50 to 53 of Decree No. 93 / 1950 Coll., on the construction of municipalities,
(c) § 25 to 35 of the patent No 227 / 1859 of the Commercial Code,
(d) § 40 to 50 of the Commercial Act No. 259 / 1924 Coll.,
and any provisions issued under them. However, the regulations issued pursuant to § 13 (2) of Act No. 280 / 1949 Coll., on the planning and construction of municipalities designated by certain local national committees as building offices of the first storehouse remain in force until they are amended by measures of the Regional National Committees under § 9 (2) (a) of this Act.
(2) Pending the adoption of the implementing provisions referred to in Article 31, the existing implementing rules may be followed if they do not contravene this law.
(3) Where legislation issued before the entry into force of this Act is invoked by the provisions repealed pursuant to paragraph 1, it shall be understood as the provisions of this Act and those issued under it.
This Law shall take effect from 1 January 1959; It shall be implemented by the Minister, in agreement with participating members of the Government, as Chairman of the State Building Committee.
Novotný v. r.
Fierlinger v. r.
Broad v. r.
Dr. Nove v. r.
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Regulation Information
| Citation | Act No. 87 / 1958 Coll., on Construction Regulations |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.12.1958 |
|---|---|
| Effective from | 01.01.1959 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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