Decree No. 88 / 1976 Coll.
Decree of the Federal Ministry of Technical and Investment Development on the authorisation of project activities
Valid
Effective from 01.10.1976
88
DECLARATION
Federal Ministry of Technical and Investment Development
of 26 July 1976
on the authorisation for project activities
The Federal Ministry of Technical and Investment Development provides pursuant to § 143 (1) (l) of Act No. 50 / 1976 Coll., on Territorial Planning and Construction Regulations (Construction Act), in agreement with the Federal Ministry of Labour and Social Affairs, the Ministry of Construction and Technology of the Czech Socialist Republic, the Ministry of Construction and Technology of the Slovak Socialist Republic and after consulting the Central Council of Trade Unions:
Basic provisions
(1) Project activities within the meaning of Section 43 of the Act are the processing of zoning materials, zoning documentation, 1) preparatory and project documentation of buildings which require building permits, 2) typology directives and typography.3)
(2) The project activity may be carried out by the organisation only on the basis and to the extent of a project authorisation granted ("authorisation '), a citizen only on the basis and extent of a permit issued by the construction office.
Authorisation for project activities of organisations
Authorisation for project activities
(1) The authority responsible for granting the authorisation (4) may authorise only the following organisations:
(a) organisations whose main activity is project activity (project organisation, services of main architects of national committees);
(b) universities or, where appropriate, secondary technical schools;
(c) other organisations only if a separate unit or other appropriate organisational assumptions are established for their project activities.
(2) An authorisation may be granted only to an organisation for which it is presumed to comply or to fulfil the following conditions within a specified period:
(a) be competent, within the limits of the required authorisation, to provide technical, economic and architectural solutions to the documentation referred to in Article 1 (1), in accordance with the relevant legislation, including technical standards, to its own staff;
(b) employ, in the management and other technical functions, personnel with the necessary qualifications, as laid down in the relevant wage and, where appropriate, other rules;
(c) employ at least 150 staff, if it is a project organisation.
(3) The authority competent to grant an authorisation may refuse authorisation even if the organisation demonstrates compliance with the assumptions set out in paragraph 2.
(4) The right does not need a builder (investor) to draw up preparatory documentation for the construction and repair of its own buildings or for the construction and repair of the buildings within the production unit of which it is part.
(5) The authorisation for project activities does not need a foreign organisation which will perform the function of general designer if it proves that it is entitled to design the building under the law applicable in the country of its registered office and undertakes to comply with the rules on building documentation 5) and other legislation including technical standards applicable in the Czechoslovak Socialist Republic.
Authorisation procedure
(1) The organisation shall submit an application to the authority responsible for granting the authorisation and, where appropriate, to amend it. The application shall specify:
(a) the name and address of the organisation;
(b) the professional focus (specialisation) of the project activity according to the type of construction or, where appropriate, the work for which it requests authorisation;
(c) the name of the head of the organisation and its representatives, for organisations with a main activity other than the project, the name of the head of the project department or, where applicable, of the worker responsible for the project activity;
(d) a list of senior technical staff, indicating their qualifications, experience and significant work of which they are processors;
(e) the planned number of staff of the project organisation in total and broken down by their professional focus, (6) for organisations with a main activity other than the project, the estimated number of staff of the separate project unit and, where appropriate, the number of staff who will deal with the project activity and their professional focus, (6)
(f) how it fulfils the conditions set out in Paragraph 2 (2) or, where appropriate, by when it fulfils those conditions;
(g) start-up date.
(2) An organisation with a principal activity other than a project may be authorised only to the following extent:
(a) a construction site (investor) 7) to prepare project documentation for the own investment construction and repair of its own buildings, or for the investment construction and repair of buildings within the production unit of which it is part;
(b) supplier organisation8) to develop parts of the initial projects for the general designer and implementation projects in the scope of its delivery, 9)
(c) a supplier organisation, which may be a general designer, (10) to prepare project documentation for construction works as defined in the project authorisation or specifically designated by the Federal Ministry for Technical and Investment Development;
(d) to other organisations, to the extent specified by the central authority competent to grant authorisation.
(3) The authority responsible for granting the authorisation, if it is a federal authority, will seek the opinion of the Federal Ministry of Technical and Investment Development, if it is the authority of the Republic, the opinion of the Ministry of Construction and Technology of the Czech Socialist Republic or of the Ministry of Construction and Technology of the Slovak Socialist Republic (hereinafter the "Ministry of Construction and Technology of the Republic") before the decision. The opinion shall assess the effectiveness of granting the requested authorisation in particular in terms of the use and development of project capacities and in terms of relations with the State project work plan.
(4) The decision granting the authorisation shall define its scope or limit the volume of project work for a single construction (contract) or the project activity shall be defined on an ad hoc basis in order to match the organisation's expertise.
(5) The authority which granted the authorisation shall send a copy thereof to the competent statistical authority and to the Federal Ministry for Technical and Investment Development. If the authority of the Republic has granted authorisation, it shall also send a copy to the Ministry of Construction and Technology of the Republic.
(6) The Federal Ministry of Technical and Investment Development and the Ministry of Construction and Technology of the Republic shall keep records of the authorisations issued by them and of the authorisations notified to them.
Obligations of the organisation
Organisations shall comply with the conditions under which the authorisation has been granted and notify the authorities responsible for the authorisation as well as the Federal Ministry for Technical and Investment Development and, where appropriate, the Ministry of Construction and Technology of the Republic of any changes to the specified conditions that occurred after the authorisation has been granted.
Amendments, limitations and withdrawal of authorisations
(1) The authority which granted the authorisation checks compliance with the conditions under which the authorisation was granted; If the organisation finds that it does not comply with these conditions or if there are other serious reasons for doing so, it may provide for additional conditions or authorisations to amend, restrict or withdraw, as appropriate. It shall act mutatis mutandis in accordance with Article 3 (3).
(2) Changes, restrictions and withdrawal of authorisations shall be notified mutatis mutandis to the granting of authorisations (Section 3 (5)).
(3) The Federal Ministry of Technical and Investment Development and the Ministry of Construction and Technology of the Republics may carry out checks on compliance with the conditions of authorisation, including those authorisations which have not been notified to them; the defects identified and the measures taken to remove them shall be discussed with the authority which granted the authorisation.
(4) Uncompleted works for which economic contracts have been concluded until such time as authorisations have been amended, restricted or withdrawn may be completed under such contracts, unless the authority responsible for granting authorisations decides otherwise.
Implementation of project activities
(1) The organisations authorised to carry out project activities are primarily employed workers. Exceptionally, to ensure urgent, exceptional or special part-project work that cannot be provided by workers in employment or with other approved organisations, organisations may also conclude work agreements outside the employment relationship (employment agreements or employment agreements) with designers on their implementation.
(2) An agreement on work outside the employment relationship (employment agreement or employment agreement) may be concluded by the organisation if the conditions laid down in Section 232 et seq. of the Labour Code are met and if the designer fulfils the qualification conditions laid down for the corresponding function in the wage provision. There is no need for authorisation pursuant to § 7 et seq. of this Order.
(3) For work carried out under an agreement on work outside the employment relationship, the designer shall be remunerated in accordance with the wage regulation applicable to the remuneration of the same or similar work in the employment relationship, unless the amount of remuneration is laid down in a special regulation.
Enabling project activities for citizens
Processing of project documentation for citizens
(1) Citizens as project planners may process project documentation intended for the purposes of the issue of a building permit, provided that they have been authorised under Paragraph 8 and that they are subject to construction:
(a) whose constructors are citizens if the expert estimate of the construction load does not exceed Kčs 500 000, -
(b) carried out by the National Committee on Civil Assistance if the cost of calculating the cost of construction 11) does not exceed 2 000 000;
(c) carried out by a building housing cooperative or, where appropriate, by a family house building cooperative, provided that the budget cost of construction (11) does not exceed Kčs 500 000, -. If the project documentation for the housing construction of a building housing cooperative or a cooperative for the construction of family houses is processed by its member or by several individual designers, at least one of whom is a member of that cooperative and the construction is designed to address the need for housing for this member of the cooperative, this border of Kčs is 4 000 000, -.
(2) If the builder is a citizen, he concludes a civil assistance agreement with the designer. 12) If an organisation is a builder, the individual concludes an agreement with the designer on work outside the employment relationship (employment agreement or employment agreement) under the conditions laid down in Sections 232 to 238 of the Labour Code. At the request of the builder, the individual is obliged to undertake at the same time to perform the copyright supervision. 13)
(3) If several individual designers are to work on the project documentation, the builder shall conclude a civil assistance agreement with each of them or, where appropriate, an agreement on work outside the employment relationship and shall negotiate arrangements with one of them within the framework of this agreement or agreement on the coordination of the work of the participating projects. Each of these individual designers must have a separate permit under Section 8.
(1) The permit for the processing of project documentation (hereinafter referred to as "permit") is always issued to the designer by the construction office responsible for issuing the building permit for the construction site at his request. 14) The applicant shall indicate in the application how many permits and in what costs of the proposed buildings he has received during the calendar year (Section 9).
(2) The condition for issuing a permit is that the designer individual
(a) has a university education in the relevant direction and at least 5 years of professional experience requiring knowledge of the design of the relevant direction, or has a full secondary vocational education in the relevant direction and at least 10 years of experience requiring knowledge of the design of the relevant direction; the permit may exceptionally be given to a designer who has a lower vocational education, at least 12 years of experience and whose work results are consistently of high standards;
(b) he shall be employed in a full-time employment contract and shall have the prior written agreement of the organisation for which the employment contract is maintained to carry out the work referred to in paragraph 1. The organisation may give consent to carry out the work only to the worker it considers competent to carry out the work; consent can only be given to the extent of work that the designer is able to manage himself due to his qualifications. The condition of employment in employment is not required for pensioners and women who are permanently caring for a child of pre-school age.
(3) An individual may draw up project documentation for his own construction only if he meets the conditions set out in paragraph 2 (a) and is authorised.
(4) The construction office shall not issue a permit if it is known that the applicant's current performance in the design does not provide a guarantee of the required quality of the work, or if the individual would exceed the amount set out in Section 9, or if the processing of the project documentation by the designer is not justified by the social needs.
(5) For the issue of the permit, the designer pays the individual building office a fee according to the regulations on administrative fees.
(6) The same copy of the permit shall be sent by the building office to the competent financial administration and, for the purposes of registration, to the district (district) national committee responsible for the place of residence of the individual designer.
Maximum number of authorisations
During the calendar year, the project designer can only be granted so much permission that the sum of the prices of the project documentation processed by him does not exceed a total of KČs 50 000, -.
Assessment of project documentation
(1) If it is a construction where more complex territorial or architectural conditions need to be addressed, or a building of special social importance, the construction office may, when granting the permit, provide that the project documentation must be assessed before it is passed on to the builder as to how these conditions or importance meet.
(2) The assessment referred to in paragraph 1 shall be requested by the designer of the project organisation responsible for the construction site or type of construction, as appropriate by the construction office.
(3) An individual shall pay 10% of the price of the project documentation calculated in accordance with Article 11 (2) for the assessment.
Registration of authorisations issued
The building authorities shall keep a register of permits issued to the projects to individuals (Section 8).
Transitional and final provisions
(1) An organisation which has been granted an authorisation under the existing rules is required to notify the authorities responsible for granting the authorisation within three months of the date of application of this decree, to the extent that they comply with the conditions of that order. If the organisation does not submit such notification within that period, it may not undertake further project activities after the deadline.
(2) The authorities referred to in paragraph 1 shall review the notification submitted and decide whether the authorisation will be maintained, amended or withdrawn.
(3) Uncompleted works for which economic contracts have been concluded before the expiry of the time limit referred to in paragraph 1 and, where appropriate, before the review of the notification, may be completed in accordance with the contracts concluded, unless otherwise decided by the competent authority.
Exemptions from the provisions of this Order are permitted, on a proposal from the authority responsible for granting the authorisation, if it is the Federal Authority, the Federal Ministry of Technical and Investment Development, if it is the Authority of the Republic or if it is the individual design, the Ministry of Construction and Technology of the Republic.
This decree shall take effect on 1 October 1976.
First Deputy Minister:
Gábel v. r.
1) Sections 3 and 8 of the Act.
2) Paragraph 55 (1) of the Act, Decree No. 163 / 1973 Coll., on documentation of buildings, and Decree No. 79 / 1973 Coll., on experimental verification under construction.
3) Decree No. 75 / 1971 Coll., on typing under construction.
4) Article 43 of the Act.
5) Decree No. 163 / 1973 Coll.
6) Breakdown into urbanists, architects, planners of ground buildings, engineering constructions, water-based structures, medical engineering, electrical engineering, engineering, engineering, geodesy, geologists, budgets etc.
7) § 3 (2) of Decree No. 163 / 1973 Coll.
8) § 3 (3) of Decree No. 163 / 1973 Coll.
9) Paragraph 26 (2) and (3) of Decree No. 163 / 1973 Coll.
10) § 3 (5) of Decree No. 163 / 1973 Coll.
11) Article 45 of Decree No. 163 / 1973 Coll. - Title II to VIII. calculation.
12) § 384 and other Civil Code.
13) Similarly according to § 68 of Decree No. 163 / 1973 Coll. mutatis mutandis to the scope of the construction.
14) Paragraph 140 of the Act.
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Regulation Information
| Citation | Decree of the Federal Ministry of Technical and Investment Development No. 88 / 1976 Coll., on the Authorisation for Project Activities |
|---|---|
| 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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