Decree No. 89 / 1976 Coll.
Decree of the Federal Ministry of Technical and Investment Development on the authorisation of engineering activities under construction
Valid
Effective from 01.10.1976
89
DECLARATION
Federal Ministry of Technical and Investment Development
of 26 July 1976
on the authorisation of engineering activities under construction
The Federal Ministry of Technical and Investment Development provides pursuant to Section 143 (1) (l) of Act No. 50 / 1976 Coll. on Territorial Planning and Construction Regulations (Construction Act) in agreement with the Ministry of Construction and Technology of the Czech Socialist Republic and the Ministry of Construction and Technology of the Slovak Socialist Republic:
Basic provisions
(1) Engineering activities in construction within the meaning of Article 43 of the Act (hereinafter referred to as engineering activities) consist of the provision of matters, or of the execution of certain other works and performances (1) for investors to ensure the preparation and implementation of construction. This activity shall include:
(a) technical assistance to an investor whose content is listed in Part A of the Annex;
(b) the investor's engineering activity, the content of which is set out in Part B of the Annex.
(2) Engineering may be carried out by an organisation only on the basis and within the scope of an authorisation for an engineering activity (hereinafter referred to as "authorisation").
(3) Authorisations do not need:
(a) organisations whose main activity is project activity (project organisation) to carry out the technical assistance referred to in Part A, Nos 1 to 8 of the Annex;
(b) housing cooperatives and family houses cooperatives to carry out engineering activities for national committees in connection with the provision of civil engineering networks belonging to the cooperative's own building;
(c) organisations which carry out certain activities listed in the Annex on an occasional, isolated and short-term basis.
Authorisation for engineering activities
(1) The authority responsible for granting authorisation (2) may grant authorisation only to the following organisations:
(a) organisations whose main activity is engineering,
(b) to other organisations only if a separate unit or other appropriate organisational conditions are established for their engineering activities.
(2) Authorisations may be granted only to an organisation where they are presumed to comply with or fulfil the following conditions within a specified period:
(a) be competent, within the scope of the required authorisation, to provide professional training for its own staff to carry out engineering activities in accordance with the relevant legislation, including technical standards;
(b) employ in the management and other professional functions personnel with the necessary qualifications, as laid down in the relevant wage and, where appropriate, other rules;
(c) of the total number of workers, at least 10% have higher education and at least 5 years of experience in investment construction, and 10% have full secondary vocational training and at least 10 years of experience in investment construction.
(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.
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 technical training (specialisation) of engineering activities according to the type of construction or work for which it requests authorisation;
(c) the name of the management organisation and its representatives; for organisations with a principal activity other than engineering, the name of the head of the engineering department or, where applicable, of the worker responsible for the engineering activity;
(d) the estimated number of total workers) and broken down by their professional focus, 4)
(e) the required start-up date;
(f) how it fulfils the conditions set out in Paragraph 2 (2).
(2) 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 ("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 ensuring the early preparation and smooth implementation of the buildings included in the State Investment Construction Plan.
(3) The authorisation decision shall define its material scope (e.g. for the type of construction to be designated) or limit the volume of engineering work for the individual construction (contract).
(4) The authority which granted the authorisation will send a copy to the competent statistical authority and the Federal Ministry for Technical and Investment Development. If the authority of the Republic grants authorisation, it shall also send a copy to the Ministry of Construction and Technology of the Republic.
(5) 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.
(6) An organisation which is a supplier of construction works, construction part, assembly of machinery and equipment, assembled machinery, equipment or structures, by assembly, may not carry out any engineering activity for such construction which would concern its supply, even if it has been authorised under § 2.
Obligations of the organisation
The organisation shall comply with the conditions under which the authorisation has been granted and notify the authorities responsible for granting 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 the organisation does not comply with these conditions, or if there are other serious reasons for doing so, it may provide for other conditions or authorisations to amend, restrict or withdraw, as appropriate. It shall act mutatis mutandis in accordance with Article 3 (2).
(2) Changes, limitations and withdrawal of authorisations shall be notified mutatis mutandis to the granting of authorisations (Section 3 (4)).
(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 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 and 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.
Transitional and final provisions
(1) An organisation which carries out the engineering activity referred to in Section 1 and intends to continue that activity shall submit an application for authorisation pursuant to Section 3 (1) at the latest three months after the entry into force of this Decree. If the organisation does not submit an application for authorisation within that period, it may not undertake further engineering activities after that period.
(2) Uncompleted work and the performance of an engineering activity for which the economic contracts have been concluded before the expiry of the period referred to in paragraph 1 and, where appropriate, before the date of application, may be completed in accordance with the contracts concluded, unless otherwise decided by the authority responsible for granting the authorisation.
(3) Exemptions from the provisions of this Order are permitted, on a proposal from the authority responsible for granting authorisation, if it is the Federal Authority, the Federal Ministry of Technical and Investment Development, if it is the Authority of the Republic, the Ministry of Construction and Technology of the Republic.
This decree shall take effect on 1 October 1976.
First Deputy Minister:
Gábel v. r.
Annex to Decree No 89 / 1976 Coll.
Content of engineering activities under construction
A. Content of technical assistance
1. assistance in the development and, where appropriate, comprehensive development of investment construction concepts, technical and economic studies of disciplines, counties and districts;
2. preparing documentation for the development of implementation programmes, national economic plans, schemes and lists of buildings;
3. assistance in the discussion of processed studies, programmes, schemes, lists of buildings, etc.,
4. drawing up expert opinions and opinions relating to the preparation and implementation of buildings,
5. security of supporting documents, cooperation or comprehensive development of investment projects according to construction documentation regulations 5) and investor orders,
6. security and, where appropriate, assistance in the development of studies of a set of buildings, stopping and volume studies,
7. security and, where appropriate, assistance in the preparation of project tasks for construction, including their discussion;
8. preparation of documentation for assessment and, where appropriate, carrying out state expertise or expert assessment of preparatory documentation;
9. preparation of materials for the registration of buildings during the period of preparation;
10. training of cadres,
11. security and processing of the organisation of administrative operations, maintenance, transport technology, etc.,
12. processing of reports of implementation of the construction plan and other necessary supporting documents for the purposes of state statistical reporting,
13. aid in putting new machines into test operation.
B. Contents of investor engineering activities
1. preparation of contracts for the preparation and delivery of project documentation for construction including necessary negotiations during processing and at the end of project documentation work;
2. preparing the necessary documentation for the assessment and, where appropriate, carrying out state expertise and approving project documentation;
3. preparing contracts for the preparation of supplies or cooperation contracts for project and organisational preparation of the construction,
4. preparing contracts to ensure narrow-profile supplies and products with long delivery times;
5. the preparation of contracts for the supply of the construction part (construction works), the supply of a set of machines and equipment, the supply of prefabricated machinery, equipment or structures, the supply of assembly, tools and inventory of the nature of the basic equipment;
6. ensuring the performance of the responsible geodesy,
7. discussion of construction with all competent authorities for the purpose of building permits,
8. preparation of technical and economic documentation for building authorisation management, building registration, etc.,
9. Organisational provision of conditions for the start of construction, e.g. acquisition of land and buildings by ransom (expropriation) or transfer of national property management, removal of construction sites, set-aside of agricultural land, etc.,
10. coordination of works and supplies between direct suppliers under the negotiated construction organisation plan;
11. the comprehensive performance of technical supervision, including the examination of the content of the building and assembly log, the implementation of the relevant records in the building diaries and cooperation with the author's supervision of the general designer and representatives of future users and operators;
12. control of the material and price correctness and completeness of the valuation documents, payment notes and invoices and their transfer to investors for liquidation;
13. cooperation in the acceptance of completed deliveries or parts thereof by suppliers by the investor (customer),
14. securing and participating in the investor's obligations in the individual and comprehensive examination of completed supplies within the meaning of Section 304 of the Economic Code;
15. organisational provision and evaluation of test operations and guarantee tests,
16. cooperation with the investor and with the user when the construction is put into service (use), in housewarming, including consultation with the competent authorities;
17. securing documentation of the actual implementation of the construction,
18. drawing up a report on the final technical and economic evaluation of the construction and preparing the necessary documentation for the evaluation procedure;
19. Application of obligations in connection with the pursuit of an investment engineering activity, including representation in disputes before economic arbitrage and, where appropriate, other competent authorities.
1) § 354, or 356 of the Economic Code.
2) Paragraph 43 of the Act.
3) For organisations with a main activity other than engineering, the estimated number of employees of a separate engineering unit shall be indicated.
4) Breakdown into designers building, architects, statics, electrical engineering, engineering, engineering, engineering, engineering, water management, medical technology, air conditioning, geodeses, geologists, budget, lawyers, economic, commercial, financial, etc.
5) Decree No. 163 / 1973 Coll., on documentation of buildings.
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Regulation Information
| Citation | Decree of the Federal Ministry of Technical and Investment Development No. 89 / 1976 Coll., on the authorisation of engineering activities under construction |
|---|---|
| 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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