Decree of the Federal Ministry of Technical and Investment Development and the State Arbitration of the Czechoslovak Socialist Republic No. 91 / 1972 Coll.
Decree of the Federal Ministry of Technical and Investment Development and the State Arbitration of the Czechoslovak Socialist Republic on the standards of construction deadlines
Valid
Effective from 01.01.1973
Contents
91
DECLARATION
Federal Ministry of Technical and Investment Development and State Arbitration of the Czechoslovak Socialist Republic
of 31 October 1972
on standards of construction deadlines
The Federal Ministry of Technical and Investment Development and the State Arbitration of the Czechoslovak Socialist Republic provides in an agreement with the State Planning Commission pursuant to § 53 (b) of Act No. 133 / 1970 Coll., on the jurisdiction of federal ministries, and pursuant to § 395 (a) of Economic Code No. 109 / 1964 Coll. as amended:
Preliminary provisions
Purpose of the Order
(1) This decree forms part of the measure to reduce construction deadlines and reduce construction in investment construction.
(2) This decree
(a) establish the method for determining the construction deadlines and their application in the preparation and implementation of the buildings;
(b) supplement the provisions of § 8 of Decree No. 17 / 1970 Coll., on the granting of consent to the launch of buildings.
Scope
The decree applies to all buildings subject to registration rules *) (except for the construction of the Z and self-help cooperative housing) whose project documentation (project at the stage of the comprehensive project solution) will be approved after the effective date of the decree.
Construction period
(1) The construction period is the duration of construction on the construction site from the beginning of construction to completion; the period is determined in months.
(2) The construction is started on the date on which the first work according to the project is marked in the building log * *).
(3) The construction is completed if all the objects and operating files listed in the approved project documentation are completed and this is demonstrated by the Protocol on the taking over of the last delivery (its last part) or, where appropriate, by a decision of the economic arbitrage authority. * * *)
Determination of construction deadline
Determination of the deadline for construction by the Government
If the construction period or construction dates have been established by the Government, that period or those dates shall be taken into the project task as well. In that case, only the implementation of the construction shall be determined in the manner set out in Part 3 of the Binding Guidelines on this Order (hereinafter referred to as "the Guidelines'), †) or any other exact method, if agreed upon by the construction participants.
Determination of the standard construction deadline
(1) The standard construction period is determined on the basis of the sectoral and construction technical classification of the construction as set out in Part 1 of the Guidelines on the budgetary costs of the construction included in the investment plan (Title II to VIII, column f + g of the financial calculation and general budget of the construction); For constructions for a budget cost of 500 million CZK, the standard time limits are calculated (based on the parameters in Part 1 of the Guidelines) in Part 2 of the Guidelines.
(2) When constructions for which a group (column 1 of Part 1 of the Guidelines) does not provide for a calculation coefficient for the standard construction period, the construction period shall be determined by the central investor authority.
(3) For constructions with a budget load lower than the lower limit of the standard interval (column 5 in Part 1 of the Guidelines), the construction period shall be derived so that it does not exceed the standard time limit for the lower limit of the interval.
(4) For buildings on budget cargo exceeding twice the upper limit of the standard interval (column 5 in Part 1 of the Guidelines), as well as for all buildings whose budget cost exceeds 500 million CZK, and for buildings imposed as a binding task of the state plan (except for complex housing construction), the construction period shall be derived as specified in Part 3 of the Guidelines (critical travel method); the time limit so determined may not exceed the standard derived from Part 1 of the Guidelines.
Integration of the construction period into the project task and project
The construction period determined in accordance with Sections 4 and 5 shall be part of the project task of the construction schedule, of the project (at the stage of the overall project solution) as part of the construction organisation plan; in its construction schedule, this time limit shall be distributed over objects and operating files.
Reducing the standard construction deadline
(1) By agreement of the parties, any construction may be subject to a shorter period than the standard construction period derived under Paragraph 5 (1).
(2) The reduction of the construction period against the standard construction period derived pursuant to Article 5 (1) shall be compulsory in the case where the percentage of total load expressed as a percentage of the construction works is less than 10% of the indicative share referred to in column 4 of Part 1 of the Guidelines. the reduction rate will be agreed by the project task processor or construction project with the relevant suppliers.
Extension of the standard construction deadline
(1) The extension of the construction period against the standard construction period derived pursuant to Article 5 (1) is possible only,
(a) where specific provisions permit this where technically necessary;
(b) where the consent referred to in paragraph 2 is given in the following cases:
1. if the construction has the character of reconstruction,
2. if the percentage of total load, expressed as a percentage of works, is more than 10% higher than the indicative percentage indicated in column 4 of Part 1 of the Guidelines,
3. if technically necessary in an exceptional case.
(2) The extension of the construction period referred to in paragraph 1 (b) may give consent to:
(a) the central investor authority;
1. where the case referred to in paragraph 1 (b) (1) and the extension does not exceed 30% of the standard construction period,
2. where the case referred to in paragraph 1 (b) (2) and the extension does not exceed 20% of the standard construction period;
(b) in other cases, the central investor authority in agreement with the Federal Ministry of Technical and Investment Development or with the Ministry of Construction and Technology of the Czech Republic or the Ministry of Construction and Technology of the SSR (according to the jurisdiction of the central investor authority), in binding tasks and centrally assessed constructions also in agreement with the relevant planning committee.
Application of the construction deadline
Binding of construction deadlines
(1) In the processing, assessment, state expertise and approval of preparatory documentation, the proposed and approved deadlines must be in accordance with Sections 4 to 8.
(2) In drawing up the construction organisation plan for the construction project, the general designer must comply with the construction deadline laid down in the approved project task. If, after the project task has been approved, the criteria for setting the construction deadline are changed by showing a period shorter than that indicated in the project task, this shortening must be reflected in the construction organisation plan of the project and the project task adjusted accordingly.
(3) The investor is obliged to apply the construction deadlines laid down in this Decree in all negotiations on the documentation of the construction works with the other participants in the construction and when concluding economic contracts.
(4) The organisation may not agree on deadlines or delivery deadlines when discussing the construction organisation plan which do not provide for the construction deadline laid down in this Decree; the time limits and dates agreed in the construction organisation plan and corresponding to this decree shall be taken over by the organisation in economic contracts.
(5) If, when discussing the construction organisation plan between construction participants, there is no agreement on the construction timetable in accordance with the construction deadline laid down in § 5 (where applicable also § 7 and 8), the discrepancies in constructions imposed as a binding task of the state plan shall be resolved in accordance with the procedure laid down in FMTIR Directive No 1 / 1971 on construction modes. Other buildings may not be started in such a case.
Changes to construction period
(1) The extension of the construction period during construction can only be approved by repeating the assessment and approval procedure in accordance with the procedure laid down in the specific regulations. *) Paragraph 8 also applies to repeated assessment and approval procedures.
(2) In constructions whose time limit has been set by the Government (Section 4), approval of the extension of the time limit is also subject to the approval of the competent government.
Addition of the provisions of § 8 of Decree No. 17 / 1970 Coll.
Paragraph 8 (3) of Decree No 17 / 1970 Coll. shall be supplemented by the second sentence as follows:
The opening of the construction may not be allowed even if the delivery periods agreed in the economic contracts do not provide for the construction period laid down in this Decree.
Final provisions
Dispute resolution
In cases of dispute, the Federal Ministry of Technical and Investment Development or the Ministry of Construction and Technology of the CSSR or the Ministry of Construction and Technology of the SSR (according to the jurisdiction of the Central Authority) shall decide how to set the construction deadline at the request of the central authority concerned.
Transitional measures
(1) In the construction works covered by this Decree, the project tasks approved in accordance with the rules on the construction deadlines in force at the time of their approval, which took place prior to the implementation of the decree, need not be changed if the construction period set out in the project (at the stage of the general project solution) under this decree is shorter than that in the project task. In these cases also the provision of § 4 (2) of Decree No 7 / 1971 Coll., on the registration of buildings shall not apply.
(2) The construction works to be started under the schedule of the State Plan in 1973 and the construction organisation plan of the project (at the stage of the global project solution) have already been discussed without contradiction before the Decree became effective in accordance with the guidelines of the Federal Ministry for Technical and Investment Development No 5 / 1971 on construction deadlines can be implemented within the construction deadlines thus discussed.
Procedure for built-in constructions
According to the provisions of this decree, it is also possible to proceed when an extension of the construction deadline is required for construction works whose project documentation has been approved before the decree is effective.
Efficiency of the Order
(1) The Decree shall take effect on 1 January 1973.
(2) Directive No 5 / 1971 of the Federal Ministry for Technical and Investment Development on construction time limits shall be repealed on the date of application of the Decree, with the effect that the modifications to the project documentation made under the transitional and final provisions of Article 8 of those Directives remain in force.
ČSSR main arbiter:
Brandeys v. r.
Minister for Technical and Investment Development:
Ing.
*) Decree FVTIR and MVT ČSR and MVT SSR No. 17 / 1970 Coll., on the granting of consent to the launch of buildings, and Decree FMTIR No. 7 / 1971 Coll., on the registration of buildings.
* *) § 41 of SKT Decree No. 107 / 1966 Coll., on documentation of buildings; Methodological guidance of the FMTIR of 28.8.1971 for the management of the building diary and assembly journal, published in the FMTIR Report No 7 / 1971 and registered in the amount of 36 / 1971 Coll.
* * *) § 292 of the Economic Code.
†) The binding guidelines on Decree No. 91 / 1972 Coll., on the standards of construction deadlines, are published in an amount of 6 The Federal Ministry of Technical and Investment Development and the Ministry of Construction and Technology of the Czech Republic and the SSR, which can be ordered at the Postal Newspaper Service, Prague 2, Štěpánská 27.
*) Paragraph 14 (2) of the FMTIR Directives No 4 / 1971 on assessment, state expertise and approval of building preparation and project documentation published in the Report of the FMTIR and MVT ČSR and MVT SSR, amount 3 / 1971, registered in the amount of 28 / 1971 Coll.
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Regulation Information
| Citation | Decree of the Federal Ministry of Technical and Investment Development and the State Arbitration of the Czechoslovak Socialist Republic No. 91 / 1972 Coll., on standards of construction deadlines |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 04.12.1972 |
|---|---|
| Effective from | 01.01.1973 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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