183/2006 Sb.
LAW
of 14 June. March 2006
on the territorial planning and building regulations
(the building Act)
Change: 68/2007 Sb.
Change: 191/2008 Sb.
Change: 223/2009 Sb.
Change: 345/2009 Sb.
Change: 379/2009 Sb.
Change: 227/2009 Sb.
Change: 424/2010 Sb.
Change: 281/2009 Sb.
Change: 420/2011 Sb.
Change: 142/2012 Coll. 167/2012 Sb.
Change: 350/2012 Sb.
Change: 257/13 Sb.
Change: 39/2015 Sb.
Parliament has passed the following Act of the Czech Republic:
PART THE FIRST
INTRODUCTORY PROVISIONS
§ 1
The subject of the edit
(1) this Act regulates matters of land-use planning, in particular, the objectives and the
the tasks of spatial planning, land use planning authorities, System Tools
land-use planning, environmental impact assessment on sustainable development of the territory,
decision making in the territory, the merge options to the procedures under this Act with the
procedures for assessing the environmental effects of projects on the environment, the conditions for
the construction, the development of the territory and for the preparation of public infrastructure, the registration
planning of activities and the qualifying requirements for the planning
activity.
(2) this Act regulates matters of building regulations, in particular the authorisation
structures and their changes, terrain editing, and device usage and
removal of buildings, supervision and the special powers of the Building Authority,
the status and privileges of authorized inspectors, system construction
authorities, obligations and liability of persons during the preparation and execution of works.
(3) This Act regulates the conditions for the project activity, and
construction, General requirements for the construction, the purpose of the expropriation,
inputs to the land and buildings, the protection of public interests and some other
things related to the subject of this legislation.
§ 2
The basic concepts
(1) in this Act, means the
and the change in the territory change) its use or configuration,
including the placement of structures and their changes
(b)) building land plot, its part or the file of land, as defined
and intended for the location of the construction planning or regulatory plan
(c) building land built-up land) registered in cadastre
real estate as a building plot and other land parcels usually
under a common fencing, forming a coherent whole, with residential and
economic buildings
(d) the built-up territory defined territory) land use plan or procedure referred to in
of this law; If the municipality does not have the following defined built-up territory, is
built-up territory of the built-up part of the defined to 1. September 1966 and
noted in the register of real estate maps (hereinafter referred to as "intravilán"),
(e) land parcel, unstoppable, too) that cannot be zastavět on the territory of the municipality,
that is not issued by a territorial plan, and it
1. land and public Green Park ^ 1) general use;
2. ranked forest land forest land or adjacent file
with an area of more than 0.5 ha,
(f)) nezastavěným the territory of the land not included in the developed territory or to
zastavitelné area
g) flat part of the territory made up of one or more parcels or parts thereof,
which is defined in the policy of territorial development, urban policy
development or land use plan, where appropriate, in the planning documents with
regard to the existing or the method of its use and its
the importance,
h) flat, where appropriate, of the importance of the nadmístního area, which
the meaning, scope or use will affect the territory of the municipalities,
where appropriate, the territory of several counties; in the case of the city of Prague for the desktop
nadmístního the importance of the area of the city-wide importance, deemed
even the area defined for the lane), the location of the transport management and technical
infrastructure or nestavební the nature of the measures,
j) zastavitelnou flat area as defined in the land use plan to the development activities in the
or in policy development,
to public infrastructure, land) the construction, equipment, and
1. transport infrastructure, such as road construction,
railways, waterways, airports and related facilities;
2. the technical infrastructure, which are leadership and buildings and with them
operationally related equipment, technical equipment, such as water supply,
water reservoirs, sewage, sewage treatment plants, construction for the reduction of
the threat to the territory of natural or other disasters, construction and equipment for the
waste management, energy management, distribution, communication
management of public communications networks and electronic communications equipment
public communications networks, pipelines;
3. civic amenities, which are buildings, facilities and land used
for example, for education and training, social services and care of the family,
health services, culture, public administration, protection of the population; 4.
public space on ^ 1),
or that are used in the public interest,
l) in the public interest by building construction for public infrastructure intended
to the development or the protection of the territory of the municipality, County or State, as defined in
territorial planning documentation,
m) in spite of the measures publicly nestavební the nature of the measures used to
reduction of threats to the territory and to the development of, or for the protection of the natural,
the cultural and archaeological heritage, as defined in the release planning
planning documentation,
n) territorial planning documentation
1. spatial development policy;
2. the territorial plan;
3. the regulatory plan.
(2) in this Act means
and by the competent municipal office), regional office, Ministry of
local development (hereinafter referred to as "the Ministry") or the Ministry of defence, which
takes planning documents, planning documentation
definition of the developed territory or spatial development policy,
(b)) a person entitled to a building contractor construction or
installation work as the subject of its activities under the special law
the laws of the ^ 2)
(c)), the person who for the builders themselves asking the building permit
or Announces construction, landscaping or equipment, as well as
her successor, and the person that the construction, terrain modification or
the device shall, if this is not a construction entrepreneur of
construction in the course of its business; builders are also
Investor and client of the construction,
(d) construction supervision) technical supervision of the execution of the construction of real estate
exercised by a person who has a college degree in civil or
the architectural direction or secondary education building direction with
GCSE and at least 3 years experience in construction,
(e)) the General requirements for the construction of the General requirements for the use of the territory and the
the technical requirements of the building provided for implementing legislation and
on general technical requirements for secure use of the buildings people
advanced age, pregnant women, persons of their child in the
the stroller, the child within three years, or persons with mental disabilities or
persons with reduced mobility or orientation laid down
the implementing legislation (hereinafter referred to as "barrier-free use of the building").
(3) Construction means all building works, which arise from the construction
or mounting technology, without losing sight of their engineering
implementation, used building products, materials, and construction, on purpose
use and duration. The temporary structure is the construction for which the construction authority
limits the duration in advance. Under construction is also considered a product
filling the function of the building. The building, which is used in advertising, is building a
for advertising.
(4) in this Act uses the concept of construction, means by
the circumstances of its part or change the finished works.
(5) the change of the construction is completed
and the body) structure increases
(b)), which is the construction of the extension to the ground expands and that is mutually
operationally linked to the existing building,
(c)), in which building modification is maintained outside of the ground plan and height
border constructions; for building the adjustment is considered also the thermal insulation shell
the construction.
(6) construction before completing the change means changing the implementation
construction versus its permit or documentation of the building certified construction
by the Office, or by an authorized inspector.
(7) the Built-up land area is the sum of all the built-up areas
each of the buildings. The built-up area of the building means the area
enclosed by the rectangular projections of the outer contour of the circuit structure
all aerial and ground floor to a horizontal plane. Desktop
balcony and dormers will be included. Poloodkrytých objects (without some
exterior walls) is built-up area defined by the packaging lines passing
external front vertical structures in the horizontal plane. For covered
buildings or their parts without exterior vertical structures is
built-up area defined by a rectangular projection of the roof structure to the
the horizontal plane.
§ 3
(1) Off editing for the purposes of this Act, means the earthworks and
the terrain changes, which significantly changes the appearance of the environment or the drain
ratios, mining and similar and related work, unless it is
the mining activity or activities carried out by the way of mining,
for example, storage and stabling areas, embankments, reloads, modifications of land
for the setting up of courses and sports fields, working on the surface.
(2) for the purposes of this Act, means the information and advertising
the Panel, Board, motherboard or other construction and technical equipment, if
It's not about the construction according to § 2 (2). 3. In doubt, whether it is a
construction or equipment, indicating the opinion of the Building Authority. Device
a total area larger than 8 m2 is considered a construction for advertising.
(3) construction sites means a place where construction is carried out or
maintenance work; includes building plot or built-up
building or part of a parcel or part of the building, where appropriate, to the extent
during the construction the Office, whether or not other land or part thereof, or part of the
other constructions.
(4) the Maintenance of the building means work, which ensures its good
building status so as to prevent the depreciation of buildings and the most
to extend her uživatelnost.
(5) in this Act uses the concept of a construction project, this means
Depending on the circumstances, changing the construction completed construction, terrain modification,
equipment or maintenance.
PART THE SECOND
THE PERFORMANCE OF THE PUBLIC ADMINISTRATION
TITLE I OF THE
INTRODUCTORY PROVISIONS
§ 4
(1) the authorities of the territorial planning and building authorities, preferably using
simplistic procedures and progress, so that the persons concerned were what
at least burdened and that, when it can be under the conditions of this law
issue in the case, in particular, for simple structures, only one
the decision, refrain from further authorisation. If it is, together with the
the construction of the main subject of the application or notification of file structures, building
the authority will discuss all the buildings in the main mode. If so
This law, the authorities of the land use planning and building authorities conclude with
the applicant, a public contract instead of issuing an administrative decision. By
shall be without prejudice to the rights and legitimate interests of the persons concerned and the interests of the
the institutions concerned ^ 3).
(2) the authorities of the territorial planning and building authorities progress in the mutual
liaison with relevant authorities of protecting public interests by
special legislation ^ 4). The authorities concerned shall issue the
and binding opinion) ^ 5) for decision and for other acts of building
the Office or acts of an authorized officer under this Act,
subject to specific legislation otherwise,
(b)), which are not a separate opinion by the decision in the administrative proceedings
and whose content is binding for policy development and for the measures
of a general nature under this Act.
(3) if the proposal under consideration of the variant solution, the authority concerned
assessing each presentation separately.
(4) The Authority is bound by its previous opinion, or binding
the opinion. Follow-up opinions or the opinions of the downstream binding
can the authorities concerned in the same case apply only on the basis of the newly
identified and documented facts that could not be applied before the
and which have significantly changed the conditions under which the original
the opinion is issued, or the facts resulting from the more details
taken with the territorial planning documentation or supporting documents for the decision or
other Act planning authority or the Building Authority under this
the law, otherwise it will be taken into account to them.
(5) in proceedings under part four of this law shall not be considered to
binding opinions of the institutions concerned on matters about which the
decided on the regulatory plan, zoning decision or in the
territorial measures on construction uzávěře or territorial measures of rehabilitation
territory, unless a binding opinion applied on the basis of the newly
identified and documented the facts referred to in paragraph 4.
(6) if the authorities concerned in its opinion, or binding
opinion on the terms and conditions, and if they become a part of these terms and conditions of propositional
part of the decision, or part of the measures of a general nature or other
the Act planning authority or the Building Authority under this
the law, can the authorities concerned to check compliance.
(7) if the authority concerned in accordance with the specific legislation of the same
the public authority publishes the coordinated opinion or coordinated
binding opinion, including requirements for the protection of all concerned
the public interests, which defends. The coordinated opinion or coordinated
binding opinion can be issued only in case if there are requirements for
the protection of the public interests involved in the conflict. The provisions of the administrative procedure
on the common management ^ 6) shall apply mutatis mutandis.
(8) the authorities of the territorial planning and building authorities discussed the conflicting
opinion or conflicting opinions binding on the institutions concerned.
If there is a conflict between the competent authorities in accordance with this Act and the
the authorities concerned, as well as between the authorities concerned each other, move
According to the administrative procedure.
TITLE II
THE COMPETENCE IN MATTERS OF URBAN PLANNING AND BUILDING REGULATIONS
§ 5
The competence in matters of urban planning
(1) the competence in matters of urban planning under this Act
authorities of municipalities and regions, the Ministry and on the territory of the military
újezdů the Department of Defense.
(2) the authorities of the municipality and the County perform the scope in matters of territorial
planning under this act as the scope of the transferred, unless the
the law, the Council shall act on the matter of a municipality or County.
(3) the authorities of the municipality shall ensure the protection and development of the values of the territory of the municipality, if the
are not entrusted with responsibility in matters of importance to the authorities nadmístního
region, or on the basis of special legislation, the authorities concerned.
(4) the authorities of the region ensure the protection and development of the values of the territory of the region,
may interfere with activities of communities only in the statutory
cases, and only in matters of nadmístního importance; progress
in cooperation with the authorities of the municipalities.
(5) the Ministry may interfere with the competence of the authorities of the regions and municipalities only in
the cases laid down by law, and only in the matters relating to the
the development of the territory of the State; progresses in the cooperation with the authorities of the regions and
the concerned municipalities.
(6) the community and the County are required to continuously monitor the application of the territorial
planning documentation and evaluate them under this Act. If there is a
to change the conditions on the basis of which the territorial planning documentation
issued, are required to obtain a change of the relevant planning
the documentation.
§ 6
The authorities of the municipality
(1) Municipal Office municipality with extended competence (hereinafter referred to as "the authority of the territorial
planning ") in the scope of the transferred
and territorial plan) and the regulatory plan for the territory of the municipality,
b) planning documents,
(c) territorial plan), the regulatory plan and the territorial study at the request of the municipality
in your area,
(d)) takes the definition developed territory at the request of the municipality, in its administrative
the circuit,
(e)) is the institution concerned in the implementation of regional environmental management plans
town and country planning, if the decision is not issued by territorial,
(f)) is the institution concerned in proceedings under special legislation, in
which decides on changes in the territory,
(g) proposal on) inserting data into planning activities,
h) performs other activities under this Act.
(2) the local authority, which shall meet the qualification requirements for the
performance planning activities under section 24, carries out devolved
the competence referred to in paragraph 1 (b). and), d), (g)), h) and takes the territorial
a study; on the basis of a public contract shall exercise this competence for the
the village in the same area, the municipality with extended competence.
(3) the Building Authority
and territorial) issue decisions, unless the context otherwise requires,
(b) the territorial agreement) issues,
(c)) provides information for procurement planning documents and
territorial planning documentation,
(d)) performs other activities under this Act.
(4) the local authority, which does not exercise the responsibilities referred to in paragraphs 1 to 3,
provides information for the processing of spatial planning documents and
planning documentation.
(5) the Municipal Council of the municipality
and in a separate scope) decides about the acquisition plan and
the regulatory plan,
(b) approved in a separate scope) specifying, where appropriate, the instructions for the
processing of the draft zoning plan,
(c)) in a separate plan, the scope of the territorial
(d)) shall be issued by the regulatory plan,
(e)) be dealt with in a separate report on the application of the territorial scope
the plan,
(f)) performs other activities under this Act.
(6) the Council of the municipality and in the villages, where the Council vote, the Municipal Council of the municipality
and the definition of the built) publishes the territory,
(b) approves the request of the municipality) procurement referred to in paragraph 1 (b). (c)), or
in accordance with paragraph 2, or the conclusion of a contract with a legal entity or individual
the person entitled to exercise planning activities (section 24 (1)),
(c) territorial measures) issues of sanitation and territorial measures about the building
uzávěře,
(d)) apply in a separate scope of objections to the principles of territorial development
and comments to the territorial plan of the adjacent municipalities,
e) performs other activities under this Act.
section 7 of the
The authorities of the region
(1) Regional Office in scope of the transferred
and territorial development policy) and in the cases stipulated by law
the regulatory plan for the areas and corridors nadmístního significance
b) planning documents,
(c)) is the institution concerned in management and control in the specific
the legislation, which decides on changes in the territory,
touch more administrative circuits municipalities with extended competence,
(d)) shall be issued by the territorial decision in cases laid down by law,
(e)) specifies the construction authority competent for area management in law
the cases provided for,
(f)), the following data in the register of planning activities for your administrative
circuit,
(g)) performs other activities under this Act.
(2) the Council of the County
and in a separate scope) publishes the principles of spatial development,
(b) approved in a separate scope) specifying, where appropriate, the instructions for the
processing design of spatial development policy,
(c)) in a separate report, approve the scope of the application of the principles
territorial development,
d) publishes a regulatory plan in the cases laid down by law,
e) performs other activities under this Act.
(3) the Council of the County
and in a separate scope) opinion on the draft policy
territorial development,
(b)) in the cases provided for by law, territorial measures of rehabilitation and
territorial measures on construction uzávěře.
§ 8
Special competence on the territory of the city of Prague
Takes to the territorial plan for the territory of the city of Prague City Hall
the capital city of Prague ^ 7), carries out the scope of the Regional Office
the Ministry. Takes a territorial plan for the defined part of the territory of the main
the city of Prague city, part of the authority shall perform the responsibilities of the Regional Office
Prague City Hall.
§ 9
cancelled
§ 10
The Ministry of defence
(1) the Ministry of defence for the territory of military újezdů
and territorial plan and) publishes a regulatory plan
(b)) discusses the spatial analytical data and spatial studies,
(c) the proposal to insert) the data in the register of planning activities.
(2) the District Office for the territory of the military district
and territorial plan), the regulatory plan and the territorial study
b) spatial analytical data,
(c)) provides planning information,
(d)) propose inserting data to the planning
activity.
The Ministry of
§ 11
(1) the Ministry is a central administrative authority in matters of territorial
planning and
and shall exercise State supervision) in matters of planning,
(b) territorial development policy) and to do the necessary planning
planning documents,
(c)) keeps records of the planning activities,
(d)) performs other activities under this Act.
(2) the Ministry provides methodological support to the application of contemporary
knowledge of spatial planning, urban planning, architecture and knowledge
construction and technical, as well as the public interest in the construction and
the construction industry, in particular in the protection of lives and health, in the care of the
environment and in the protection of the cultural, archaeological and natural
heritage.
(3) the Ministry establishes the organizational folder to the solution conceptual
questions of theory and practice in the field of spatial planning, urban planning and
architecture. This activity may entrust existing professionally
eligible business folder State.
§ 12
(1) the Ministry is a central administrative authority in matters relating to building regulations
and
and shall exercise State supervision) in matters relating to building regulations,
(b)), the system of construction and of technical prevention, which monitors and analyzes
serious or recurring defects in the construction, which is to be in the public
interest, and proposes measures to prevent their recurrence,
(c) monitor the effectiveness of the technical regulations) for the construction and ensure their
the development,
(d) requirements for editing) proposes the construction, their parts, components and functions
building products and can give suggestions to modify the Czech technical
standards or certification of construction products or to other civil
technical measures,
e) coordinates the interaction of General, special, military, and
other building offices in the exercise of State administration under this Act,
(f) shall exercise supervision over the activities of) authorized inspectors.
(2) the Ministry of
and may reserve for himself) the detection of structural and technical reasons
accidents, construction or participation in it, if it is in scope, or
recurrent consequences largely affect public interests,
(b)) may, in conjunction with other building offices and authorized
inspectors carry out inspection tours of buildings,
(c)) may delegate the operation of the system of construction and technical prevention
organizational folder State.
(3) the Ministry establishes a professional organizational folder State to design
technical requirements for the construction, to their continuous updating, and to
evaluation of the causes of the accident.
section 13
General building authorities
(1) General Building Authority is
and, that is) the Ministry central administrative authority in matters
building regulations,
(b)) Regional Office,
c) Municipal Office municipality with extended competence ^ 8),
(d)) designated Municipal Office ^ 8),
(e)) and the local authority, which this scope performed on 31 December 2001.
December 2012.
(2) the Ministry shall exercise, the scope of the building authority to issue a zoning
the decision by the buildings related to the storage of radioactive waste
containing natural radionuclides and buildings belonging to the operational
units, which is part of a nuclear device, and device structures for
the transmission of electricity, equipment for the transport of gas, if the territorial management
conducted for the entire construction of power lines or gas pipeline, and in the
construction equipment for the storage of gas or electricity production plants of the
the total installed electrical power 100 MW and more ^ 10).
(3) a County may, on the request of the municipality, after consultation with the Department of regulation
specify the General Office of the municipal office building, if the scope of the
exercise for a comprehensive administrative district. General Building Authority may be
only the local authority, which will be with regard to the scope and complexity of the
construction in the area, considered to be eligible to exercise the administrative
agenda in accordance with this Act and special legislation. General
the construction authority can be determined by regulation of the county on 1 January. January.
(4) a County may, after consultation with the Ministry to withdraw the regulation
the scope of the municipal office building Office referred to in paragraph 1 (b).
(e)) or designated in accordance with paragraph 3, if it does not meet the conditions for the
the proper exercise of this scope. At the same time determined that the Building Authority will
to exercise the competence in the area of the defunct Office building.
(5) the scope under this Act shall be exercised by the building authorities referred to in
paragraph 1 (b). b) to (e)) and in paragraph 3, as the scope of such delegation.
(6) if the measures or the construction, which is to take place in the administrative
the perimeter of two or more building offices, performs the procedure and shall
the decision of the nearest parent together construction Office. He may
provide that the management and the decision will issue one of the construction
the authorities in whose area the construction or the measures carried out.
(7) the County is obligated to report changes to the territorial scope of the construction offices
Administrators of the basic registry territorial identification, addresses and
^ real estate 59).
(8) to conduct the proceedings under this Act, which is the follow-up management
According to the law on the assessment of the effects on the environment, is in the first
the degree of the competent municipal office municipality with extended competence. The provisions of the
paragraph 2 shall not prejudice. Municipal Office municipality with extended competence
It also carries the power under section 120, 122, 123 and 124.
§ 13a
The qualification requirements for the performance of the activities of the General Building Authority
(1) General Building Authority referred to in section 13 shall perform the activities in the field of
land-use decision making and building regulations by employees
meeting the qualification requirements under this Act; If it is at the same time
the official territorial self-governing unit, shall comply with the requirements
under special legislation ^ 17).
(2) the qualifying education and experience meets the requirements of the natural person
that has
and higher education in master's) or a Bachelor's degree
programme in the field of building, architectural or
legal direction,
(b)), higher professional education in the field of construction industry and 2 years experience in the field of
construction, or
c) secondary education with a GCSE in the field of construction industry and 3 years
practice in the field of construction.
(3) the clerk of the meeting the qualification requirements under this Act, but
do not meet the requirements under special legislation ^ 17), may
to carry out activities in the field of land-use decision making and building regulations,
If it is ensured that it will be until the meet these requirements
to carry out this activity under the professional leadership of the official meeting
qualification requirements under this Act and the requirements of the Special
^ law 17), however, after a maximum period of 18 months.
§ 14
(1) if the Ministry allocates responsibilities under section 12, paragraph. 2 (a).
and the construction authority), and administrative authorities involved in the investigation are
employees of the Ministry or Department of entrusted persons
synergies and help to clarify the causes of the crash.
(2) the building authorities in the framework of cooperation in the operation of the system construction
the Technical Department of prevention to be transmitted to the processing operators
the system of information on the occurrence of the defect, malfunction or breakdown of the construction, if the
they are such information transmitted or where it is found in the performance of
its activities. The scope and method of transmission of the information referred to in the first sentence
the system operator shall determine the implementing legislation.
§ 15
Special building authorities
(1) the scope of the construction authority, with the exception of the powers in matters of territorial
decision-making, for
and air, buildings)
(b)) and on the runway of the structures, including the equipment on the runway,
c) buildings, roads, motorways, local roads and publicly available
Special purpose communications,
(d)) of the water works
the authorities of the executing State administration on these sections according to specific
legislation (hereinafter referred to as "the Special building offices").
(2) Special building offices shall act under this Act, if
specific legal provisions for the building referred to in paragraph 1 does not provide otherwise.
Authorisation for the construction may only with the consent of the General construction
the authority competent to issue a zoning decision that verifies compliance with the
his conditions; consent is not an administrative decision. If it is issued
the territorial decision nor the territorial agreement, it is sufficient to express the General
Building Authority compliance with the intentions of the proposed construction of the territorial
planning.
(3) in doubt, whether in a particular case is the construction by
paragraph 1, or in the scope of the General Building Authority, the
the opinion of the competent special Building Authority.
section 16 of the
Military and other building authorities
(1) the scope of building offices on the territory of the military exercise újezdů
district offices.
(2) the scope of the construction of offices, with the exception of the powers in matters of territorial
decision-making, exercise under this Act further
and the Ministry of defence for construction) important for the defense of the State outside the territory
military újezdů, that is used or intended to be used for the provision of Defense
the State and the Ministry of defence are constituted or of a legal person by
set up or,
(b) the Ministry of the Interior structures) for the security of the State, which means the
buildings or parts thereof used to carry out the tasks of the Ministry of the Interior,
organizational components of the State set up by the Ministry of the Interior, the police
The Czech Republic, the Police Academy of the Czech Republic, Fire
the Rescue Corps of the Czech Republic, the Office for foreign relations and
information and security information services, with the exception of buildings or
parts of predominantly used for residential or recreational purposes, and for
buildings used for the tasks of the National Security Office,
(c) the Buildings Department of Justice) for the purposes of the prison service and the
its business units,
(d)), the Ministry of industry and trade of the buildings for the purpose of mining, processing,
transport and storage of radioactive materials on the territories reserved for the
for these purposes, buildings associated with the storage of radioactive waste
containing natural radionuclides and buildings belonging to the operational
units, which is part of a nuclear device, and device structures for
the transmission of electricity, equipment for the transport of gas, equipment for
storage of gas or electricity production plants with a total installed
the electrical performance of 100 MW or more ^ 10).
(3) the scope of the construction offices in mining leases exercise
the district mining offices, with respect to the construction, to serve otvírce,
the preparation and development of exclusive bearings, as well as the treatment and finishing
minerals, carried out in the context of their exploitation, including buildings
storage places for mining waste, and stores of explosives, with the exception of buildings
belonging to the competence of the Ministry of industry and trade under
paragraph 2 (a). (d)) and the construction of water works.
(4) Building, the authorities referred to in paragraph 2 may issue a permit for construction
in the enclosed spaces of existing structures, without territorial decision
or consent, if you don't change the height of the arrangement of the space. U
other buildings shall ensure the representation of the general building construction authority
the Office of compliance of the proposed construction projects planning.
(5) in doubt, whether in a particular case is the construction by
paragraph 2 or 3, the opinion of the competent central public administration
the authority, whose scope of construction concerns.
§ 17
The reservation of the powers of the Building Authority
(1) a superior construction authority may reserve the power to the building Office
the first instance of each technically particularly difficult or
unusual buildings or for measures with sizable effects on the
environment, cultural heritage, or reservation and preservation zone
in their area. If you reserve a competence in matters governed by section
the fourth title I, part 1, also carries the power under section 120, 122, 123 and
124.
(2) the Reserves if the regional office referred to in paragraph 1, the power to issue
Zoning decision in the case of intent period in terms of the impact on the
the environment in accordance with the specific legislation, shall exercise ^ 11)
also the power under part fourth title I part 1 and in accordance with § 120, 122,
123 and 124 of this Act.
(3) the Ministry may reserve the power to the building authority to issue a
spatial decision with transboundary region, structures for buildings with
the extraordinary negative effects on the environment or in buildings with
the influence on the territory of neighboring States.
PART THE THIRD
TERRITORIAL PLANNING
TITLE I OF THE
OBJECTIVES AND TASKS OF SPATIAL PLANNING
section 18
The goals of spatial planning
(1) the aim of spatial planning is to create the prerequisites for the construction and for
the sustainable development of the territory, which in a balanced relationship to the conditions for
a favourable environment for economic development and for the coherence of the
the inhabitants of the territory of the community and that meets the needs of the present
generation, without threatening conditions of life of future generations.
(2) spatial planning provides the prerequisites for the sustainable development of the territory
a systematic and comprehensive solution making efficient use of space and
the arrangement of the territory with the aim of achieving general economic consistency of public
and private interests in the development of the territory. For this purpose, follows the social
and economic development potential.
(3) the authorities of the territorial planning of the procedure laid down in this law shall coordinate
both public and private plans changes in territory, construction and other activities
affecting the development of the territory and to give expression to the protection of public interests
arising from special legislation.
(4) the territorial planning in the public interest, protects and develops the natural,
cultural and civilizational values of the territory, including urban,
architectural and archaeological heritage. In doing so, protect the landscape
as an essential component of life of the population and the environment, the basis of their
the identity. With regard to it determines the conditions for the rational use of
developed territories and ensures the protection of the territory and the lineside
nezastavitelných of land. Zastavitelné the areas shall be defined with regard to the
the potential development of the territory and the level of use of the developed territory.
(5) in the undeveloped territory in accordance with the character of the place
buildings, facilities, and other measures for the agriculture, forestry,
water, the extraction of minerals, for the protection of nature and landscape conservation, for
public transport and technical infrastructure, to reduce the risk of
ecological and natural disasters and for the removal of their consequences,
and such technical measures and structures that will improve the conditions of its
use for the purposes of recreation and tourism, for example, cycling
trails, sanitary facilities, ecological and information centres. Referred to
buildings, facilities, and other measures, including buildings, that with them
directly related, including fencing, can be in the undeveloped territory
place, in cases where the territorial planning documentation explicitly
does not exclude.
(6) on the nezastavitelných land can exceptionally place technical
infrastructure in a way that does not hinder their use.
§ 19
The tasks of spatial planning
(1) the task of spatial planning is particularly
and to identify and assess the State of) the territory, its natural, cultural and
civilizational values,
(b)) provide concept development territory, including the town planning concept with
regard to the value and conditions of the territory,
(c) examine and assess the need for) changes in the territory, the public interest in their
implementation, their benefits, issues, risks, taking into account, for example, on the
public health, the environment, geology, the impact on the territory
the public infrastructure and on the rational use of,
(d)) to fix urban, architectural and aesthetic requirements on
use and spatial arrangement of the territory and its changes, in particular on the
location, layout and construction solutions,
(e) establish the conditions for the execution of) the changes in the territory, in particular for
location and arrangement of buildings with regard to the existing character and values
territory, f) set the order of implementation of changes in the territory (phasing),
(g)) in the territory of the conditions for the reduction of the risk of environmental and
natural disasters and for the removal of their consequences, and it's nature
the middle way
(h)) to create the conditions in the territory for the removal of the consequences of sudden
economic changes,
I) lay down the conditions for the reconstruction and development of the settlement structures and for
high-quality housing,
j) examine and create conditions for the economic territory of the commitment
resources from public budgets on changes in the territory,
to create the conditions in the territory) in order to ensure civil protection,
(l) specify the necessary rendering,) reconstruction and reclamation interventions in
the territory,
m) create the conditions for the protection of the territory according to the specific legal
regulations ^ 4) ^ 12) from the negative effects of projects on the territory and design
special compensatory measures if the legislation provides otherwise, the
n) regulate the scope of areas for the exploitation of natural resources,
apply knowledge of), in particular from the fields of architecture, urbanism,
land-use planning and ecology and conservation.
(2) the task of spatial planning is also an environmental assessment policy
development, spatial development policy or plan on sustainable
the development of the territory (section 18 (1)). For the purposes of this assessment, the handles
evaluation of the effects on the sustainable development of the territory. His part is also
evaluation of the effects on the environment with the formalities laid down in
the annex to this Act, including an assessment of the impact on European major
site or bird area.
TITLE II
GENERAL PROVISIONS AND COMMON PROCEDURES IN LAND USE PLANNING
section 20
Disclosure of documents
(1) the competent authority shall ensure that the public and the authorities concerned,
the possibility to get acquainted with the proposals specify the territorial planning documentation or
report on the application of the date of the public airing of the Ordinance.
(2) the Documents shall mean (i) drawings, plans, and other views.
section 21
Planning information
(1) Regional Office, Office of land use planning, municipal authority empowered for
the performance of the activities of the maker and the construction authority are within their
the scope of the preliminary information as ^ 13) planning information
and conditions of use of the territory and) changes its use, in particular on the basis of the
spatial planning and spatial planning documentation,
(b) conditions of release) regulatory plan, zoning decisions, including
the list of the institutions concerned,
(c) the issue of the consent of the territorial conditions) in cases where it is possible to
replace the territorial decision, including a list of the institutions concerned.
(2) the applicant for planning information request must state the specific
requests for information in connection with his intention to change in the territory and the
specific information about your plan, in particular the purpose and technical implementation
construction or other measures in the territory.
(3) planning information Provided is valid for 1 year from the date of its
Edition, if within this period, the authority which issued it, the applicant has indicated that
There has been a change in the conditions under which it was issued, in particular on the basis of the
an update of the relevant territorial analytic documents
approval of the report on the application of the principles of territorial development and the report on the
the application of the zoning plan.
(4) the request for Content requirements planning information provides
the implementing legislation.
section 22
The public consultation
(1) a public hearing concerning the acquisition of territorial planning documentation
directs the maker. If it is appropriate or if required by the scope of the
the solution to the territory, the maker of a more public discussion of it
designated locations. For the calculation of time limits provided for by law is a decisive day
the venue of the last public consultation.
(2) on the progress of the public consultation leads the maker of the written record.
(3) when a public consultation of opinions, objections and comments
apply in writing and must bear the identification data and the signature
the person who is applying, and connects to the public record
consultation. Opinions, objections and comments submitted in writing before the
public discussion is in the record shall indicate, with reference to the text,
that connects to the record.
(4) the Customer is always at the public hearing shall, in cooperation with the
a natural person authorized under a special legal provision to
project activities in construction ^ 14) (hereinafter referred to as "designer") interpretation
territorial planning documentation.
section 23
The representative of the public
(1) the public may be in the making design planning
documentation shall be represented by the Attorney of the public.
(2) a representative of the general public may be a natural or legal person fully
eligible legal capacity. The representative of the public must authorize at least
one-tenth of the citizens of the municipalities with less than 2,000 inhabitants or at least 200
the citizens of the respective village who apply the same reminder to materially
the design of territorial planning documentation. The representative of the public it can empower
also at least 500 citizens of the county or at least one-tenth of the citizens
any municipality on the territory of the region with less than 2000 inhabitants or at least
200 citizens of the municipalities on the territory of the county if submitted factually identical comment to
the draft spatial development policy.
(3) the Mandate of the representative of the public shall be evidenced by a list of the citizens of the municipality or
region or population according to the specific legislation of the 15 ^ ^), who
apply same comment, and factually signing the Charter, in which the
indicate the name and surname, residence or stay, where appropriate, the address of the
place of residence abroad and the signature of the persons with the Declaration that the appointed
the representative of the public authorized to the objection on the basis of factually identical
comments and to discuss this objection under this Act, and
the statement of the representative of the public. This statement includes the name and
the surname of the representative of the public, his permanent residence or residence and signature, that
This empowerment.
(4) as to whether the person meets the conditions referred to in paragraphs 1 to 3 shall be decided in
case of doubt, the administrative authority of the procedure provided for in the administrative code
^ resolution 16), which announces the only this person; in the final
a decision on this matter, this person has all the procedural rights of the representative of
to the public.
section 24
The qualification requirements for planning activities
(1) the regional office and the Office of the territorial planning carries out planning
activity under section 6 (1). 1 or § 7 (2). 1 through officials
meeting the qualification requirements for the performance of the planning activities.
The local authority, which is exercised by the Office of planning, planning
the planning activity under section 6 (1). 2 by an official or other
natural persons who meet the qualification requirements for the exercise of territorial
planning activities. The qualification requirements for performance planning
the activity meets the official or a natural person who has a certificate
special professional competence in accordance with special legislation ^ 17) and
meets the qualification requirements of training and practice under this Act;
the provisions of the special legal regulation ^ 17) on the issue of the certificate of
the recognition of the equivalence of education shall not apply.
(2) the qualifying education and experience meets the requirements of authorized
the architect, who has been granted authorization for the territorial planning
or without the specification of the scope under special legislation ^ 14).
(3) the qualification requirements of education and experience meets on a natural person,
that has
and higher education recognised for) the authorization in the field regional
at least 18 months of planning and practice in performance planning
activities in the public administration (hereinafter referred to as "appropriate practice"), or
(b)) higher education relative scope, recognised for authorization in the
the field of spatial planning or higher education construction
focus and at least 3 years of relevant experience.
(4) do not meet the qualification requirements may exercise the territorial
planning the activities referred to in paragraph 1, if it is ensured that it will be until the
meet these requirements to perform this activity under professional guidance
official meets the qualification requirements for performance planning
activities, but not for a period of 3 years.
TITLE III
SPATIAL PLANNING TOOLS
Part 1
Planning documents
§ 25
Planning documents form a spatial analytical data, which
identify and evaluate the status and the development of the territory and territorial studies
Verify the options and conditions for changes in the territory; serves as a basis for
procurement policy development, planning, documentation
their change and for decision-making in the territory.
section 26
Spatial analytical data
(1) the spatial analytical data include identification and assessment of the State and
the development of the territory, its values, constraints, changes in the territory for the protection
public interest, arising from the law or laid down on
the basis of specific legislation or resulting from the properties of the
territory (hereinafter referred to as "limits the use of the territory"), projects on the implementation of the changes in the
territory, the detection and evaluation of sustainable development of the territory and determine
problems to solve in the territorial planning documentation (hereinafter referred to as "analysis
sustainable development of the territory ").
(2) the elements of the content planning of the analytical documents lay down the detailed
legal prescription.
section 27 of the
Commissioning of analytical documents
(1) the Office of the territorial planning takes spatial analytical data for
his constituency in the details and extent necessary for making
urban plans and regulatory plans. The regional authority takes planning
analytical data for the territory of the region in the details and extent
for the acquisition of spatial development policy.
(2) the spatial analytical data takes the customer to the
the basis of surveys of the territory and on the basis of data on the territory, which are
information or data about the status of the territory, on the rights, obligations and restrictions,
that bind to certain parts of the territory, such as the desktop, land,
natural unit or building, and which originated or was detected
in particular, on the basis of legislation and further information or data about the
plans to implement changes in the territory; information shall also include information
about their creation, acquisition, processing, any approval or the acquisition
force and effect (hereinafter referred to as "the territory"). The basis for the
the acquisition of spatial analytical documents can also be technical map.
(3) data on the territory provides to the customer by the public authority,
established by the legal person and the owner of the transport and technical infrastructure
(hereinafter referred to as the "data provider") primarily in digital form without delay,
after their formation or after their findings, is responsible for their
the accuracy, completeness and timeliness. These data on the territory can the maker
use only for planning activities, the establishment and management of technical
maps and for the activity of the designer documentation and territorial planning
the study.
(4) the owner of the technical infrastructure provides the Office of zoning
planning in a graphic copy of the polohopisnou situation of the technical
infrastructure completed and approved after the date of entry into force of this
the law in the coordinate system of a single trigonometric networks
cadastral ^ 18) in the scale of cadastral maps or scale
more detailed. The technical infrastructure of the completed and approved before
date of entry into force of this Act shall provide the polohopisné information in him
accessible system, if this law provides otherwise.
(5) the owner of a transport and technical infrastructure is entitled to require
the maker of a reimbursement of the costs associated with the provision of data on the territory of the
under this Act, but not to the level of their acquisition cost
copies of data carriers, and the cost of delivery to the customer.
section 28
Territorial analytical foundation update
(1) the acquirer continuously updates the spatial analytical data on
the basis of the new information about the territory and exploration of the territory and takes every 2 years
their full update.
(2) no later than 18 months after the acquisition of spatial analytical documents or
from their last full update customer buys a new proposal
full update, update notifications and data providers
invite them to confirm the accuracy, completeness and timeliness of their
provided data on the territory within 3 months. If so, the provider
the data fails to do so within that period, it shall be deemed that their accuracy, completeness and
timeliness has confirmed.
(3) the provider of the data, which does not fulfil the obligation under section 27. 3,
or if it is proved that the inaccuracy of the data provider informed
the data provided by the territory referred to in paragraph 2, is obliged to pay from
the resulting costs and changes in planning
documentation and on the territorially update of analytical documents.
section 29
Discussion of spatial analysis documents
(1) the spatial analytical data for the administrative district municipalities with extended
the competencies and their full update will discuss the maker in the range
determine issues to address in the planning documentation within 30 days
after their copies with the municipalities in their area.
(2) the maker shall adjust the spatial analytical data according to the outcome of the
discussion and immediately sends it to the regional office.
(3) spatial analytical data for the territory of the region and their updates
are taken by the regional office with the use of spatial data for analysis
the administrative circuits of municipalities with extended powers and submit them for consideration
Board region in the extent and form laid down by the implementing the legal
the code. The regional office will send to the Ministry and the Ministry of the environment
environment, spatial analytical data for the territory of the region within 6 months from the
the deadlines laid down for their acquisition or updating.
section 30
Territorial studies
(1) a territorial study proposes, examines and assesses possible solutions selected
problems editing or, where appropriate, the development of certain functional systems in the
the territory, for example public infrastructure, urban ecological system
stability, which could significantly influence or make use of, and
the arrangement of the territory or the selected parts.
(2) the acquirer acquires a territorial study in cases where it is stored
planning documentation, on his own or another's initiative. In the enter
territorial studies determine the maker of its content, scope, objectives and purpose.
(3) the acquisition of territorial studies of another initiative, can the maker make
full or partial reimbursement of the costs from the guy who handed the initiative.
(4) the maker of a territorial study shall then, when approved by the ability of its
use under section 25, the proposal to insert data of this study in the register
planning activities.
Part 2
Spatial development policy
section 31
(1) Land Development Policy specifies the requirements for a specified period
instantiating tasks of spatial planning in the Republican, cross-border and
the international context, in particular with regard to the sustainable development
territory, and determines the strategy and the basic conditions for the fulfilment of these
tasks.
(2) the policy of territorial development with regard to the possibilities of the territory of the coordinates
the creation and updating of spatial development policy, creation of concepts
approved by the ministries and other central administrative authorities and the intentions of the
on changes in the territory of the significance and establishes the tasks to ensure that this
coordination.
(3) the Ministry of territorial development Policy be drawn up for the whole territory of the
of the Republic and approved by the Government. The Ministry shall ensure that in the collection
the laws of the publication of the notice of approval of policy development, and
the full document shall be published in a manner enabling remote access.
(4) the Development Policy is binding on the acquiring and issuing
principles of territorial development, urban plans, control plans, and for
decision making in the territory.
§ 32
The contents of the spatial development policy
(1) Policy development
and the national priorities) planning to ensure the
sustainable development of the territory,
(b)) defines an area with increased demands for changes in the territory for reasons of
the concentration of activities of the international and of the importance or which
its significance are beyond the territory of one of the County, it is a development area and
development axis,
(c)) defines the area with specific values and specific
the problems of international and of the importance or relevance
go beyond the territory of one of the region,
(d)) defines the areas and corridors of transport and technical infrastructure
international and of the importance or relevance
go beyond the territory of one of the region,
e) lays down in defined areas, areas and corridors of the criteria and
the conditions for making a decision about the possible variations or alternatives of changes in
territory and for their evaluation, in particular with regard to their future
importance, perhaps compromised, development, attenuation, preferences and risks,
f) establishes the tasks referred to in section 31.
(2) part of the spatial development policy is also the evaluation of the effects on
the sustainable development of the territory. In the assessment of the effects on the environment,
describe and evaluate the recorded and projected serious influences policy
development on the environment and acceptable alternatives
fulfilling the objectives of spatial development policy.
section 33
The draft spatial development policy
(1) the Ministry of territorial development policy proposal to be drawn up in cooperation
with the ministries, other central administrative authorities and the region. The Ministry of
the environment provides for the evaluation of environmental effects
the environment.
(2) the proposal of the Ministry of territorial development policies in particular takes
the basis of the
and) planning documents,
(b)) of documents intended to support regional development ^ 19),
(c)) and the documents of the public administration, which are in international and
these contexts affect the use of the territory of the State, for example,
policies, strategies, policies, plans, programmes, generelů,
d) reports on the State of the environment ^ 20),
(e)) the international commitments of the Czech Republic relating to the territorial
the development of.
(3) the Ministry shall forward the draft spatial development policy, together with the
evaluation of the effects on the sustainable development of the territory of the ministries, other
the central administrative authorities and regions that can assert their opinions
within 90 days after receipt of the draft spatial development policy. The opinions of the
received after this deadline shall be disregarded.
(4) the Ministry shall publish, in a manner enabling remote access design
policy development, including the assessment of the effects on sustainable development
territory, shall notify to the place and time of holding a public hearing at least 30 days
in advance and set a time limit for the submission of written comments of municipalities and
the public, which may not be less than 60 days from the date of public
consultation. Comments shall be submitted to the Ministry. To later applied
comments will be taken into account. The provisions of section 22, paragraph. 1 to 3 shall apply
mutatis mutandis.
(5) the Ministry in cooperation with the Ministry of Foreign Affairs shall transmit
the draft policy, the development of neighboring States whose territories may
the application of spatial development policy to be directly affected, and offers
consultation for them. If the neighbouring State for consultations, interested
the Ministry, in cooperation with the Ministry of Foreign Affairs and
The Ministry of the environment, participating in the consultations.
(6) the Ministry shall send a copy of the opinions, observations, and any
the results of the consultations referred to in paragraphs 3 to 5 of the Ministry of the environment
environment as a basis for its opinion on the draft of the concept according to §
10 g of the law on the assessment of the effects on the environment, which is not
the opinion referred to in section 4, paragraph 4. 2. the Ministry of the environment
the opinion shall be applied within 30 days of receipt of such documents. Of the major
the reasons that the Ministry of the environment shall inform the Ministry of
not later than 30 days from the receipt of the documents, the time limit for the application of the
opinion, no extended for 30 days. If The Ministry Of
environmental opinion does not apply within the time limit referred to in the second sentence or
in a prolonged period of time, it is possible to approve land development policy without
his opinions.
(7) If the assessment of a significant impact on the European site or bird
the area shows that the spatial development policy has a significant negative effect
the favourable conservation status of the subject of protection or the integrity of some of the European
important bird area, site or proceed according to the section of the law about 45i
nature and landscape protection. Compensatory measures shall state the Ministry of
the environment in the opinion referred to in section 4, paragraph 4. 2 (a). (b)).
(8) the Ministry shall take into account the results of the evaluation of effects on sustainable
the development of the territory, opinions, comments, communities and the public, and any
representation of the neighbouring States and the results of the consultations and modifies the proposal
spatial development policy. This modified design shall consult with representatives of the
ministries, other central administrative authorities and regions.
§ 34
Approval of the policy of territorial development
To the approval of the policy of territorial development, the Ministry of the Government shall submit to the
the draft spatial development policy modified based on consultation
representatives of the ministries, other central administrative authorities and regions. Together
with the draft spatial development policy shall be submitted
and review of the draft) the report on territorial development policy containing
evaluation of the opinions of the ministries, other central administrative authorities
and counties, municipalities and public comments, any representation of a neighbouring
States and the results of the consultation, together with the manner of their incorporation,
(b) the results of the evaluation of the environmental impact) the sustainable development of the territory,
(c)) the opinion of the Ministry of the environment to assess the environmental impact
environment ^ 11) with the communication, as it was taken into account,
(d)) the communication, how to take account of the assessment of the effects on sustainable development
the territory with the reasons for the selection of accepted variants of solution.
section 35
Spatial development policy update
(1) the Ministry handles in cooperation with ministries, other
the central administrative offices and the County every four years a report on the application of the
spatial development policy that has the conditions laid down in paragraph 2.
The first report of the Ministry of the processes in the 4 years since the first approval
spatial development policy by the Government.
(2) the report on the application of spatial development policy includes, in particular,
and evaluation of the performance of the tasks of the policy), territorial development,
(b) evaluation of the environmental impact) the sustainable development of the territory, indicating whether the
detected unexpected negative impacts on the environment, together with the
proposals for their elimination, minimize, or compensate for,
(c) assessment of the impact of land-use policy) the development of individual regions, handouts,
and documents of the public administration with a national focus, for example, policies,
strategies, policies, plans, programmes, generelů, on the application of the policy
territorial development,
(d) proposals for the update of the policy), spatial development and their rationale,
where appropriate, the proposal and the reasons for the acquisition of new land development policies,
(e) an opinion under section 45i) the Act on nature and landscape protection,
(f) the opinion of the Ministry of the environment), processed on the basis of
the criteria referred to in annex 8 of the law on environmental impact assessment
environment, indicating whether the update policy of territorial development
assessed in terms of the effects on the environment,
g) proposal on the measures to be carried out in the territorial planning activities
regions and communities, in the activities of ministries and other central administrative
offices.
(3) the Ministry shall publish, in a manner enabling remote access design
report on the application of spatial development policy and shall set a deadline for the
the submission of written comments, the municipalities and the public, which may not be less
than 30 days after the date of publication of the proposal. Comments shall be submitted
the Ministry. To later cited the comments shall be disregarded.
(4) on the basis of a report on the application of spatial development policy of the Government
decide on the update or the new design policy
territorial development; in doing so, by analogy with the provisions of section 33, and
34. the evaluation of the effects of the update on the sustainable development of the territory
handles only when so established the Ministry of the environment
environment in the opinion referred to in section 35, paragraph. 2 (a). (f)).
(5) for reasons of urgent public interest, the Government may decide to
update of policy development, its content and the shortening of the time limits
referred to in section 33 without the submission of the report on the implementation of the policy of the territorial
the development of. This update shall apply mutatis mutandis to section 33 and 34.
Part 3
Territorial planning documentation
Section 1
Principles of territorial development
section 36
(1) Land Development Policy provides, in particular, the basic requirements for
purposeful and rational arrangement of the territory of the region, define areas or corridors
the significance and nadmístního lays down the requirements on their use, in particular
areas or corridors for public utility buildings, utility
measures, lays down the criteria for deciding on the possible variations or
alternatives the changes in their use. Matters relating to the development of
the territory of the State, which are not included in the policy development, can
be part of the spatial development policy, if the Ministry in
the opinion referred to in section 37, paragraph. 8 for reasons of significant adverse effects
transboundary region ruled out. Spatial development policy can
to define the area or corridor and provide for their use, the need for and
It is necessary to examine the claims of area (hereinafter referred to as "territorial reserve"). In the territorial
reserve changes are prohibited in the territory of [section 2, paragraph 1 (a))]
to set the use substantially more difficult or prevent. Change the territorial
a reserve for the area or corridor allowing use can only be set on the
the update of the spatial development policy. At the same time with the design principles
development of environmental impact assessment is undertaken on sustainable development
territory, provided for the use of the territorial reserves from environmental effects
the environment and localities and bird area
not examined. In the assessment of the effects on the environment will be described and
evaluates identified and anticipated serious impacts of spatial development policy
on the environment and the viable alternatives, fulfilling the objectives of the policy
territorial development.
(2) the Spatial Development Policy can in selected areas or corridors
Save the changes to the screening of their use of territorial studies. Spatial policy
You can define the area or the development corridor, which is deciding on the
changes in the territory shall be conditional on the release of the regulatory plan; in this case, the
part of its policy and the regulatory plan of the initiative and the appropriate
the deadline for his release. The issue of regulatory plan as a condition for
decision making in vain expiry of the lapses. The principle of the territorial
the development may provide a condition of release of the regulatory plan and its
enter only in agreement with the communities in the respective territory.
(3) Spatial Development Policies in the context of the nadmístních region
specify and develop the objectives and tasks of spatial planning in accordance with the
spatial development policy, determine a strategy for their implementation and
coordinate the planning activities of the municipalities. Principles of territorial development nor
evaluation of the effects on the sustainable development of the territory must not contain
the details of the content of the territorial plan of belonging, the regulatory plan
or the follow-up decision.
(4) the Development Policy provides for the whole territory of the region and issued
the form of the measures of a general nature according to the administrative procedure.
(5) Territorial Development Policy are binding on the acquiring and issuing
territorial plans, regulatory plans and for making choices in the territory.
(6) the particulars of the content development policy provides detailed legal
prescription.
The draft spatial development policy
§ 37
the title launched
(1) the draft spatial development policy takes Regional Office on the basis of the award
or on the application of spatial development policy. The draft policy
development of the regional office shall ensure that the assessment of the effects on sustainable
the development of the territory.
(2) shall notify the Regional Office of the place and time of the joint negotiations on the draft principles
development and evaluation of the effects on the sustainable development of the territory
individually at least 15 days in advance, the Ministry and the authorities concerned,
the neighboring regions. The authorities concerned shall invite the application of opinions within the time limit
30 days from the date of the negotiations, in the same period, the neighbouring region may apply
the comments. To later cited opinions and comments to
be taken into account.
(3) Regional Office delivers a proposal of territorial development policy and evaluation
the effects on the sustainable development of the territory of a public decree. Within 30 days from the date of
design and delivery the evaluation to apply for each regional office
written comments. To later cited the comments shall be disregarded.
(4) the regional office in collaboration with the Ministry of Foreign Affairs shall transmit
the design principles of the development of the neighbouring States, whose territories may be
the application of spatial development policy directly affected, and to offer them
consultation. If the neighboring state of interested regional consultation
the Office, in cooperation with the Ministry of Foreign Affairs and the Ministry of
the environment consultations.
(5) the assessment referred to in paragraph 1 shall consult with representatives of the regional authority
The Ministry of environment, the Ministry of labour and Social Affairs,
The Ministry of industry and trade, the Ministry of agriculture, Ministry of
transport, Ministry of culture, the Ministry of public health and County
station. Place and time of the hearing, notify the regional office referred to
the ministries and the regional hygiene station at least 15 days in advance and
asks them to the application of the expression to evaluate, no later than 30 days from the
the date of the hearing. To later applied the expression shall be disregarded. In
observations of the Ministry and the regional hygiene station indicate comments
to ensure a balanced relationship of local conditions for sustainable development
territory and to the selection of a Variant solution.
(6) the regional office shall send the draft spatial development policy, evaluation of the effects of
on the sustainable development of the territory, opinions, comments, observations, and
the results of the consultations referred to in paragraphs 2 to 5 of the Ministry of
the environment as the basis for the issuing of opinions on draft
the concept under section 10 g of the Act on environmental impact assessment,
that is not the opinion referred to in section 4, paragraph 4. 2, and Ministry. The Ministry of
environmental applied the opinion within 30 days of receipt of the said
the supporting documents. For serious reasons, that the Ministry of the environment
shall notify the regional office no later than 30 days from the receipt of the documentation, the
the time limit for the application of the opinion extends, to a maximum of 30 days. If
The Ministry of the environment, the opinion does not apply within the time limit referred to in
the second sentence by the extended deadline, it is possible for spatial development policy
even without his opinions.
(7) If the assessment of a significant impact on the European site or bird
the area shows that the spatial development policy have a significant negative impact
the favourable conservation status of the subject of protection or the integrity of the European major
site or bird area, proceed in accordance with § 45i Protection Act
nature and landscape. Compensatory measures shall state the Ministry of
environment in the opinion referred to in section 4, paragraph 4. 2 (a). (b)).
(8) the Ministry of the regional authority shall forward the opinion to the draft policy
spatial development aspects of ensuring the coordination of the use of the territory,
in particular, with regard to the broader territorial relations and international obligations, and
accordance with the policy of territorial development, and within 30 days from the receipt of the
the supporting documents referred to in paragraph 6, first sentence. If the opinion has not sent in
the prescribed time limit, it is possible for spatial development policy issue without his
the opinion.
(9) in the event that the Ministry notifies the regional office in its opinion on the
the shortcomings of the aspects referred to in paragraph 8, you can initiate the
principles of territorial development to the Ministry on the basis of confirmation of
Elimination of deficiencies.
section 38
the title launched
(1) the regional office shall evaluate the results of the review of the draft land use policy
development and ensure resolution of any discrepancies (§ 4, paragraph 8).
(2) If a proposal of territorial development policy contains a variant of the solution,
propose a regional office on the basis of the evaluation of the results of the consultation and
evaluation of the effects on the sustainable development of the territory of a member of the County to
approval of the selection of the most suitable variants that may contain terms and conditions
to editing. In the extent to which these conditions deviate from the message
on the application of spatial development policy, are changing. The City Government
the County is in the approval of the authorities concerned, or be bound by the opinions of the
the result of the resolution of conflicts. On the basis of the results of the consultation, evaluation of the
the effects on the sustainable development of the territory and the approval of the most suitable Variant
the regional office shall modify the draft.
(3) if the Regional Office on the basis of the results of the consultation to the conclusion that
It is necessary to purchase a new policy proposal of territorial development, propose guidelines
for its processing. The draft guidelines will require the opinion of the Ministry of
the environment and the opinion of the competent authority for nature protection
According to § 45i Act on nature and landscape protection. The Ministry of the environment
environment in its opinion as to whether the new proposal is to be assessed from the
environmental effects on the environment, where appropriate, provides more detailed
requirements referred to in § 10i Act on the assessment of the effects on the environment.
The draft guidelines together with the reasoning of the Board of the County to
approval. The extent to which these guidelines depart from the report on the
the application of spatial development policy, are changing.
Management of spatial development policy
section 39
(1) adjusted and posouzený the draft spatial development policy, evaluation of the
the effects on the sustainable development of the territory and the announcement of the public
discussion of the regional authority shall transmit to the public a decree. Public
^ 21) draft discussion and evaluation takes place not earlier than 15 days after the date of
delivery. The public consultation of the regional authority invites individually
the Ministry, the authorities concerned, the municipalities in the respective territories and the village adjacent to the
This territory (hereinafter referred to as ' the village ') and the neighbouring region, and at least
30 days in advance.
(2) the municipality Concerned, the owner, Manager or operator of the public transport
or public technical infrastructure (hereinafter referred to as "true investor") and
the representative of the public may lodge objections against the proposed land-use policy
the development of. Objection on the grounds and the definition of the territory can be applied
within 7 days from the date of the public hearing. The authorities concerned and the Ministry of
apply at the same time the opinion to parts of the solution that has been
the joint hearing (§ 37 (2)). At the same time, each
to comment on the proposal and the evaluation. To later applied
objections, opinions and comments will be taken into account. The municipalities concerned,
legitimate investor and representative of the public, this fact must be
be notified.
(3) the opinions, comments and objections in matters, which were
decided when the approval of policy development, shall be disregarded.
(4) the regional office shall evaluate the results of the consultation and processes with regard to the
public interests, the draft decision on the objections and the draft evaluation
the comments. Proposals to the authorities concerned, and shall deliver to the Ministry and invite them
to them within 30 days of receipt of the opinion of the apply. If
the authority concerned or the Ministry of opinion within that period shall not apply,
It is considered, that agree to the proposals. If necessary, the Regional Office
ensure that the adjustment of the draft spatial development policy in accordance with the results of the
consultation.
(5) If, on the basis of public consultation for a substantial modification of the proposal
principles of territorial development, the regional authority shall request the opinion of the Ministry of
the environment and the opinion of the competent authority for nature protection
According to § 45i Act on nature and landscape protection. The Ministry of the environment
environment in its opinion as to whether substantial modification requires the assessment
in terms of the effects on the environment, where appropriate, provides more detailed
requirements referred to in § 10i Act on the assessment of the effects on the environment.
Modified design and, where appropriate, modified or supplemented by the assessment of the effects on the
the sustainable development of the territory, the extent of these modifications will discuss the
repeated public consultation; proceed by analogy with the
paragraphs 1 to 3. The opinions of the institutions concerned, objections and comments can be
to apply no later than the repeated public consultation, otherwise to them
be taken into account.
(6) if the basis of the discussion of the proposal should be part of the policy of the territorial
the development of completely rework, the regional authority shall include the requirements for the
revision to the report on the application of the principles of territorial development for the past
the period. Part of the spatial development policy, which complies with the requirements on the issue,
It is possible to issue separately.
section 40
(1) the Office shall examine the compliance of Regional policy, in particular the draft spatial development
and with the policy of spatial development),
(b)) with the objectives and tasks of spatial planning,
(c)) with the requirements of this Act and its implementing legislation,
(d)) with the requirements of the specific legislation, and with the opinions of the concerned
authorities in accordance with the specific legislation ^ 4), with the result
resolution of conflicts.
(2) part of the justification for the policy of territorial development is in addition to the requirements of the
resulting from the administrative procedure in particular
and the result of the examination) in accordance with paragraph 1,
(b) basic information on the results) evaluation of effects on sustainable
the development of the territory, including the results of the evaluation of effects on the environment,
(c)) the opinion pursuant to section 37, paragraph. 6,
(d)), as was the opinion of the communication referred to in section 37, paragraph. 7 taken into account, with the
giving serious reasons, if some of the requirements or conditions
have not been taken into account,
(e) a comprehensive justification for the adopted solution), including selected variants.
(3) However, if the person acquiring the goods in the course of the proceedings concluded that the proposal is
spatial development policy in conflict with the law or with the requirements of
in paragraph 1, it shall submit a proposal for its rejection.
(4) the Requirements of the environmental impact assessment of the content of sustainable development of the territory
the implementing legislation.
§ 41
The issue of territorial development policy
(1) the regional office shall submit to the Council a proposal on the issue of the County policy
territorial development with their reasoning.
(2) the County Council before issuing a policy's territorial development checks
If not in conflict with the policy of territorial development, with the opinions of
the institutions concerned or the result of conflict resolution and the opinion of the
of the Ministry.
(3) if there is a change or cancellation of the decision on the objections, is the region of the
must indicate the territorial development policies in accordance with this decision;
in the meantime, unable to decide and follow those parts of the policy
spatial development, which are defined in the decision on the annulment of the decision
the statement of objections.
(4) the County is obligated to reconcile the principles of territorial development with
approved spatial development policy. In the meantime, unable to decide and
follow parts of the spatial development policy, which are in contradiction with the
subsequently approved the policy of territorial development.
(5) Territorial Development Policy cannot be changed by the decision pursuant to § 97 paragraph. 3
of the administrative code.
section 42
Spatial development policy update
(1) Regional Office buys a draft report on the application of the principles of the territorial
the development in the past period and shall transmit it to the Ministry, the authorities concerned,
the neighboring regions, the municipalities concerned, to the competent authority for nature protection and
The Ministry of the environment. Within 30 days from the receipt of the proposal can
apply at the Regional Office of the Ministry and the authorities concerned with the representation of the
the requirements on the content of the message, and the Ministry of municipalities comments
environment opinion processed according to the criteria of Annex 8 of the law on
assessment of the effects on the environment, stating whether they are to be
updates or new policy development proposal assessed in terms of
the effects on the environment and, where appropriate, shall lay down the requirements pursuant to § 10i
the law on the assessment of the effects on the environment. The competent authority of the protection
nature shall forward the opinion referred to in § 45i law on nature protection and
landscape of the regional authority and the Ministry of the environment no later than 7
days before the expiry of the time limit for the application of the observations, comments and
the opinion. To the statements and the observations made by applied after the specified time limit, the
be taken into account.
(2) the regional office shall forward the draft report on the application of the principles of the territorial
the development of a public decree. Within 15 days from the date of delivery of each to
the proposal to apply the written comments. To later cited comments made by the
be taken into account.
(3) Regional Office draft report adjusted according to the results of the consultation and
submit it for approval to the Board of the County not later than 4 years after the
the issue of territorial development policy or their last update.
(4) when updating the spatial development policy on the basis of an approved report
on their application in the changing parts of the proceeds by analogy with the
the provisions of section 36 to 41, with the exception of the evaluation of the effects of the policy update
development on the sustainable development of the territory, which handles only
If the Ministry of the environment in the opinion referred to in paragraph 1
stated that this update is to be assessed in terms of the effects on the
the environment. Regional Office shall ensure that a copy of the principles of the territorial
development involving legal status after the release of the last update and this
the copies shall bear record of efficiency.
(5) on the basis of the requirement set out in the report can be processed by the new
the draft spatial development policy.
(6) if there is a cancellation of part of the spatial development policy, or if you cannot
According to them, make decisions on the basis of § 41, paragraph. 3 and 4, or if the County
filed by authorized investor proposal on territorial development policy update
due to the development of public transport or technical infrastructure [§ 2
paragraph. 1 (a). to)], the City Government of the region, without delay, shall decide on the
spatial development policy and update its content. Report on the application of
spatial development policy, in this case nepořizuje. When you update
proceed by analogy with § 36, § 37, paragraph. 2 to 9 and § 38 to 41. To
the draft spatial development policy update, the regional authority shall ensure
evaluation of the effects on the sustainable development of the territory. If there is a cancellation
the whole territorial development policy, when the last
the Act, which was not clearing the doubt.
(7) if the acquisition of territorial development invoked policy updates
the sole need for the petitioner, may make the region its acquisition
partial or full payment of the costs of processing, including
evaluation of the effects on the sustainable development of the territory and the reimbursement of costs pursuant to section
paragraph 45. 2 the complainant. If the acquisition of spatial policy updates
the development raised the approval of development policy or its
the update stops costs thus induced spatial policy update
the development and cost of the changes, territorial plans, the Ministry of finance, with the
except in cases where the relevant part of the spatial development policy or
the update, which provoked a change, is clearly in favour of the development of the
or the protection of the values of the territory of the region, or on a proposal from the region was adopted.
(8) the content elements on the application of spatial development policy
lays down detailed legal prescription.
Section 2
Territorial plan
§ 43
(1) the master plan establishes the basic concept of the development of the territory of the municipality, the protection of
its values, its spatial and spatial arrangement (hereinafter referred to as
"urban concept"), the arrangement of the landscape and the concept of the public
infrastructure; define built-up territories, areas and corridors, in particular
zastavitelné areas and areas designated to change existing buildings, to
restore or reuse znehodnoceného territory (hereinafter referred to as "area
the reconstruction "), for public utility construction, for the public good
measures and for territorial reserves and lays down the conditions for the use of these
areas and corridors. Nadmístního the importance of the issues that are not resolved
spatial development policy can be part of the master plan, if
This regional office in its opinion pursuant to § 50 paragraph. 7 because of the significant
the negative effects of transboundary municipality ruled out.
(2) in the territorial plan for the area or corridor can be defined, in which is
decisions on changes in the territory subject to the Treaty with the land owners and
the buildings, which will be affected by the proposed project, which must
be consent with this intent and consent with the distribution of the costs and prospěchů
connected with its implementation (hereinafter referred to as the "agreement on parceling"), the processing of
territorial studies or issuing regulatory plan. In the case of the making of the
decisions of territorial studies are part of the urban plan, the conditions for
its acquisition and a reasonable period for the insertion of data in the register of her territorial
planning activities (section 30 (4)); a waste of the expiry of the limit of changes
in the territory of the lapses. In the case of the making of the decision to the regulatory plan is
part of the plan specify the regulatory plan and the regulatory plan
on the initiative of a reasonable period for its release. A condition of the release of the regulatory
the plan of the initiative shall be valid until the expiry of the waste.
The issue of regulatory plan on condition the request ceases to be valid if the
the issue does not occur within one year from the submission of a complete application in accordance with the
the regulatory plan.
(3) the territorial plan in context and the details of the territory of the municipality of refines and
develops the objectives and tasks of spatial planning in accordance with the principles of the territorial
the development of the region and with the policy of territorial development. Territorial plan
evaluation of the effects on the sustainable development of the territory must not contain
details pertaining to the regulatory content of the plan or the zoning
by decision.
(4) the plan shall be drawn up and issued for the entire territory of the community, for the whole
the territory of the city of Prague, where appropriate, for the whole territory of the military district.
On the making of the territorial plan of the military district shall apply mutatis mutandis
the provisions of § 43 to 47, § 50 to 55 and 57. Territorial plan may be taken
and issued for the stage, part of the territory of the city of Prague. Territorial plan
to be issued in the form of the measures of a general nature according to the administrative procedure.
(5) the master plan is binding for the acquisition and release of regulatory plan
the top of the village, for the decision-making in the territory, in particular for the issue
territorial decisions. The provision of resources from the public budget by
specific legislation on the implementation of the changes in the territory must not be in
contrary to the issued by the municipal plan. Territorial plan of the capital city of Prague is
binding for the territorial plan for the defined part of the territory of issued capital
the city of Prague.
(6) the particulars of the content planning and General requirements for the use of
the territory shall determine the implementing legislation.
§ 44
Acquisition planning
The acquisition plan is decided by the Council of the municipality
and) on its own initiative,
(b) on a proposal from the authority) public administration,
(c)) on the proposal for a citizen of the community,
(d)) on the proposal for a physical or legal person, who has the ownership or
similar rights to the land or the construction on the territory of the municipality,
(e) on a proposal from the legitimate Investor).
section 45
Payment of the cost of acquisition of the land-use plan
(1) the processing costs of the territorial plan of the designer, and on the evaluation of the
the effects on sustainable development of the territory, shall be borne by the municipality, which decided about the acquisition.
(2) if the acquisition plan land use changes resulting from land-use policy
the development or updating of the following costs shall be borne by the region, with
except in cases where the relevant part of the territorial policy updates
the development, which change the zoning plan, was issued on the basis of the
the exclusive needs of the concerned municipality.
(3) the costs associated with processing the zoning plan are paid by the customer.
The cost of the necessary maps shall be reimbursed by the municipality, for which takes
territorial plan of the Office of planning, if the municipality agree otherwise.
(4) if the acquisition plan land use changes invoked the sole need for
the petitioner, may make the acquisition of the village of its partial or complete
the payment of the cost of its processing, on the assessment of the effects on sustainable
the development of the territory and in the map data provided by the applicant.
section 46
A proposal for the acquisition of the land-use plan
(1) a proposal for the acquisition of the land use plan shall be filed in the village, for whose territory
the master plan, and contains
and) information allowing identification of the appellant, including putting his
property or similar rights to the land or the construction on the territory of the municipality,
(b) the proposed change) data on the use of the areas on the territory of the municipality,
(c) the present use) data on the areas concerned by the proposal of the applicant,
(d)) the reasons for the acquisition of land use plan, or its amendments,
(e) the cost recovery proposal) on the acquisition of the land-use plan.
(2) the person acquiring the goods after receipt of a proposal for the acquisition of land use plan shall consider the
the completeness of the proposal, its compliance with the law and in the case of shortcomings
invite the applicant to remedy them within a reasonable time. Not delete-if
the proponent the deficiencies in the required manner and within the prescribed period,
the maker of the proposal rejects, shall inform the applicant accordingly and
submit information about a member of the village to the competent to issue
the zoning plan.
(3) if the proposal meets all the prescribed requirements, the maker of it
and, with their opinion, without delay, submit to the decision of the
the village Council responsible for the issue of a territorial plan. On the outcome of
the Municipal Council of the municipality shall inform without delay the negotiations of the petitioner and the Office
land-use planning.
section 47
Specify the spatial plan
(1) On the basis of the decision of the Municipal Council of the village of territorial acquisitions
the plan, based on the spatial analysis of the supporting documents and using
additional surveys and analyses, the maker, in collaboration with the specified
a member of the Council (hereinafter referred to as the "designated representative") will process the proposal
specify the spatial plan. The proposal lays down the main objectives and entry requirements
the processing of the draft zoning plan, define, where appropriate, the territory of the solved
the territorial plan for the defined part of the territory of the city of Prague.
(2) the Customer shall send the draft zoning plan specifying the authorities concerned,
the neighboring municipalities, the regional authority. In the case of acquisition of land use plan
other municipal authority shall send customer a proposal specifying whether or not the municipality, for the
that it takes. The maker delivers a proposal specifying a public decree.
Within 15 days from the date of delivery of each can apply for the maker of the written
the comments. Within 30 days of receipt of the award can the authorities concerned and the
Regional Office as a superior authority to apply for the maker of the statement in the
where the requirements on the content of the zoning plan arising from the legal
legislation and planning documents. In the same period, the County shall apply
Office as the competent authority for the maker of the opinion, the neighbouring municipalities can
exercise suggestions. No later than 7 days prior to the expiry of this period shall deliver
the competent authority for nature protection to the customer and to the competent authority
the opinion referred to in § 45i Act on nature and landscape protection. To
comments, statements and initiatives applied after these deadlines, the
be taken into account.
(3) the regional office as the competent authority in the opinion referred to in paragraph 2
indicate whether the proposal should be assessed in terms of the urban plan of the environmental impact
the environment, lays down more detailed requirements, as appropriate, in accordance with § 10i
the law on the assessment of the effects on the environment. If the proposal is to be
land-use plan evaluated in terms of the effects on the environment or
If the competent authority for nature protection in the opinion of the law according to § 45i
on nature and landscape protection did not rule out a significant impact on the European
important bird area or ^ 11), maker of the proposal
Enter a request for evaluation of effects on the sustainable development of the territory.
(4) on the basis of the results of the examination to the person acquiring the goods, in cooperation with the specified
Councilor modifies the proposal and submit it for approval.
(5) specify the zoning plan approved, the Municipal Council of the municipality for which the
the territory's territorial plan drawn up. In justified cases, or on the initiative of
of the authority concerned ^ 11) ^ 12) the Council of the municipality in the stores
processing of variant solutions of the draft zoning plan.
(6) the formalities for entering content master plan lays down detailed legal
prescription.
the title launched
section 48
cancelled
section 49
cancelled
The draft master plan
section 50
the title launched
(1) on the basis of the approved zoning plan or approved award
the guidelines for the drafting of the territorial plan of the maker of the record shall be made for the community
processing of the draft zoning plan and the evaluation of effects on sustainable
the development of the territory, if the handles. Evaluation of the effects of the elements content
on the sustainable development of the territory in the scope of § 19 paragraph. 2 lays down the detailed
legal prescription.
(2) the maker shall notify the place and time of holding joint meetings on the draft
urban plan and evaluation of its effects on the sustainable development of the territory,
If the handles, at least 15 days in advance, the authorities concerned individually,
the regional authority, the village, which is the master plan drawn up, and the neighboring
municipalities; at the same time the regional authority shall forward the draft zoning plan for assessment
in accordance with paragraphs 5 to 7, together with the evaluation of its impact on sustainable
the development of the territory, if the handles. The authorities concerned shall invite the application of the
opinions within the time limit of 30 days from the date of the hearing. At the same time can
the neighboring municipalities to comment. To later cited opinions and
comments will be taken into account.
(3) the Customer shall forward the draft zoning plan and the evaluation of the effects of the proposal
the territorial plan for the sustainable development of the territory, if the processes,
a public decree. Within 30 days from the date of delivery of each can apply for
the maker of the written comments. To later cited comments made by the
be taken into account.
(4) if in the evaluation of the effects of the proposal on the urban plan
environment detected a significant negative impact on the territory of a neighbouring State,
the maker, in collaboration with the Ministry of Foreign Affairs shall forward the draft
the territorial plan to the competent authorities of the neighbouring State, whose territory may
be directly affected by the application of a territorial plan, and offer him the
consultation. If these authorities to consult interested acquirer
in cooperation with the Ministry of Foreign Affairs to participate in consultations;
invited to participate, the Ministry of the environment and the regional office.
(5) if the assessment of the effects of the processes of sustainable urban plan
the development of the territory, the customer shall send the opinions, comments and results
the consultations provided for in paragraphs 2 to 4, the competent authority as a basis for
opinion on the draft of the concept according to § 10 g of the law on the assessment of
the effects on the environment, that is not the opinion referred to in section 4, paragraph 4. 2.
The opinion of the competent authority shall apply within 30 days of receipt of this
the supporting documents. For serious reasons, that the competent authority shall communicate to the customer
not later than 30 days from the receipt of the documents, the time limit for the application of the
opinion, no extended for 30 days. If the competent authority
the opinion does not apply within the time limit referred to in the second sentence by the extended deadline,
It is possible to plan to issue his opinion.
(6) If the assessment of a significant impact on the European site or bird
the area shows that the plan has a significant negative effect on the positive
the status of the subject of protection or the integrity of some of the major European
site or bird area, which was not subject to an assessment issued by the
spatial development policy in terms of these influences, proceed according to section
45I Act on nature and landscape protection. Compensatory measures shall
the competent authority for nature protection in the opinion referred to in section 4, paragraph 4. 2 (a).
(b)).
(7) the regional office will send to the customer opinion on the draft zoning plan
from the aspects of ensuring the coordination of the use of the territory with regard to the wider
territorial relations, policy development, and with the exception of
the territorial plan for the territory of the city of Prague accordance with territorial
planning documentation issued by the region. If the opinion does not send within 30
days of receipt of the opinions, observations and the results of the consultations, it is possible to
territorial plan to issue his opinion.
(8) in the event that the Regional Office notifies the opinion maker on
the shortcomings of the aspects referred to in paragraph 7, you can initiate the
the territorial plan to the Regional Office on the basis of confirmation of the removal
the shortcomings.
section 51
the title launched
(1) the Customer in cooperation with designated Councilor shall evaluate the results of the
review of the draft zoning plan and shall address any discrepancies (§
4 (4). 8); on the basis of the evaluation of the results of the consultation, the outcome of the solution
evaluation of the environmental impact of conflicts and sustainable development of the territory, if
processes, ensure that modify the proposal.
(2) If a draft zoning plan contains the variant solution shall submit to the
the maker on the basis of the evaluation of the results of the consultation, the outcome of the solution
evaluation of the environmental impact of conflicts and sustainable development of the territory, if
processes, the Corporation of the municipality to approve the proposal for the selection of the most appropriate
variants that may contain terms and conditions to her. To the extent that
which of these terms deviate from entering the territorial plan, its
the change. The Municipal Council of the municipality is bound by the opinions of the approval
the institutions concerned or the result of resolution of conflicts.
(3) if the customer on the basis of the results of the consultation to the conclusion that it is
required to purchase a new draft zoning plan, processes, in cooperation with
draft guidelines for designated elected its processing. The draft guidelines
customer's shall request the opinion of the competent authority and the opinion of the
the competent authority for nature protection in accordance with § 45i law on nature protection
and the landscape. In the opinion of the competent authority shall indicate whether the modified
proposal assessed in terms of the effects on the environment, where appropriate the
more detailed requirements under section 10i law on environmental impact assessment
environment. The draft guidelines for the processing of the draft zoning plan shall submit to the
the maker, along with the rationale of the Corporation of the municipality for approval. In
to the extent that these deviate from the instructions specify the zoning plan,
his change.
The management of the territorial plan
section 52
(1) adjusted and posouzený the draft zoning plan, the evaluation of environmental effects
the sustainable development of the territory, if the handles, and the announcement of the
public consultation the maker delivers a public decree. Public
^ 21) draft discussion and evaluation takes place not earlier than 15 days after the date of
delivery. Public discussion of the maker of individually invited municipality,
the master plan drawn up, the authorities concerned, the regional office and
the neighboring municipalities, and at least 30 days in advance.
(2) objection to the draft plan may submit only the owners
the land and buildings of the concerned draft resolution, true investor and
the representative of the public.
(3) not later than 7 days from the date of the public hearing may each
apply your comments and the person concerned, referred to in paragraph 2 of the opposition, in the
which must give reasons, the information referred to in the real estate cadastre
documenting the rights concerned and to define the territory concerned in the objection. The concerned
authorities and the regional office as the superior authority shall apply at the same time
opinions on the parts of the solution that they were from the joint hearing (§ 50)
modified. To later cited opinions, comments and objections will
be taken into account. The persons concerned entitled to opposition must be on this
the fact notified.
(4) the opinions, comments and objections in matters, which were
decided when the issue of territorial development policy or regulatory plan
issued, shall be disregarded.
section 53
(1) the Customer in cooperation with designated Councilor shall evaluate the results of the
consultation processes with regard to the public interests of the proposal for a decision of the
objections and comments to the proposal evaluation applied design of spatial
the plan. Proposals deliver the authorities concerned and the regional office as a
superior authority and invite them to join them in a period of 30 days from the receipt of the
apply the opinion. If the authority concerned or the regional office as a
the superior authority shall not apply the opinion in due time, it is considered that, with the
the proposals of the maker agrees. If necessary, the customer shall ensure that the
for the community design plan in accordance with the results of the consultation.
(2) If, on the basis of public consultation for a substantial modification of the proposal
Zoning Plan, customer shall request the opinion of the competent authority and
the opinion of the competent authority for nature protection act § 45i
nature and landscape protection. In the opinion of the competent authority, indicating whether
be assessed in terms of the modified proposal of the effects on the environment,
shall determine the detailed requirements under section 10i law on the assessment of
the effects on the environment. The modified proposal and any modified or
supplemented by evaluation of the effects on the sustainable development of the territory, to the extent
These adjustments will discuss on repeated public consultation; While
proceed by analogy with § 52.
(3) If on the basis of consideration of the need to rework the draft zoning plan
proceed by analogy with § 51 paragraph. 3.
(4) the Customer shall examine the compliance of the draft zoning plan in particular
and with the policy of spatial development) and planning documentation, issued by the
region,
(b)) with the objectives and tasks of spatial planning, in particular with the requirements for protection
architectural and urban values in the territory and the requirements for
protection of the lineside territory,
(c)) with the requirements of this Act and its implementing legislation,
(d)) with the requirements of the specific legislation, and with the opinions of the concerned
authorities in accordance with special laws, předpisů4), where applicable, with the result
resolution of conflicts.
(5) part of the justification of the zoning plan is in addition to the requirements of the
resulting from the administrative procedure in particular
and the outcome of the review of the zoning plan) in accordance with paragraph 4,
(b) report on the assessment of environmental effects) on the sustainable development of the territory containing the
basic information about the results of this assessment, including the results
evaluation of the effects on the environment,
(c)) the opinion of the regional office under section 50, paragraph. 5,
(d)), as was the opinion of the communication referred to in section 50, paragraph. 5 take into account with
giving serious reasons, if some of the requirements or conditions
have not been taken into account,
(e) a comprehensive justification for the adopted solution), including the selected Variant
(f) assessment of the efficient use of the land) of the territory and the evaluation of the needs of the
definition of the zastavitelných areas.
(6) if the person acquiring the goods in the course of the proceedings concluded that the proposal is
the zoning plan in violation of the law or the requirements set out in
paragraph 4, it shall submit a proposal for its rejection.
§ 54
The issue of the territorial plan
(1) the Customer shall submit to the Council a proposal on the issue by the competent municipality
urban plan with his reasoning.
(2) the Municipal Council of the municipality shall issue a territorial plan, after verifying that it is not in breach of
with the policy of territorial development with the planning documentation released
region, or the result of resolution of conflicts and to the opinions of the institutions concerned
or the opinion of the regional office.
(3) in the event that the Council does not agree with the proposal submitted by the municipality
land-use plan or with the results of its consultation, the proposal returns
to the customer with instructions on how to modify and reconsideration or
will be rejected.
(4) if there is a change or cancellation of the decision on the objections, the municipality
required to include the territorial plan in accordance with this decision; in the meantime,
Unable to decide and follow those parts of the land-use plan, which
are defined in the decision on the cancellation of the decision on the objections.
(5) the municipality is obliged to reconcile territorial plan with the planning
documentation issued by the region and then subsequently approved by the policy
territorial development. Until then, you cannot make decisions according to the parts of the territorial
the plan, which are in contravention of planning documentation, then
issued by the region or with the policy of territorial development.
(6) the plan cannot be changed by the decision pursuant to § 97 paragraph. 3 administrative
of the order.
section 55
Evaluation of the land use plan and its amendments
(1) the Customer shall submit to the Council of the municipality not later than 4 years after the
the issue of land use plan and then regularly at least once every 4 years
on the application of a territorial plan in the previous period. On the discussion of the draft
This report shall apply mutatis mutandis to § 47 odst. 1 to 4, and its approval is
apply by analogy to § 47 odst. 5. where are the guidelines for design
changes to the zoning plan part of this news, advancing further in the range
This change, by analogy with the provisions of § 50 to 54.
(2) if there is no change in the zoning plan purchased on the basis of the report of the
the application of land-use plan or procedure referred to in paragraph 3, shall be
Furthermore, the extent of this change, mutatis mutandis, by sections 43 to 46 and sections 50 to 54 and
mutatis mutandis under section 47.
(3) if there is a cancellation of part of the land-use plan or if it
to decide on the basis of § 54 paragraph. 4 and 5, the Municipal Council of the municipality shall promptly
decide on the acquisition of the land-use plan or its amendments and its content.
Report on the application of zoning or entering changes to zoning plan
in this case, do not process. The extent of this change further progresses
Similarly, under section 43 to 45, § 50 paragraph. 2 to 8 and sections 51 to 54; the evaluation of the
the effects of changes in land-use plan for the sustainable development of the territory in putting
the zoning plan in accordance with the territorial planning documentation of the region
does not handle. If there is a cancellation of the entire plan in the making
binds the last act, which has not been challenged by the cancellation.
(4) other zastavitelné areas can be defined only by changing the zoning plan
on the basis of proof of the impossibility of use already defined zastavitelné desktop
definition of the zastavitelných and the needs of new areas.
(5) the person acquiring the goods to a municipality shall ensure that a copy of the zoning plan covering
legal status after the release of his changes and this copy shall bear record
efficiency.
(6) the Substantive elements on the application of a territorial plan and its
the changes laid down detailed legislation.
section 56
Measures against delays in the procurement of a territorial plan
If it is in the processing and consideration of the proposal to specify or design of the territorial
Plan 1 year from the time limit is exceeded the previous decision of the Municipal Council
the village, and the activity of the maker is provided under section 6 (1). 1 (a). (c))
or pursuant to section 6 (1). 2, is the person shall without undue delay
submit to the Council of the municipality for which the plan is drawn up,
proposal for a decision on the further procedure of acquisition of land use plan, if
the Municipal Council of the village when you enter the zoning plan does not specify a longer period.
§ 57
United acquisition plan land use and regulatory plan
In justified cases it may be, by decision of the Municipal Council of the municipality
join the acquisition of spatial plan and the regulatory plan. United public
consultation must meet the requirements for consideration of the spatial plan
the regulatory plan.
section 58
Built-up territory
(1) on the territory of the municipality is defined in one or more of the built-up territory.
The boundary line of the territory consists of one component led by the border of the parcels
in exceptional cases, it forms the fracture points of the existing connector
borders or points on these borders.
(2) The developed territory includes the land ranked, with the exception
vineyards, hop gardens, plots of agricultural land designated for the provision of
Special agricultural production (gardening) or land adjacent to
frontier ranked returned to arable land ^ 22) or in the forest
land ^ 22), and on land outside ranked, and it
and built-up land, building)
(b) the construction, vacant lot)
c) infrastructure or parts thereof, from which they are entrances to the
other land developed territory,
(d)) the other public spaces ^ 1),
(e)) for more land, which are surrounded by other land developed
the territory, with the exception of the land of vineyards, hop gardens and gardening.
(3) the Built-up territory is defined in the land use plan and its updates
the change.
Definition of the developed territory of
section 59
(1) if it is not issued by a territorial plan, the municipality may decide on the acquisition of the definition
developed its territory municipal authority (§ 6 (2)) or request
the acquisition of the definition developed territory Office of land use planning, which
at the same time shall transmit a copy of the cadastral maps of the territory concerned and a copy of the map with the
marked as intravilánem, if intravilán is not indicated in the land registry
a map.
(2) the Built-up territory defined pursuant to section 58, paragraph. 1 and 2 and
the form of the measures of a general nature ^ 23).
(3) the person acquiring the goods within 60 days of receipt of the application and the relevant map
documents or from the decision on the acquisition suggests the definition developed
territory and shall convene a local investigation with the participation of affected communities and the institutions concerned
or essays advocating the public interests in the field of the protection of nature and the landscape, the protection of
agricultural land resources, forest protection and the State historic preservation;
the venue of the local investigation shall be notified at least 15 days in advance.
(4) the authorities concerned will apply its opinions within 30 days from the date of the local
the investigation, otherwise to them.
(5) the Customer modifies the proposal definition developed territory in accordance with the
the opinions of the institutions concerned, where appropriate, the results of the resolution of conflicts.
section 60
(1) the person acquiring the leads on the proposal developed territory negotiated with
the authorities concerned the procedure for its issuance; objections may be made only by
the owners of the land referred to in § 58 paragraph. 2 and the owners of the adjacent
land.
(2) the definition of the developed territory shall be published and shall be issued by the competent
the village.
(3) on the basis of the applicable opinions and assessment of the opposition adjusts
the maker of the design of the built area, including a justification, which is always
includes evaluation of compliance with § 58 paragraph. 1 and 2.
(4) If, on the basis of the management to change the design, the maker of the
This change with the municipalities and local authorities involved in the investigation.
the venue of the local investigation shall be notified at least 15 days in advance. About the consultation
letter, in which the authorities concerned may exercise their opinion; to
later cited opinions shall be disregarded.
(5) the definition of the built of the territory may be issued only if it is in accordance with the
the results of the consultation. In the case of a municipality, the Council disagrees with the submitted
the design or with the results of his examination, shall approve instructions for the
rework the proposal and return it to the customer to edit and the new
consultation. Instructions for reprocessing must be in accordance with § 58 paragraph. 1 and
2.
(6) if there is a cancellation of the decision on the objections, or change, in
as a result it is necessary to change the defined built-up territory, shall cease to be
the definition developed territory of validity. Definition of the developed territory of
shall cease the release plan, the built-up territory
took over. Definition of the developed territory cannot be changed in the review
According to the administrative procedure.
Section 3
Regulatory plan
section 61
(1) the regulatory plan designed desktop provides the detailed conditions for the use of
the land for the location and layout of buildings, for the protection of
the values and character of the territory, and for the creation of a favourable environment
environment. Regulatory plan always lays down the conditions for the definition and usage
the land for the location and layout of the buildings of the public
infrastructure and define the public utility buildings or public good
the measures.
(2) the regulatory plan is binding for the decision-making in the territory, the regulatory plan
issued by the region is binding for territorial plans and regulatory plans, issued by the
the municipalities. The regulatory plan to replace the territorial decision; in this
the regulatory plan provides that territorial decision
replaced by. The regulatory plan cannot replace the territorial decision for
the intention, subject to the assessment of the effects on the environment by
special legal regulation.
(3) the particulars of the content of the regulatory Plan lays down detailed legal
prescription.
section 62
The acquisition of the regulatory plan
(1) the regulatory plan is issued at the initiative or on request, in the form of the measures
of a general nature according to the administrative procedure.
(2) on the acquisition of the regulatory plan of the initiative, may decide on its own
or other initiative
and in the desktop) or the corridor defined by the principles of
territorial development,
(b) the Municipal Council of the municipality in the desktop) or the respective corridor master plan,
(c)), unless the municipality issued the territorial plan in a built-up area
or in the undeveloped territory only if does not change its nature,
(d) the Ministry of defence in the area), which is part of the military district; on
the making and release of the regulatory plan applies, mutatis mutandis, the provisions of
§ 61 to 75.
(3) the regulatory plan on the request may be issued at the request of a natural or legal
persons, if the land development policy or plan, and if the
Enter the part of the regulatory plan.
section 63
Payment of the cost of acquisition of the regulatory plan
(1) the processing costs of the proposal of the regulatory plan of the initiative
the designer shall be borne by the municipality or region responsible for its release. If there is a
processing of regulatory plan raised the need for another person, the exclusive
can the relevant Council decision to make its acquisition in
partial or full reimbursement of the cost of processing the draft regulatory
Plan of the designer and the map data.
(2) When making regulatory plan on request and paid by its
processing, map data and consultation with the relevant authorities of the applicant.
(3) the costs associated with processing the regulatory plan shall be borne by customer.
The acquisition of the regulatory plan of the initiative
section 64
(1) the initiative to make the regulatory plan contains, in addition to the General
basic information about the requirements for filing the required intent, identify
land use data on the current stage, the reasons for and purpose of the
the acquisition of the regulatory plan, proposal, that territorial regulatory decision
the plan and the proposal replaces his award, if it is not part of the planning
the documentation. The complaint shall be filed in the county or municipality responsible for the issue
the regulatory plan. The relevant Council shall decide on the acquisition
the regulatory plan and shall circulate the proposal specifying the modified according to your requirements
to the customer, otherwise the initiative.
(2) If you do not specify the regulatory plan part of the master plan, or
principles of territorial development processes the customer design award. Design award
the maker of the
and deliver a public decree,)
(b)) shall send to the authority concerned; in the event that the customer is another municipal
the Office shall send is also the municipality for which the regulatory plan be drawn up.
(3) each can apply for the acquirer within 15 days from the date of delivery of the
the proposal specifying the regulatory plan in writing of the requirements for the content type.
The authorities referred to in paragraph 2 (a). (b)) may apply, within 30 days from the
receipt of the draft entry for the maker of the statement shall
the requirements on the content of the award. To later cited the requirements of and the expression of
shall be disregarded.
(4) on the basis of the applicable requirements and representation of a customer modifies the
the proposal specifying the regulatory plan and submit it to the competent board
for approval. Along with the design of the award shall submit the evaluation as
applied requests and comments to his proposal incorporated.
(5) Council approves the municipalities or regions, which decided to
the acquisition of the regulatory plan, if you do not specify the part of the issued by the territorial
planning documentation.
(6) the Substantive requirements initiative lays down detailed legal prescription.
section 65
(1) on the basis of the approved entering the maker for the municipality or County
ensure that the processing of the draft regulatory plan, including information about the impact of
the intent of the territory and of its claims on public transport and the technical
infrastructure and the representation of the owners of the infrastructure.
(2) the Customer shall be notified individually to the authorities referred to in § 64 paragraph. 2 (a).
(b)) and the municipalities concerned, the place and time of holding joint meetings on the draft
the regulatory plan, and at least 15 days in advance. At the same time these authorities
ask for the application of the opinions on the draft regulatory plan within 30 days from the date of
the day of the joint meeting. To later cited opinions shall be disregarded.
Received the opinion of the competent authority shall send to the person acquiring the goods.
(3) the Customer shall forward the draft regulatory plan a public decree. To
15 days from the date of delivery may apply in writing for each of the maker
comments on the draft of the regulatory plan. To later cited comments
shall be disregarded.
(4) the person acquiring the goods by the outcome of the consultation will ensure the Edit design
the regulatory plan.
section 66
The acquisition of regulatory plan on request
(1) an application for the issue of regulatory plan contains, in addition to the General
basic information about the requirements for filing the required intent, identify
land use data on the current stage, the reasons for and purpose of the
the acquisition of the regulatory plan and the proposal that the territorial regulatory decision
the plan replaces. The application shall be lodged with the competent of the maker.
(2) an applicant for the issue of the regulatory plan may conclude an agreement on parceling.
A municipality or County may make the issue of the regulatory plan closure
the contract of participation the applicant to build new or edit
the existing public infrastructure (hereinafter referred to as "planning agreement").
(3) to the application, the applicant attaches
and the opinions of the institutions concerned by) specific legislation,
(b) the proposal for a revised regulatory plan) on the basis of the opinions of the concerned
authorities,
(c) assessment of compliance of the proposal) of the regulatory plan specifying,
(d) the impact of) data on the intent of the territory and of its claims on public transport
and the technical infrastructure and the representation of the owners of this infrastructure,
e) documents proving the right of ownership or evidence of law
the Treaty-based perform measures for construction or land or buildings
good area, where such rights cannot be verified in the real estate cadastre,
or the consent of the owners of land and buildings in the area or the agreement solved
parceling, to which the applicant has the required law; the consent or agreement of the
parceling made if you can land expropriate or replace,
(f) a proposal for the planning of the Treaty); in the event that the project poses new demands only
on public transport or the technical infrastructure or public
the applicant may, instead of draft planning contract to demonstrate
the contract with the relevant owners of public transport or technical
infrastructure that will ensure that the construction or modification of this
infrastructure in the range and the time needed for the implementation of the project, and
the contract with the municipality for the construction of public spaces.
(4) the Customer shall examine the completeness of the applications submitted, the consistency
the submitted opinions and ensure resolution of any discrepancies. At the same time
shall ensure that the submission of the draft contract to the competent planning Corporation
for approval.
(5) the content of the application and its annexes Essentials provides detailed
legal prescription.
the title launched
§ 67
The management of the regulatory plan
(1) adjusted and posouzený the proposal of the regulatory plan and the notice of general meeting
public consultation the maker delivers a public decree. Public
^ 21) discussion of the draft is held not earlier than 15 days from the date of delivery. To
public discussion of the maker of individually invited municipality, for which it is
regulatory plan drawn up, and the authorities concerned, and that at least 30 days in advance.
(2) not later than 7 days from the date of the public hearing may each
to comment and the person referred to in section 85, paragraph. 1 and 2 objections, in
which must give reasons, the information referred to in the real estate cadastre
documenting the rights concerned and to define the territory concerned in the objection. The concerned
authorities in the same period to parts of the solution that has been
from the joint hearing (section 65 (2) and (3)). To later applied
opinions, comments and objections will be taken into account. The person concerned,
the opposition must be alerted to this fact.
(3) the opinions, comments and objections in matters, which were
decided when the issue of the development of the policy, plan, or
regulatory plan issued by the region, shall be disregarded.
(4) the Customer in cooperation with designated Councilor shall evaluate the results of the
consultation processes with regard to the public interests of the proposal for a decision of the
objections and comments, the evaluation of the proposal. The proposals concerned shall transmit to the
authorities and invite them to join them in a period of 30 days from the receipt of the applied
the opinion. If the institution concerned does not apply the opinion in due time,
It is considered that the proposals of the maker agrees.
section 68
Assessment of the regulatory plan customer
(1) If necessary, the customer shall ensure for the community design
the regulatory plan of the initiative in accordance with the results of the consultation; adjustment of the
regulatory plan on request based on the transmission of the results
discussion of the applicant.
(2) If, on the basis of public consultation for a substantial modification of the proposal
the regulatory plan, discuss with a modified design in the scope of these modifications on the
repeated public consultation; proceed likewise, pursuant to section 67.
(3) If on the basis of consideration of the need to draft regulatory plan
rework, proceed by analogy with section 65 paragraph. 2 to 4, § 67 and
mutatis mutandis under section 66.
(4) the Customer shall examine the compliance of the draft regulatory plan in particular
and with the policy of spatial development) and planning documentation,
(b)) with the objectives and tasks of spatial planning, in particular with the requirements for protection
architectural and urban values in the territory,
(c)) with the requirements of this Act and its implementing legislation,
(d)) with the requirements of the specific legislation, and with the opinions of the concerned
authorities in accordance with the specific legislation ^ 4), with the result
resolution of conflicts.
(5) part of the justification of the regulatory plan is in addition to the requirements of the
resulting from the administrative procedure in particular
and the outcome of the assessment) regulatory plan in accordance with paragraph 4,
(b) a comprehensive justification for the adopted solution).
§ 69
The issue of regulatory plan
(1) the Customer shall submit to the Board the appropriate municipality or County
(hereinafter referred to as the "competent authority") proposal on the issue of the regulatory plan
with its grounds, in the case of the procurement of the design, on request,
approved by the planning agreement.
(2) the Council shall issue a regulatory plan after verifying that it is not in the
contrary to the results of the consultation and with the requirements set out in section 68, paragraph. 4.
(3) in the event that the Council does not agree with the submitted
the design of the regulatory plan or with the results of its consultation, the proposal returns
with the instructions for reprocessing and for reconsideration or reject it.
(4) if there is a change or cancellation of the decision on the objections, the municipality
or region, whose City Government regulatory plan published by State
it in accordance with this decision; in the meantime, not according to his
the affected parts.
(5) the rights and obligations of the regulatory plan issued on request can be
convert a written contract governed by public law, whose annex is the regulatory
the plan. For these public service contracts shall apply the relevant provisions of
of the administrative code of public contracts ^ 25).
(6) regulatory plan cannot change the decision according to § 97 paragraph. 3
of the administrative code.
section 70
The simultaneous acquisition of the regulatory plan and zoning changes
The Municipal Council of the municipality may, in justified cases, to decide on the
parallel acquisition and release of the regulatory plan of the initiative and procured
changes in land-use plan, which is invoked by this regulatory plan.
Regulatory plan may not be in this case, in accordance with the parts of the territorial
the plan, which are modified to be procured in parallel by changing the zoning plan.
The issue of changes to the zoning plan is a condition for the issue of the regulatory plan,
that caused the change.
section 71
Duration, amendment and cancellation of the regulatory plan
(1) the validity of the regulatory plan taken from the initiative, which
It does not replace the territorial decision methods. If conditions change,
under which it was taken and published regulatory plan, ensure that the appropriate municipality
or region change or cancel it.
(2) the provisions of the zoning decision on the replacement of the regulatory plan of
the initiative is valid for 3 years from the date of entry into force, if not in it
justified cases, the time limit is longer, up to a maximum of 5 years; time
the validity can be extended in justified cases by changing the
regulatory plan in the period of its validity. The regulatory plan, however, does not lose the
of validity,
and if it was on) the basis of the applications submitted at the time of final
building permits or other similar decision under this Act, or
specific legislation, or was based on the report
building plan submitted at the time of the validity of the right to perform construction or
(b)) was at the time of validity observations with the use of the territory for a specified
purpose in cases where the authorisation decision or other act issued
or
(c)) was based on the announcement of the construction plan posouzeného
authorized by the inspector at the time of application the right construction
intention, or
(d)) was based on the design of the public treaty replacing the building
permit application at the time of validity of this public contract concluded
and this public contract took effect.
(3) the regulatory plan of the initiative to amend or revoke the decision of the
the relevant Council. When you change the regulatory plan proceed
mutatis mutandis, pursuant to the provisions of § 61 to 65 and by analogy with the provisions of section 67
up to 69. When you cancel a regulatory plan proceed mutatis mutandis under section 61,
67 and 69, the provisions on the entry and impact assessment are not applicable.
(4) the municipality is required to include the regulatory plan of the initiative, in accordance with the
subsequently issued by the planning documentation of the region, then
approved spatial development policy or subsequently issued by the territorial
the plan. Until then, you cannot make decisions according to the part of the regulatory plan,
that are in conflict with this planning documentation or
spatial development policy. This change in the regulatory plan progresses
the village as when changing on its own initiative.
(5) the County is obligated to reconcile regulatory plan of the initiative with the
subsequently issued the principles of territorial development and urban policy
the development of. In the meantime, cannot follow parts of the regulatory plan,
that are in conflict with those principles or policy development.
This change in the regulatory plan progresses like when changing from
its own initiative.
(6) The period of validity of the regulatory plan taken at the request applies
Similarly, paragraph 2, of the expiry, however, applies to the entire
the regulatory plan. Taken at the request of the regulatory plan also shall cease to
the validity of the date on which the Office received the communication building of the applicant, that dropped the
the goal to which the plan applies; This does not apply, if the
implementation of the plan has already begun. Regulatory plan taken at the request can be
change or cancel the decision of the competent Council only on
the application of the responsibility to exercise the rights arising from it. Without
such a request can be issued at the request of the regulatory plan, change or cancel
for the reasons referred to in paragraph 4 or 5, and it's only in matters of
relating to the public interest or public utility buildings
the measures. When you change or cancel a regulatory plan taken at the request of
proceed in accordance with paragraph 3.
(7) if the reasons referred to in paragraph 4 or 5 to change the
the regulatory plan, obtained on request and if the one who belongs
exercise the rights arising from the regulatory plan, that he was
property damage, proceed to the refund by analogy pursuant to section 102.
(8) if there is a cancellation of part of the regulatory plan or amendment or repeal
decision on objections is a municipality or region empowered to issue this
regulatory plan shall without undue delay ensure the acquisition and
the release of his changes or decide on its cancellation. When this change is
proceed mutatis mutandis under section 61 and section 64 paragraph. 2 to 6, and by analogy with § 65
and section 67 to 69, when the cancellation, in accordance with paragraph 3. If there is a
the cancellation of the entire regulatory plan, when the last
the Act, which has not been challenged by the cancellation, if the competent Assembly for the
regulatory plan procured from the initiative, decides that the regulatory plan
will not be created.
the title launched
section 72
cancelled
section 73
cancelled
§ 74
cancelled
§ 75
cancelled
Part 4
Zoning and planning decision
§ 76
(1) the Place of the building or the equipment, their changes, change the impact of their
the use of the territory, changing land use and protect important interests in the territory of the
can only be based on the land-use planning or permission,
unless the law otherwise.
(2) any person who proposes to issue planning or zoning
consent is required to ensure the requirements referred to in section 90 and be friendly to the
the interests of the owners of adjacent land and buildings for this purpose can
request planning information, unless his conditions for the use of the territory of the
and the issue of territorial or spatial decision consent known.
§ 77
Planning decision is
and location of the building or gear) (hereinafter referred to as "the decision about the location of the
the construction "),
(b)) change the use of the territory,
(c) the impact of the use of the building changed) in the territory,
d) subdivision or land consolidation,
e) protection zone.
§ 78
(1) the territorial decision can be replaced with the territorial agreement for terms and conditions
referred to in section 96 or public service contract under the conditions set out in section
78A.
(2) the territorial decision is issued, unless it is replaced by the regulatory plan.
(3) the Building Authority may result joint territorial and civil proceedings under section
94A, if conditions in the territory, especially if it is for the territory
issued by a territorial plan or a regulatory plan.
(4) the Building Authority may, in accordance with section 96a join territorial consent to release
the agreement with the implementation of the announced construction of the project.
(5) if it is possible to replace the territorial decision public service contract (§
78A), and at the same time, it is possible to replace the building permit public
the Treaty (section 116), you can conclude a contract governed by public law, which replaces the
at the same time planning decision and building permit.
(6) the Building Authority may in the territorial decision structures and terrain adjustments
referred to in § 104 paragraph. 1 (a). (f)) to (i)), if this does not preclude the nature of
things, the protection of public interests in accordance with the specific legislation or
protection of the rights of the parties, to provide that their implementation will not be
require notification.
§ 78a
Public contract
(1) the Building Authority may conclude a public contract with the applicant for
location of the building, on the change of land use and the impact of the use of the building
on the territory, which will replace the planning decision. Public service contract cannot be
close in case the intention for which it was issued an opinion on the assessment of the
effects of the implementation of the project on the environment.
(2) the applicant shall submit a proposal for a public authority of the Treaty,
that includes, in addition to the designation of the Contracting Parties requirements statement
Zoning decision, including all data and conditions arising from the
binding opinions of the institutions concerned and justification for the compliance with the requirements
section 90. The applicant shall indicate in the draft public service contract of the person, which would have been
the participants of the territorial management. To the design documentation to the extent as joins
the application for the issue of land-use decisions, including drawing on the situation
the basis of the cadastral maps, and binding opinion, where appropriate, the decision
the institutions concerned. The applicant attaches to the draft document proving his
ownership of the land or the building, which has the intention to
or contract or document on the right to perform construction or
measures to the land or buildings or the consent under section 86, paragraph. 3.
(3) the Building Authority will examine the proposal for public contracts within 30 days from the date of
its submission in terms of the fulfilment of the conditions for the conclusion of the public
of the Treaty. Displaying information about building Office made the proposal public
the Treaty on the notice board for a period of 8 days. The construction authority on the basis of the
assessment of the draft of the Treaty, shall adopt the proposal to the public, or refuses to, and
shall notify the applicant of the reasons for the refusal.
(4) the applicant shall ensure that consents have been people who would be the participants of the territorial
control with the public contract. The applicant is required to submit
building Office public service agreement together with the consents of the persons that would
were the participants of the territorial management, and graphics to indicate an attachment
efficiency.
(5) the Building Authority shall display a notice on the conclusion of a public contract
the designation of the effectiveness on the official notice board for a period of 15 days. Public
contract with an indication of the effectiveness of the locally competent municipal delivers
the Office unless the Building Authority, and in the case of the construction under section 15 or
16 also building Office competent for construction.
(6) the effects of the public contract shall cease on the expiry of two years from the date of its
the effectiveness, if not agreed upon time is longer, up to a maximum of 5 years. The effects of the
public service contracts do not disappear,
and if it was on) the basis of the applications submitted at the time of its effectiveness released
the final building permits or other similar decision under this
the Act or special legislation, or acquired at the time of its
the effectiveness of the legal effects of the consent to the announced construction
the intention,
(b)) was at the time its effectiveness began with the use of the territory for
set purpose in cases where the authorisation decision or other Act
does not issue,
(c)) was based on the announcement of the construction plan posouzeného
authorized by the Inspector submitted at the time of the effectiveness of the law building
intention, or
(d)) was based on the design of the public treaty replacing the building
permit application at the time of its efficiency, closed the public
the contract and the public contract took effect.
(7) the efficiency of the public service contract may be extended; paragraphs 1 to 4 shall
shall apply mutatis mutandis. The proposal to extend the efficiency must be submitted
before the demise of the effects of the public contract. In the case of that person that
would have been a participant in territorial management, expresses consent to the extension of the
the effectiveness of a public contract, the construction authority will decide on its
the extension of the procedure under section 93, paragraph. 3; in this case, the proposal on the
the extension of the Treaty, the effectiveness of the public considers the request pursuant to section
paragraph 93. 3.
(8) the public service contract shall cease to have effect on the date when the construction Office
He received a communication from the applicant that he dropped from the project, to which the
public service contract; This does not apply, if the implementation of the plan
already started. Public service contract can be changed on the basis of the agreement
the building of the Office and the applicant under the terms of § 94 paragraph. 1, the procedure laid down in
paragraphs 1 to 4. Public service contract, you can change or ex officio.
to cancel an individual statement in the decision on the location of public utility
buildings or publicly beneficial measures.
(9) the public service contract, you can examine ex officio in review
proceedings under the administrative code. The review procedure can be initiated not later than
1 year after the effectiveness of the public service contract. The decision in the case in
review proceedings at first instance cannot issue after the expiration of 15 months from the
the effective date of a contract governed by public law.
(10) the content requirements of the Treaty, which replaces the public territorial
the decision lays down the detailed legal prescription.
section 79
The decision on the location of the building
(1) the decision on the location of the building defines the building plot, places
the proposed construction, lays down its nature and purpose, the conditions for its
the location for the processing of project documentation for building
authorisation, for the announcement of the construction, and for connection to the public transport and
the technical infrastructure.
(2) the decision on the location of the building nor the territorial agreement do not require
and) information and advertising equipment to total area umisťovaná m2 0.6
outside the protective zone of the road,
(b)) for the flag poles to a height of 8 m,
(c)) or water surface distribution of levies on agricultural land or to
land intended for the performance of the functions of the forest, unless the water works,
(d)), signals and signal Tower pyramid for surveying purposes,
(e) supporting the design of traffic signs) and equipment for operational
information on the road,
f) retaining walls to a height of 1 m, which nehraničí with a publicly accessible
land roads or public area ^ 1),
(g) the non-public purpose) culverts,
h) circus tents and stage construction for film, television or theater,
I) conventions, and raids on the road used to connect adjacent
real estate,
(j)) to a height of 8 m antennas and their supporting structures and related
electronic communication device separately on the site umisťované
or on buildings,
k) forest nursery, fencing fencing set up to protect the forest
before the game the forest grounds and fence of trees planted for the purpose
the establishment of the territorial system of ecological stability, which are without
Base-wall, and shall not lead to the restriction of traffic on the road
or to interrupt tourist marked route,
l) construction for forestry and construction for the exercise of the right of hunting
30 m2 of built-up areas and up to 5 m in height, without basements,
m), construction of the mine workings below the surface and structures in surface quarries
and skrývkách, if you are subject to the approval and supervision of the State Mining Authority
According to the top legislation
n) greenhouse to 40 m2 of built-up areas and up to 5 m in height, located in
distances of at least 2 m from the boundary of the land without basements,
on the construction of 25 m2) in built-up areas and up to 5 m height with one overhead
floor, podsklepená up to a depth of 3 m on the grounds of the family home
or buildings for family recreation, which is related to or conditional upon housing
or family recreation, are not used for the production or storage of flammable
substances or explosives, not a nuclear device or construction for
business activity is in accordance with territorial planning documentation is
placed at distances from the common land borders at least
2 m, the area of land capable of vsakovat rain water after its
the location will be at least 50% of the total area of the land of the family house or
structures for family recreation,
p) into the pool 40 m2 of built-up areas on the grounds of the family home or
structures for family recreation in a built-up area, located at odstupové
a distance of at least 2 m from the boundary of the land,
q) construction of the bridge of the instrument,
r) shelters on one floor, which used public transport,
and other publicly accessible shelters to 40 m2 of built-up area and up to 4 m
height,
with the management of the technical infrastructure) ^ 59), if it does not change its
the route and does not cross the border of the existing protection or
the safety zone.
(3) the provisions of paragraph 2 shall not apply to the cultural heritage and
the provisions of paragraph 2 (a). and (f))), j), (l)), n), o), p, r)) and with the)
does not apply to property that is not a cultural monument, but are in
conservation reserve, a conservation zone or the protection zone real estate
cultural heritage, immovable national cultural monuments, monument
booked or zone ^ 32).
(4) the provisions of paragraph 2 shall not apply to projects subject in terms of
the effects on the environment.
(5) where a building referred to in paragraph 2 shall require the execution of earthwork
or field adjustments, is obliged to determine the client's information
the existence of the underground structures of technical infrastructure and ensure their
the protection.
(6) a decision on the location of the building nor the territorial agreement do not require construction
editing and maintenance work.
§ 80
The decision on the change of land use
(1) the decision on the change of land use provides a new way to use
the land and the conditions of its use.
(2) the decision on the change of land use, require
and landscaping), pursuant to section 3 (3). 1,
(b) the determination of the total area)
(c)), handling sales, stabling, storage or exhibition area,
d) cemeteries,
(e)) changes the kind of land, in particular the establishment, cancellation and modifications of the vineyards,
Hop gardens, forests, parks, gardens and orchards, where the conditions are not established
approved by modifications or other territorial decision
f) editing of land, which have an impact on the ability of water infiltration.
(3) the decision on the change of land use or zoning approval not required
and landscaping to) 1.5 m height or depth of the area to 300 m2
the grounds, which have a common border with the public roads
or public area ^ 1), if there is no waste,
(b)), handling sales, stabling, storage or exhibition area to
300 m2, which is not used for the storage or handling of flammable
substances or substances that may cause pollution of the environment
environment,
(c)) changes the kind of land area to 300 m2,
d) landscaping in natural waterways and channel on land
adjacent to them, which does not substantially alter the natural trough water
flows,
e) editing of parcels, which have an impact on the ability of the water infiltration,
made on the grounds of the family home or building on the land for a family
recreation, which is related to or makes a living or family holiday,
is not used for the storage of flammable substances or explosives, and the area of
land capable of vsakovat rain water after their execution will be
at least 50% of the total area of the land of the family house or building for
family recreation.
(4) the provisions of paragraph 3 shall not apply to the territory in which the
proven to find archaeological finds.
(5) the provisions of paragraph 3 shall not apply to projects subject in terms of
the effects on the environment and on the intentions of the specially protected
territories ^ 12).
§ 81
The decision to change the influence of the use of the construction works on the territory of the
(1) the decision to change the influence of the use of the construction works on the territory shall determine the conditions
for a change of use of the building, which has an effect on the environment or
claims on public transport and technical infrastructure.
(2) the decision to change the influence of the use of the construction works on the territory require such
changes in the use of the building for which it issued an opinion on the assessment of the
effects of the implementation of the project on the environment ^ 11) or to new demands
on public transport and technical infrastructure.
section 82
The decision to divide or land consolidation
(1) a decision on the Division or reparcelling lays down the conditions for the
the new allocation or scelení of land.
(2) the decision on the Division or land consolidation is possible only on the
request to all owners of all the land, that are
the subject of the decision, or by an authorized person for the purpose of the application of the
pre-emption for public utility construction (section 101).
(3) the decision on the Division or land consolidation is required if
the conditions for the Division or the scelení of the land are made available to the regulatory plan,
by decision of the building authority or a decision according to a special legal
^ Regulation 33). If it is not necessary to specify the conditions for the splitting or consolidation
the land, the Building Authority shall confirm this communication, which
at the same time approve the proposed plan. Communication cannot be issued if the
decision making in the territory subject to the territorial studies or regulatory plan.
section 83
Decision on the protection zone
(1) the decision on a protection zone protects the building, equipment or property
from the negative influences of the neighborhood or around buildings or equipment protects or
the land before their negative effects.
(2) the decision on the protection zone shall be issued at the same time usually when
decisions under section 79 to 81; You can also separately.
(3) the decision on a protection zone is issued, if the conditions for the protection of
are laid down in a separate legal regulation ^ 34) or on the basis of it.
Part 5
Territorial management
§ 84
The territorial jurisdiction of the decision
(1) the territorial decision issued by the competent authority on the basis of construction
territorial control or simplified planning.
(2) if the territorial management, establishing the decision to change the
the use of the territory or jurisdiction of the protection zone in accordance with the Special
the legislation of the other administrative authority than the construction authority, shall
authority only in accordance with the opinion of the Building Authority.
§ 85
The participants of the territorial management
(1) the participants in the territorial management are
and) the applicant,
(b)) the municipality in whose territory the intention has to be made.
(2) Participants of the territorial management are
and the owner of the land or buildings), which are to be the intention of the
made, if not himself the applicant, or the person who has a right in rem to
This piece of land or building,
(b) the person whose ownership) or other right in rem to the neighboring buildings
or adjacent land or buildings on them can be territorial
the decision directly affected,
(c)) of the person about which the special legislation so provides.
(3) the parties are tenants of apartments, non-residential premises, or
land.
§ 86
Application for issue of a territorial decision
(1) an application for the issue of a territorial decision contains, in addition to the General
the formalities provided for in the administrative code, the basic information about the desired intent,
identification of the land or the building, which has the intention to
take place, bringing people to the ownership or other right in rem to
the neighbouring land or buildings on them, if it can be their right
the territorial decision directly affected.
(2) the application for the issue of a territorial decision the applicant attaches
and the documents proving his ownership) right or contract or proof of
the right to perform construction or measures to land or buildings, on which
the intention is to be effected; the following documents are attached, if you cannot
verify this right in the land register remote access,
(b) opinions or binding) decision of the authorities concerned or other
the documents according to the special law, does not extradite to coordinated
binding opinion referred to in section 4, paragraph 4. 7 or binding opinion issued by the
an administrative authority which is competent to issue a zoning decision,
(c)) the opinions of the owners of public transport and technical infrastructure to
options, and how the connection or to the conditions of trade and
safety zones,
(d)) of the Treaty with the relevant owners of public transport and the technical
infrastructure planning or contract, requires the intention to build a
new or edit existing public transport and technical infrastructure,
e) documentation for issuance of zoning decisions, which contains a movement
the report, a summary of a technical report, technical documentation, and
the book section.
(3) if the applicant does not have a property right, contract or document of law
to perform construction or land or building shall submit the consent of
their owner; This does not apply if the land or construction to expropriate.
(4), lays down special legal regulation, or if the proposed
the intention of its negative effects exceed the limit values laid down
special legislation beyond the land intended for the
at the same time, the applicant shall submit a request for the issue of a decision on
the protection zone.
(5) if the application does not contain the required elements, the Building Authority shall invite the
the applicant to its completion and the proceedings; resolution on interruption
announce only to the applicant. If the documentation for issuance of zoning
the decision is not handled by the designer, construction Office Management stops;
the resolution terminating the proceedings is delivered only to the applicant.
(6) in the case of the management of a large number of participants in the application for the issue of
Zoning decision by parties to proceedings under section 85, paragraph. 2 (a). (b))
identify the designation of land and buildings registered in cadastre
the influence of the real estate concerned.
(7) the requirements for an application for the issue of Content planning and its
annexes, including the scope and content of the dossier for the issue of the territorial
the decision lays down the detailed legal prescription. Documentation change
the territory can be replaced by special legal documentation
regulations ^ 60), which govern the use of the territory, if the formalities
such documentation are laid down by law.
§ 87
Territorial management
(1) the Building Authority shall notify the territorial management and to discuss
the application shall prescribe an oral hearing, and, if appropriate, combine it with the exam
on the spot; notice of the holding of an oral hearing shall be forwarded at least 15 days
in advance. The Building Authority may dispense with the oral procedure, if they are well
known conditions in the territory and the application provides sufficient basis for
the assessment of the project. If the Building Authority shall refrain from oral proceedings, provides for the
the deadline by which interested parties may apply the opposition and the authorities concerned
binding opinions; This time limit shall not be shorter than 15 days. The notice of
territorial and other tasks in the proceedings shall be notified to the participants
management and the authorities concerned individually, unless it is a control with a large number of
participants; in the management of a large number of participants, the notice of initiation
management and other operations in the management procedure provided for in § 144 delivered paragraph. 6
of the administrative code.
(2) in the case of projects for which it issued an opinion on the assessment of the
effects of the implementation of the project on the environment, may order the construction authority
to discuss the application of the public hearing. In cases of projects
subsequently in the territory, which was not issued by the territorial plan, order
the construction Office of public oral proceedings, always. For the service of the notice of
territorial management and other operations in the proceedings shall apply paragraph 1
Similarly; the holding of public hearings, announces to the public
a public decree, which shall be posted at least 30 days in advance. After
This time, it must allow each building Office look into the documentation for the
the release of the decision. The applicant shall ensure that the information about his intention and
that made the request for the issue of land-use decisions, without
after it was notified of the initiation of the territorial control and ordered public
the oral proceedings, posted up on the site of the Building Authority in the specified notification, and
until the holding of public hearings. The information includes data about the
the applicant, on the subject of territorial management and about the public hearing.
Part of the information is a graphical representation of the plan, where appropriate, other
a basis from which to infer on the architectural and urban planning
form of intent and its effect on the surrounding area. If the applicant referred to the obligation to
fails, the Building Authority shall prescribe repeated public oral proceedings, if
should the applicant's infringement of this obligation results in a shortening of rights
the participants of the territorial management. In the event that it is proven otherwise, it shall be considered
that the applicant has complied with the obligation to lecture.
(3) in the case of projects affecting the territory of several communes, delivers the notice of
the initiation of proceedings and other steps in the proceedings by posting on the official boards
the competent municipal authorities; the village, which is a party to the proceedings under section 85
paragraph. 1 (a). (b)), is delivered individually. Day of the fly is the day fly
on the notice board of the administrative authority, which is building the Office. The participants in the
proceedings under section 85, paragraph. 2 (a). (b)) in the notice of initiation of the proceedings and in
other operations in the management of a public decree identifies deliverable
the designation of land and buildings registered in the cadastre of real estates of the concerned
the influence of the project.
(4) in simple things, especially if you can decide on the basis of documents
submitted by the applicant, the Building Authority shall decide without undue delay,
but within 60 days of the date of the initiation of the territorial management; in a particularly
complex cases, especially when the procedure referred to in paragraph 2, building
the Office shall decide within 90 days.
(5) Content requirements the information referred to in paragraph 2 shall set
the implementing legislation.
section 88
Interrupt territorial management
The construction authority territorial proceedings, in addition to the reasons listed in the administrative
the order, also in the case that the intent of such requirements on public places
transport and technical infrastructure, that it cannot be without building
the relevant new buildings and facilities or modifications to existing
implement, and shall invite the applicant to submit the planning contract
If the intention of touching the public transport and technical infrastructure in the
property of the municipality, or the contract with the relevant owners of public transport
and technical infrastructure, and provides a reasonable period to do so. If
the applicant fails to submit the requested contract within the specified period, the construction authority
territorial control stops.
§ 89
Binding opinions, objections and comments
(1) Binding opinions that the authorities concerned can apply under section 4
paragraph. 4, and the opposition parties must be implemented at the latest when
oral proceedings, where appropriate, at a public hearing, which must
also be applied at the latest comments from the public; otherwise to them
be taken into account. If the abandonment of an oral hearing, must be
binding opinions to the institutions concerned under section 4 (4). 4 and objections
the parties applied in due time; otherwise to them
be taken into account.
(2) to binding opinions and objections to things which were
decided when the issue of zoning or regulatory plan, shall be disregarded.
(3) a party to proceedings in their objections shall state the fact that
based on his position as a party to the proceedings, and the reasons for the submission of
the opposition; the objections, which exceed the scope provided for in paragraph 4, the
be taken into account.
(4) the municipality in territorial proceedings to protect the interests of the municipality and
the interests of the citizens of the municipality. A person who is a party to the proceedings pursuant to section 85, paragraph. 2
(a). and (b))), may oppose the present intention in
the range, which is her right to directly affect. A person who is a party
proceedings under section 85, paragraph. 2 (a). (c)), it may apply in the territorial management
objections, only to the extent in which it is discussed the intention of prejudice
the public interest, whose protection is under special legal regulation
deals. The objections, which do not comply with the above requirements shall be disregarded.
(5) the conditions for the application of the objections referred to in paragraphs 1 to 4 shall be
the parties advised in the notice of initiation.
(6) the objection that there has been no agreement between the parties, building
the authority shall assess on the basis of the General requirements for the construction, binding
opinions, where appropriate, the decision of the authorities concerned or technical
standards, if such a claim does not exceed its scope.
If there were no objections to the agreement on the civil nature of the construction authority's
her judgment and decides in the case; This does not apply in the case of objections
relating to the existence or extent of ownership or other
rights.
§ 90
The assessment of the applicant's intention to
In the local authority building control assesses whether it is the intention of the applicant in
accordance
and) with the release planning documentation
(b)) with the objectives and tasks of spatial planning, in particular with the character of the territory, with the
requirements for the protection of architectural and urban values in the territory,
(c)) with the requirements of this Act and its implementing legislation,
in particular with the General requirements for the use of the territory,
(d)) with the requirements of the public transport and technical infrastructure,
(e)) with the requirements of the specific legislation, and with the opinions of the concerned
authorities in accordance with the specific legislation ^ 4), with the result
resolution of conflicts and the protection of rights and interests protected by law of the participants
the proceedings.
§ 91
cancelled
section 92
Zoning and planning decision
(1) planning the construction authority approves the proposed plan and
lays down the conditions for the use and protection of the territory, conditions for more
the preparation and implementation of the plan, in particular for project preparation facilities;
It requires an assessment of the public interest in carrying out the construction,
visits of the building or when the issue of occupancy,
can save the detailed processing documentation. In the decision
the construction authority lays down the period of validity of the decision, if it is to be longer than
This law lays down, and in the grounds always evaluates the comments
to the public. Temporary structures or in the decision on the change of land use
set a time limit for the temporary activities for the removal of buildings or their
activities and the subsequent presentation of the territory. In the cases referred to in section 78, paragraph. 6
provides the necessary extent, the conditions for the implementation of the project.
(2) if it is not the intent of the applicant in accordance with the requirements referred to in section 90 or
If the location and the realisation of the plan could be threatened by the interests of the
protected by this law or by specific legislation, the Building Authority
application for the issue of zoning decision will be rejected.
(3) the territorial decision is delivered under section 87, paragraph. 1 to 3. In the case of
service planning a public decree in it, the participants
proceedings under section 85, paragraph. 2 (a). (b) identify the designation of land and)
the structures registered in the land register concerned the influence of intent.
(4) after the date of entry into force of the decision of the territorial Building Authority delivers the
the applicant of a copy of the written copy of the zoning decision bearing
legal clause power along with a certified graphics attachment, which consists of
the overall situation in the scale of cadastral maps, or other selected
part of the documentation; a copy of the written copy of the zoning decision
bearing the legal clause to be able to deliver locally competent municipal also
the Office unless the Building Authority, and if the buildings under section 15 or
16, also building Office competent for construction.
(5) the content requirements of individual species of territorial decision lays down
the implementing legislation.
§ 93
The validity of the zoning decision
(1) the territorial decision about the location of buildings, land use change, change
the impact of the use of the construction works on the territory and on the subdivision or consolidation of land pays 2
years from the date of entry into force, unless the Building Authority in the
justified cases, a longer period not exceeding 5 years.
(2) the terms of the decision on the location of the construction land use, land use change
or change the impact of the use of the construction works on the territory for the duration of construction applies, or
the device or the use of the territory, unless from the nature of things to their
consumption.
(3) the period of validity of the zoning decision on building Office
reasoned request to extend; submission of the application, the period of validity of
the decision puts. On the procedure for extension of the period of validity of the decision
apply mutatis mutandis of the provisions on the territorial management that public oral
the hearing does not take place and binding opinions, objections or observations can be
be made within 15 days from the date of delivery of the notice of initiation,
otherwise to them.
(4) the territorial decision does not lose validity,
and if it was on) the basis of the applications submitted at the time of its validity issued
the final building permits or other similar decision under this
the Act or special legislation, or acquired at the time of his
the validity of the legal effects of the consent to the announced construction
the intention,
(b)) was at the time of its validity observations with the use of the territory for
set purpose in cases where the authorisation decision or other Act
does not issue,
(c)) was based on the announcement of the construction plan posouzeného
authorized by the inspector at the time of application the right construction
intention, or
(d)) was based on the design of the public treaty replacing the building
permit application at the time of its validity, closed the public
the contract and the public contract took effect.
(5) the Territorial decision shall expire whether or not the date when the construction Office
He received a communication from the applicant that he dropped from the project, to which the
the decision applies; This does not apply, if the implementation of the plan has already begun.
(6) the decision of the protection zone is valid for the duration of the construction, equipment,
or protected, except where a different period in the building Office.
§ 94
Change and cancellation of the zoning decision
(1) the territorial decision can be changed on request of the beneficiary, if the
changed the territorial planning documentation or other supporting documents for territorial
decision or conditions in the territory, so that his part
replace the new planning. Proposal to change the zoning decision
discuss the construction authority to the extent of this change. The validity of the original
Zoning decision is without prejudice to, if not at the same time expressly
decided to change its validity under section 93, paragraph. 3.
(2) the decision on a protection zone, you can change or cancel at the request of
who it implies the obligation; If required by the public interest, can be
the decision to amend or abolish the protection zone and on the initiative of the
authority under special legislation. Decision on the protection of
zone construction authority at the request of who it implies the obligation,
to allow a limited exemption for the purpose of effecting a one-time
activity.
(3) the territorial decision ex officio may be amended or repealed in the
the location of the public utility buildings or publicly beneficial measures.
(4) the amendment or repeal of zoning decision or permit
exceptions to the provisions on the territorial proceedings mutatis mutandis.
(5) If, after the decision to cancel the spatial construction, territorial
the decision is no longer issued; This shall not apply if it has been cancelled, the territorial
the decision for the purpose for which it was issued an opinion on the assessment of the
effects of the implementation of the project on the environment according to the law on the assessment of
the effects on the environment.
section 94a
The common territorial and building control
(1) if the applicant Submits a request for the release of the joint planning and
building permit (hereinafter referred to as "joint decisions") and connects
the joint dossier, is initiated by the joint territorial and building control
(hereinafter referred to as the "common procedure"). Common documentation must comply with the
documentation requirements for the release planning and requirements
the design documentation for issuance of a building permit. On the contents of the
applications for the issue of a joint planning and building permission
shall apply mutatis mutandis to the provisions on the application for the issue of zoning decision
and applications for building permits. If the nature of the case or the binding
the opinion of the joint management of the authority concerned, decide to exclude building
the authority to exclude the construction of joint management and construction management
interrupts to the acquisition of legal power of spatial decisions.
(2) to discuss the request for the release of the joint decision of the Building Authority
orders the hearing and, where appropriate, combine it with the exam on
the spot; notice of the holding of an oral hearing shall be forwarded at least 15 days
in advance. For the application of binding opinions of the concerned authorities and the opposition
the participants of the common procedure shall apply, mutatis mutandis, to section 89 and 114. Building
the authority may dispense with the oral procedure, if they are well known to him in
the territory and the application provides sufficient basis for the assessment of the project.
If the Building Authority shall refrain from oral proceedings, lays down the time limit within which they may
interested parties may exercise their objections and the authorities concerned to be binding
the opinion; This time limit shall not be shorter than 15 days. Notice of initiation of the
joint management and other tasks in the management of the proceedings shall take the
and the authorities concerned individually, unless it is a control with a large number of
participants; in the management of a large number of participants, the notice of initiation
management and other operations in the management procedure provided for in § 144 delivered paragraph. 6
of the administrative code.
(3) in the case of projects for which it issued an opinion on the assessment of the
effects of the implementation of the project on the environment, may order the construction authority
to discuss the application of the public hearings and proceed under section 87, paragraph.
2. in the case of projects in the territory in which it was issued
territorial plan of the construction authority, order the public oral proceedings, always. For
the application of binding opinions of the institutions concerned, the opposition of the participants
joint management and public comments shall apply section 89 and 114
Similarly.
(4) the Building Authority shall review the request under section 90 and 111.
(5) Sentential part of the common decision contains a statement regarding the location of the
the construction and the operative part of the construction. Opinion on the authorisation of the construction is
the acquisition of the Hungarian law of Decree of the location of the building. After the date of entry into
the legal power of opinion about the location of the building construction authority shall proceed under section 92
paragraph. 4 and after the date of entry into force of Decree for construction under section
paragraph 115. 3. The period of validity of the joint decision is 2 years, under the conditions
section 115, paragraph. 4. For the extension of the common decision
apply to section 115, paragraph. 4 apply mutatis mutandis.
(6) Acts in the common management and common decisions delivers building
the Office parties and the authorities concerned individually, unless it is about the management of the
with a large number of participants or is ordered by a public oral hearing; in
control with a large number of the participants in the joint management and operations
the joint decision procedure provided for in § 144 delivered paragraph. 6 of the administrative
of the order.
section 95
Simplified planning
(1) the Building Authority shall decide on the location of the building, on the change of land use,
the influence of the change of use of buildings in the territory and the Division or land consolidation
in the simplified territorial control, if
and the intention is in a built-up) territory or in zastavitelné stage,
(b) does not require an environmental assessment) intent on the environment,
(c)) the request is documented by binding the opinions or decisions of the
the institutions concerned,
(d) the application is accompanied by the consent of the) participants in the proceedings who have property
or other rights in rem to land or buildings on them, which are
the subject of planning or have a common border with the land;
acceptance of the proposed project, must be marked on the situation of the drawing.
(2) Simplified the territorial management cannot connect with the building management.
(3) if the request does not meet the conditions for territorial management, simplified
the Building Authority will decide the resolution on the implementation of land-use management; This
the resolution shall be notified to the applicant only and may not be appealed.
The time limit for issuing the decision begins to run from the law, according to resolution
the first sentence. The request for the release of the decision in the simplified local management
further hearing in territorial proceedings pursuant to section 87 to 92. If the request
satisfies the conditions for territorial management, simplified the construction authority will assess the
the intention of the applicant pursuant to section 90, shall prepare a draft decision, which the statement
posted on the official notice board for a period of 15 days; the draft opinion shall be forwarded to the applicant
and the authorities concerned individually.
(4) the applicant shall ensure that the information on the proposed scope of the decision was
promptly after the applicant receives, hoisted to the location specified in the
It's construction Office, for a period of 15 days. The information includes data about the
the applicant, on the subject of territorial management and about the public hearing.
Part of the information is a graphical representation of the plan, where appropriate, other
a basis from which to infer about the architectural or urban planning
the form of the plan and its impact on the surrounding area. If the applicant information
nevyvěsí, the construction authority repeats the phrase design decisions on the fly
official Board referred to in paragraph 3, or decide on the implementation of resolution
territorial control, if the infringement of this obligation of the applicant for the
shortening of the territorial rights of the participants in the proceedings. In the event that the
proven otherwise, it shall be deemed that the applicant has an obligation to fly information
fulfilled.
(5) Objections against the proposed statement of decision participants can be made in writing
within 15 days from the date of the draft statement on the airing of the official Board. To
the objections of the parties referred to in paragraph 1 (b). (d)), if the
changed documents for their consent, shall be disregarded. The authorities concerned
may, not later than at the same time submit a reservation against the proposal scope
the decision, if it is not contained in the terms and conditions applied in their
mandatory opinion or if it is the intention of the designed in conflict with their
by decision. After the submission of reservations or objections to proceed building Office
Similarly, in accordance with paragraph 3. If you have been in a period of reservations or
the objection, the decision shall be deemed to be issued against him on
appeal and the subsequent day after expiry of the deadline for the application of the reservations or
the opposition is gaining legal power.
(6) after the date of entry into force of the decision of the territorial Building Authority delivers the
the applicant of a copy of the written copy of the full territorial decision,
including justification, bearing the endorsement of legal power, together with a certified
video attachment, which consists of the overall situation in the scale of cadastral
maps, or other selected section of the documentation; a copy of the written
copies of the zoning decision bearing the legal clause to be able to deliver
also, if the Building Authority is not, and if the construction under section 15
or 16, also building Office competent for construction.
(7) the requirements for an application for the issue of Content planning in
a simplified spatial management and its annexes, and content requirements
the information referred to in paragraph 4 lays down detailed legal prescription.
section 96
Territorial agreement
(1) instead of planning the Building Authority shall give the territorial agreement, if
It is the intention in a built-up area or in the zastavitelné area, in the territory of the
and does not substantially alter the intent does not require new demands on public transport
and the technical infrastructure. Territorial agreement cannot be issued in cases of
projects evaluated in the detection procedure, or for which it was issued
opinion on the assessment of the effects of implementation of the project on the environment
According to the Act on environmental impact assessment ^ 11).
(2) the territorial agreement will, in cases
and) construction projects listed in section 103,
(b)) reported construction, their changes and equipment,
(c)) changes of structures,
(d)) changes the nature of the land area of 300 m2, however, most of the 1 000 m2,
e) buildings being placed in enclosed spaces enclosed by
existing buildings if their method of use, does not change the
the outer border, and the height of the arrangement of ground space,
(f) in the field of editing) 1.5 m height, or depth of over 300 m2
most, however, to the 1 000 m2 on land which nehraničí with the public
land roads or public area ^ 1), if there is no
to the management of waste,
(g)), handling sales, stabling, storage or exhibition
areas above 300 m2, however, most of the 1 000 m2, which is not used for
storage and handling of flammable substances or substances
can cause environmental pollution.
(3) the request for territorial agreement contains, in addition to the General requirements of the data on the
the required intent, and the identification data of the land and buildings. To
application, the applicant attaches
and the documents proving his ownership) right, contract or proof of
the right to perform construction or measures to land or buildings, on which
the intention is to be effected; the following documents are attached, if you cannot
verify this right in the land register remote access; or
consent pursuant to section 86, paragraph. 3,
(b)), if applicable, binding opinion concurring concurring decision
the institutions concerned under special legislation, where appropriate,
pursuant to section 169 of the decision paragraph. 3 and 4,
(c)) the opinions of the owners of public transport and technical infrastructure to
options, and how the connection or to the conditions of trade and
safety zones,
d) consents persons to ownership or other rights in rem to
land or buildings on them, and the land have a common border with the
grounds on which it is intended to be carried out; agreement with the proposed
the intention must be marked on the situation drawing; consent is not required in the
cases, the construction projects listed in section 103, if they are not located in the
the distance from the common land border is less than 2 m,
(e) simple technical description of the project) with the relevant drawings.
(4) If a request for territorial consent if it is complete and in accordance with the intention
the requirements referred to in section 90, issue the construction authority territorial consent within 30 days
from the date of submission of the application. Request for consent is not pending in the territorial
territorial management, pursuant to section 87. Of objections, the persons referred to in paragraph 3 (b). (d))
is not selected. On the issue of zoning approval are not subject to part the second
and the third of the administrative code. Territorial agreement contains the identification data
the applicant, a description of the project, identification of the parcel or the construction, on the
the intention, the conditions for the implementation of the plan and for the
elaboration of project documentation. The provisions of section 92, paragraph. 1 shall apply
mutatis mutandis. Territorial agreement becomes the legal effects of the date of receipt
to the applicant. Territorial agreement can be examined in the review, which can be
start up to 1 year from the date on which the territorial agreement became the legal effects.
Decision in the matter of the review procedures at first instance cannot be issued after
the expiration of 15 months from the date on which the territorial agreement became the legal effects.
Territorial agreement is delivered to the applicant, together with a certified situation
the drawing; with an indication of the effectiveness of the notification to the persons referred to in paragraph
3 (b). (d)), the authorities concerned and to the competent municipal authority locally, if
It is not the Building Authority, and in the case of the construction under section 15 or 16, also
building Office competent for construction.
(5) if the building authority concluded that the request or the intention does not meet the
the conditions for the issue of land-use approval, or may be directly affected by
the rights of other persons in addition to the persons referred to in paragraph 3 (b). (d)), unless the
would these people have expressed consent, shall decide on the implementation of resolution
land use management; This resolution shall be notified to the applicant only and cannot
appeal against him. A request for territorial consent shall be considered as a request for
the issue of land-use decisions, and if it is the intent of the assessment
necessary, it shall invite the applicant to supplement the building Office applications for data and
supporting documentation reasonably to the nature of the project, including the documentation that must be
structures referred to in paragraph 2 (a). (e)) and the reported buildings according to § 104
paragraph. 1 (a). and (e))) handled by the designer. The time limit for the issue of
planning begins to run from the legal power of the resolution referred to in sentence
the first.
(6) if there is a cancellation of the zoning approval after construction, territorial
consent or territorial decision has already been issued.
(7) the territorial agreement is valid for 2 years from the date of its issue. The period of validity
land use consent cannot be extended.
(8) the territorial validity of the consent, does not lose the
and if it was on) the basis of the applications submitted at the time of its validity issued
the final building permits or other similar decision under this
the Act or special legislation, or acquired at the time of his
the validity of the legal effects of the consent to the announced construction
the intention,
(b)) was at the time of its validity observations with the use of the territory for
set purpose in cases where the authorisation decision or other Act
does not issue,
(c)) was based on the announcement of the construction plan posouzeného
authorized by the inspector at the time of application the right construction
intention, or
(d)) was based on the design of the public treaty replacing the building
permit application at the time of its validity, closed the public
the contract and the public contract took effect.
(9) the Territorial agreement shall expire on the date when the construction authority has received
communication from the applicant that he dropped from the project, to which the territorial agreement
applies; This does not apply, if the implementation of the plan has already begun. The territorial
consent can be changed at the request of the authorised municipal consent or the territorial
decision under the terms of § 94 paragraph. 1 and amended or repealed under the terms of section
paragraph 94. 3.
(10) the content requirements of the territorial agreement and its annexes and
the content requirements of the consent of the territorial and the annexes thereto lay down the detailed
legal prescription.
section 96a
A common territorial agreement and consent to the announced construction
the intent of the
(1) if the client at the request of the territorial agreement referred to in section 96 paragraph.
3 and the announcement of the construction plan under section 105, which meet the requirements of section
96 and 105, issue a common territorial building Office consent and agreement with the
making the announced project (hereinafter referred to as the "common consent").
(2) the Building Authority in considering requests for consent and notification of territorial
project proceeds under section 96 paragraph. 4 with regard to § 106.
(3) the client may announced a construction project according to § 104 paragraph. 1 and 2
made on the basis of mutual consent. Common consent is delivered
stavebníkovi. At the same time, the common consent of the authorities concerned, shall transmit to the
the persons referred to in section 96 paragraph. 3 (b). (d)) and in section 105, paragraph. 1 (a). (f)), and
the owner of the building, if not the builders. The locally competent municipal
the Office unless the consent of the Building Authority, to deliver along with a certified
documentation or project documentation, excluding buildings within the scope of
military or another Office building, and the stavebníkovi, together with
certified documentation or project documentation and a label containing
identifying information about the sponsor the construction of the project.
(4) if the building authority to conclude that a request for territorial or
the announcement of the construction plan does not meet the conditions for the issue of the territorial
consent, or consent to the carrying out of the building, or above the intent
can be directly affect the rights of other persons in addition to the persons referred to in section 96
paragraph. 3 (b). (d)), it shall proceed in accordance with section 96 paragraph. 5. the report Submitted
the building has no intention in this case, the legal effects which the construction authority
stavebníkovi communicate.
(5) the common consent shall become the legal effects on the date of delivery of the stavebníkovi.
Valid for 2 years from the date of its issue. However, it does not lose validity,
If at this time, it was with the intention of the announcement of building started. The validity of the
common consent cannot be extended.
Episode 6
Territorial measures on construction uzávěře and territorial measures on the rehabilitation of the territory of the
§ 97
(1) the territorial measures about building uzávěře, which is issued as a measure
of a general nature according to the administrative order, restricts or prohibits the necessary
the extent of construction activity in a defined territory, if they could make it difficult or
to prevent the future use of the territory by the upcoming planning
documentation, if it was decided about its acquisition or acquisition
its amendments, or according to another decision or measures in the territory of which
governs the use of the territory. Territorial measures about building uzávěře can be issued
also, in cases where it is revoked or amended decision
objections or repealed measures of a general nature on the issue of spatial planning
documentation, or its part. Territorial measures on building uzávěře
You cannot restrict or prohibit the maintenance work.
(2) the territorial rehabilitation of the territory of the measures, which shall be issued as measures
of a general nature according to the administrative procedure, shall be issued on the territory of the affected
a natural disaster or major accident, in which an
significant interference with the use of the territory, and it is necessary to lay down the conditions
for the Elimination of the impact of a natural disaster or an accident and for other uses
territory. Territorial measures on the rehabilitation of the territory shall be issued also for built-up
the territory, in which the defective construction, for reasons of hygiene,
security, fire, traffic and environmental protection, for
which is necessary in the public interest to order the removal of defects in buildings and
Edit and order measures for the rehabilitation of the territory.
§ 98
(1) the territorial measures on construction uzávěře or territorial measures of rehabilitation
the territory covered by the Council of the village migrated. If the territorial
measures on construction uzávěře or territorial measures on the rehabilitation of the territory of the more
municipalities or in the case of inactivity of the relevant municipality, may issue in
carried over the scope of the Council of the County.
(2) the proposal of spatial measures of construction uzávěře or land-use measures of
rehabilitation of the territory with the authorities concerned in writing, discussing, which may
to assert their opinions within 30 days from the date of receipt of the proposal. To later
cited opinions shall be disregarded. With the authorities concerned, which
apply the opinions, the proposal must be the territorial measures on construction
uzávěře or territorial measures on the rehabilitation of the territory the agreed.
(3) Objections against the proposed territorial measures on construction uzávěře or
spatial measures of rehabilitation of the territory may submit, in addition to the persons referred to in section
paragraph 172. 5 of the administrative code, the representative of the public and persons, which so
provides for a separate legal regulation ^ 12).
§ 99
(1) the territorial measures about building uzávěře provides for the restriction or prohibition
construction activity in the territory and duration of the construction
closures, where appropriate, the conditions for the authorization of exceptions. Part of the territorial
measures of building the uzávěře graphics is an annex in the scale of cadastral
maps showing the territory concerned.
(2) the elements of the content of the territorial measures on construction, including uzávěře
a graphical annex lays down detailed legal prescription.
(3) the Council may, on the request to allow an exception to the restriction or prohibition of the
construction activities according to territorial measures about building uzávěře, if
enable exception does not affect the reference purpose. Against exemption decision
You cannot appeal.
§ 100
(1) the territorial measures on the rehabilitation of the territory shall be issued on the basis of the survey
the status of the territory and the evaluation of buildings and land from the point of view
the threat to the life or health of persons or in terms of the requirements on the use of
the territory as a result of the removal of a natural disaster or accident.
(2) the territorial rehabilitation of the territory of the measures provides the territorial and structural and technical
the conditions for the removal of the impact of a natural disaster or accident or
defects in the territory and establishes the conditions for future use, as defined in
the territory concerned; contains a list of the buildings, including the land that
must be removed or protected because of the threats to life or
the health of persons or the threat of significant property damage. Part of the territorial
measures of rehabilitation is a graphical annex in the scale of cadastral maps with
indication of the territory concerned.
(3) the particulars of the content of the territorial measures on urban planning of the territory, including
a graphical annex lays down detailed legal prescription.
(4) the date of entry into force of the measures on the rehabilitation of the urban territory shall cease to be in
the territory of the effectiveness of the territorial planning documentation issued to the time
the release of its changes or new territorial planning documentation. The territorial
measures for the rehabilitation of the territory loses its effectiveness on the day of the release of the new territorial
planning documentation or its changes to the territory.
Episode 7
The adjustment of relations in the territory of the
the title launched
§ 101
Pre-emptive right
(1) the land designated municipal plan or a regulatory plan for
construction of public interest or public space, and to build on the
This land has a municipality or county or State (hereinafter the "authorized person")
in the range defined by the planning documentation pre-emptive right;
This does not apply if the public interest is sufficient for the construction of the establishment of the factual
the burden. Pre-emption rights in the territorial plan or a regulatory plan
defines the designation real estate under a special legal regulation ^ 37) and
determination of a competent person, in the case of a State, whether or not by setting the appropriate
organizational folder or contributory organization or State enterprise.
The text part of the zoning plan or a regulatory plan that contains the definition of the
or change the definition of the right of pre-emption shall be sent without delay to the municipality or County
person authorised of pre-emption and persons whose real estate
preemption burdens. The person entitled to the right of pre-emption shall
proposal on registration of the right of pre-emption in the land register.
Pre-emptive right arises under this Act, entry into force of the territorial
plan or a regulatory plan and has the effects of a right in rem. The owner of the
of the land or the building, which was pre-emption rights pursuant to this
Act (hereinafter referred to as "the principal owner"), has an obligation in the case of
the intended transfer to offer these to the beneficiary
the redemption procedure and under the conditions referred to in this law.
(2) with the option of a State
and manage the business) of the State or the relevant
the State contributory organization in accordance with the particular legal
^ regulation 38), or
(b)) has the right to manage state enterprise in accordance with the particular legal
regulation ^ 61),
which is defined in the land use plan or a regulatory plan.
(3) if the pre-emptive right defined under paragraph 1 to part of the land is
the subject offers the relevant part of the land. A geometric plan and communication
Building Authority, that it has no objections to the proposal submitted to the Division of the land,
or issue a decision on the Division of the land and costs
United will pay the person. In this case, the period referred to in
paragraph 6 for the territorial management of interrupts. About this fact
the authorized person shall inform the owner of the compulsory.
(4) the purchase price of the land or building shall be determined in expert opinion
the amount of the usual prices under special legislation provided ^ 62)
by an authorized person; If the beneficiary State, shall not apply to the determination of
the amount of the price restrictions under special legislation ^ 63). When the awards
the usual price for the same or similar assets in the case of
undeveloped land parcels shall be considered as intended for the same purpose of use
as a public utility buildings or public areas referred to in
paragraph 1. If the price is lower than the normal price established under the Special
the law, the purchase price in the amount of the prices recorded.
(5) the owner is Required for the intended transfer shall
This intention in writing notify the person concerned, asking whether the beneficiary
the person exercises the right of pre-emption pursuant to this Act, and to allow
a tour of the property for the purpose of processing the expert's report. If
by an authorized person, shall send the State required notification of the owner of the business
the State or State organization referred to in paragraph 2 or to the Office for
the Government representation in property Affairs, which shall immediately ensure that
the notice of the competent State or the State organizational folder
the organization.
(6) the answer is the person required to submit in writing within a period of 3 months
the date when the notification was delivered. If the person has an interest in
take advantage of an option is required to reply to the owner of a compulsory
define the subject of the purchase of data under a special legal regulation ^ 37),
include the purchase price and set a deadline for the conclusion of a purchase contract, which
shall not be less than 30 days; at the same time send to the owner of a compulsory draft
the purchase contract and an expert opinion drawn up in accordance with paragraph 4. If
subject to a pre-emption part of the plot, is part of the design of the purchase
the Treaty also geometric plan, drawn up in accordance with paragraph 3.
(7) if the principal owner disagrees with the conclusion of the contract of sale of the
because of disagreement with the purchase price, which stated the person in your
answers and in the draft contract of sale referred to in paragraph 6, it shall send the legitimate
the person within the period laid down in paragraph 6 of its proposal on the conclusion of the purchase
the contract with the proposed purchase price, which shall be determined by the expert
judgement processed in accordance with the conditions referred to in paragraph 4;
expert opinion required the owner of the authorized person shall send, together with the proposal
on the conclusion of the purchase contract. If the principal owner and beneficiary
agree on a purchase price, the authorized person shall without undue delay
the proposal on the determination of the purchase price, the Court shall send to the owner or principal
confirmation of the extinction of the right of pre-emption; the decision of the Court, the period
referred to in paragraph 8 shall be discontinued. About this person
mandatory, inform the owner. After the Court's decision on the determination of prices
land, buildings, where appropriate, shall apply mutatis mutandis in accordance with paragraph 6.
(8) if sent a reply in accordance with paragraph 6 implies that the beneficiary
the person does not wish to make use of an option to purchase, or if the person
send a response within the time limit referred to in paragraph 6 or if, in the absence
to the conclusion of the purchase contract within a maximum period of 6 months from the delivery of the purchase
the contract mandatory owner referred to in paragraph 7, the pre-emptive right shall lapse.
(9) the authorized person is required to simultaneously with the negative response or after
vain expiry of the periods referred to in paragraphs 6 and 7 without undue
the delay issue the principal owner of the certificate of dissolution of the
rights; If the competent person is not the municipality or the County that issued the territorial
planning documentation establishing the pre-emptive right, the beneficiary shall notify the
the person at the demise of the pre-emption of this village or region.
(10) the authorized person is obliged to pay the purchase price within 2 months from the date of
the decision to permit the transfer of ownership of the legitimate
persons on the basis of the contract of sale in the land registry; in the opposite
the case is mandatory, the owner shall be entitled to withdraw from the contract.
(11) if the owner fails to comply with a mandatory obligation pursuant to paragraphs 5 and 7, are
legal acts related to the transfer of land or a building referred to in paragraph 1 to the
another person may be invalid.
(12) the provisions of the Civil Code concerning the rights law shall apply,
unless otherwise provided in this Act.
the title launched
§ 102
Compensation for the change in the territory of the
(1) the owner of the land or the building, whose rights to the land or the construction
the territorial measures on construction uzávěře limited and the
caused by property damage, shall be a refund.
(2) the owner of the land, which was proven in property damage in the
due to the cancellation of the designation of land for development activities on the basis of the territorial changes
the plan or the release of the new territorial plan, belongs to the refund incurred
the cost of the preparation of the construction in the usual amount of, in particular, on the land purchase,
on the construction of the project or in connection with the reduction of the value of the
the land, which is used to ensure commitment. This remedy also belongs
the owner of the land or the person she was before modifying or deleting
regulatory plan or before modifying or deleting zoning decision,
zoning approval or a public contract replacing the territorial
the decision according to § 94 paragraph. 3 shall be entitled to exercise the rights of which
the resulting (hereinafter referred to as "true") if the specified change or cancellation
determination of construction was canceled and to his demonstrable property
the injury.
(3) Compensation to the owner or the authorized does not belong, if the above
the cancellation was based on the proposal or upon the expiry of 5 years from the entry into
the effectiveness of the plan or its amendments, or the regulatory plan, or
the changes, which allow the development activities of the land. The provisions on the
expiry of the period of 5 years shall not apply, if within this period
and the effect of the decision), the location of the construction works or the territorial agreement
for the construction of construction, for which it was provided for planning
dossiers addressed and this decision or consent is valid, or
(b)) before the expiry of 5 years public service contract has been concluded
replacing the planning decision and the public contract is effective.
(4) If a decision on changes in the territory shall be conditional on the release of
the regulatory plan of the initiative or the processing of territorial studies and the
the regulatory plan was not efficiency or this study has not been registered in the
evidence of planning activities within 4 years from release planning
documentation that this condition, the time limits referred to in paragraph 3 shall
extend the time that a period of 4 years was exceeded.
(5) the obligation to provide compensation for the change in the territory on the basis of the written
the owner of the application containing the proof of ownership of the injury has a community or
the County, whose authorities issued by the territorial measures about building uzávěře, issued by the
territorial planning documentation or its change or abolish the territorial
the decision of the territorial public service contract or replacing
planning decision. In the absence of agreement on the amount of the refund, shall decide on its
the amount of the Court.
(6) shall be reimbursed by the municipality or County to pay for the change in the territory are entitled to
compensation the compensation from the authority, on the basis of the request
contained in the opinion, or binding opinion was canceled, destination
land for development activities. If the request leading to the cancellation of the zastavitelnosti
land application of municipal or regional authority and completely
clearly resulted from the law, regulations or resolutions of the Government, the Decree
or directive of the Ministry, the authority referred to in the first sentence is assumed to be
State. In matters of compensation compensation act for the State of the relevant
ministries and other administrative authorities. Shall pay to the municipality or County to pay for
the change in the territory shall be entitled to require compensation for compensation from
the applicant for the issue of the regulatory plan or zoning decisions, which
were the reason for the refund. The municipality or region are obliged to apply the
request for compensation within 3 months from the payment of compensation. Compensation
the refund must be paid within 3 months from the delivery of authorized a request
municipalities or regions, that this compensation paid.
(7) in the event that occurs when a subsequent zoning, change or
the cancellation of the regulatory plan, or the expiry of the zoning decision
under section 93, paragraph. 5 and the parcel for which he was paid
refund, return to the original mode of development, enabling is one
who was the refund has been paid, shall be obliged to refund paid in full
return to the provider the refund within 3 months from the notification of this
obligations. The obligation to return the compensation shall lapse after five years from the entry into
the effectiveness of changes to the zoning plan, amendment or cancellation of the regulatory plan
or from the expiry of the zoning decision on the basis of
recovery was established. The obligation to return the refund on lapses in the cases, when
the one to whom a refund was paid, when discussing the draft planning
planning documentation, which the land returned to its original
mode, allowing zastavitelnost, against zastavitelnosti
objection or comment.
PART THE FOURTH
BUILDING REGULATIONS
TITLE I OF THE
BUILDING, LANDSCAPING, AND MAINTENANCE OF WORK EQUIPMENT
Part 1
The authorization and reporting
section 103
Building, landscaping, and maintenance of work equipment maintenance
a building permit nor report
(1) a building permit nor report the building Office do not require
and building projects) referred to in § 79 paragraph. 2,
(b)), the landscaping referred to in section 80 (2). 3 (b). and editing) or land
referred to in section 80 (2). 3 (b). (e)),
(c) the maintenance work), whose implementation cannot negatively affect health
persons, fire safety, stability, appearance, construction, environment
or safety in use and it is not about the maintenance work on the building, which
It is a cultural monument,
d) building, if they do not interfere with load-bearing structures
the building, does not change the appearance of a building or the way the use of the building, do not require
the environmental assessment the environment ^ 11) and their implementation cannot
negatively affect the fire safety of the building and it is not about the building
the building, which is a cultural monument,
e) construction,
1. construction of one floor up to 25 m2 of built-up areas and up to 5 m
height, nepodsklepené, if you do not have a residential or residential
the room, sanitation or heating, do not serve to house or
the breeding of animals, is not used for the production or storage of flammable liquids, or
flammable gases and not a nuclear device;
2. construction for agriculture on one floor to 300 m2
built-up areas and 7 m height, nepodsklepené, with the exception of buildings for
stabling the animals or breeding, and farm buildings, which have
used for the storage and handling of flammable substances (e.g. dryers,
warehouses of combustible liquids, warehouses of chemical fertilizers);
3. buildings for breeding on one floor of the built-up area
up to 16 m2 and up to 5 m in height, no more than podsklepené to a depth of 3 m;
4. the aboveground and underground electronic communication network management
communications, antennas and masts, including mainstays of overhead,
or vytyčovacích points of underground communications lines, telephone booth
and towable communication leadership electronic communications networks and
related communications equipment, including electrical connections,
with the exception of the buildings;
5. the underground and above-ground transmission or distribution system management
electricity ^ 61), including the supporting points and measuring systems, protective,
the management, security, information and telecommunications technology, with
the exception of buildings;
6. the management of the transmission or distribution system, gas ^ 59) and related
technological objects, including systems management, security, information
and telecommunications techniques, with the exception of the buildings;
7. the distribution of thermal energy ^ 59) and related technological objects
including systems management, security, information and telecommunications
techniques, with the exception of buildings;
8. the management of the public lighting network, including masts and systems management,
security, information and telecommunications technology;
9. structures for the production of energy with total installed power up to 20 kW with
the exception of the construction works;
10. water, sewer and energy connections, including connections
the construction and delivery of equipment maintained outside the building, or the connection of buildings
charging an additional function to the main building to the distribution network and
sewer main;
11. the receptacles for the liquefied petroleum gases in the total volume 5
M3 designed exclusively for the collection of the gaseous phase;
12. water tanks or other non-flammable liquids to 50 m3 volume and up
height 3 m;
13. the water tank up to 100 m3 of content at a distance of at least 50 m from the
buildings with residential or pobytovými rooms, if it's not on the water works;
14. fencing;
15. advertising and information devices;
16. products fulfilling the function of the building, including foundations for them;
17. the loading, handling, sales, inventory, or the exhibition area to
300 m2, which is not used for the storage or handling of flammable
substances or substances that may cause pollution of the environment
environment.
(2) the Declaration or building permits require changes to the structures referred to in
paragraph 1, whose implementation would result in exceeding the specified
parameters.
section 104
Simple construction, landscaping and maintenance work requiring the reporting
(1) the announcement of the building of the Office require
and for housing and construction) for family recreation in 150 m2 total
built-up areas, with one underground floor to a depth of 3 m and not more than
with two floors and attic,
(b)) to the underground construction 300 m2 total built-up area and depth up to 3 m,
If you are not a water work or construction under section 16(1). 2 (a). (d)),
(c) to 300 sqm) constructions of the total built-up area and height up to 10 m, with
the exception of buildings for housing, and the Hall to 1 000 m2 total built-up area
area and the height of 15 m, if these buildings and halls will be of no more than one
ground floor, nepodsklepené and temporary for a period of not more than 3 years; time
temporality cannot be extended,
(d) the construction of 50 m2) of total built-up areas and up to 5 m height with one
ground floor, podsklepené up to a depth of 3 m,
e) construction for advertising under section 3 (3). 2,
f) construction, handling, parking sales, inventory or
exhibition space covering over 300 m2, however, most of the 1 000 m2, which
is not used for the storage or handling of flammable substances or
substances that may cause pollution of the environment,
(g)) of the construction site facilities, other than those mentioned in section 103, paragraph. 1 (a). e) point
1,
(h) the construction of the retaining wall in) height 1 m, bordering the publicly
accessible overland roads or public space,
I) landscaping not listed in section 103, paragraph. 1 (a). (b)),
j) maintenance work other than those mentioned in section 103, paragraph. 1 (a). (c)),
k) building for the changes in the use of part of the building, which
does not interfere with load-bearing structures of the building, does not change her appearance and
do not require environmental impact assessment ^ 11).
(2) Declarations require changes to completed construction works referred to in paragraph 1,
If their implementation is not exceeded these parameters.
(3) the Declaration does not require construction and landscaping, for which construction
authority under section 78, paragraph. 6.
(4) the Declaration shall be excluded for the purposes for which it was issued an opinion on the
assessment of the effects of the implementation of the project on the environment.
The announcement of
§ 105
(1) the Notification contains the identification data on the stavebníkovi, on land, on the
ohlašovaném construction of the project, its scope and purpose, method and time of
implementation, an indication of who will carry out the construction project, whether its
the implementation should use the neighbouring property, in this case, the consent of the
the owner of the property; the temporary building also duration
and a proposal for modifying the site after the delete. To Report Builder
connects
and the document proving the right of ownership) or the law of contract-based
to perform a construction project or the right to an adequate factual proof to the
land or building on which the intention is to be effected; These
documents are attached, if you cannot verify these rights in the real estate cadastre
remote access,
(b)) or a public contract zoning zoning decision
replacing or territorial agreement, if it is their issue, this law
required and the competent authority does not issue a building permit for the construction,
(c)), or binding opinions concurring concurring decision
the institutions concerned are required, in particular legal
Regulation ^ 4) ^ 12) ^ 32), where appropriate, the authorization referred to in section 169, paragraph. 4,
(d)) the opinions of the owners of public transport and technical infrastructure to
options, and how the connection or to the conditions of trade and
safety zones,
(e)) the project documentation or documentation in duplicate.
If the local authority of the municipality whose territory the construction project touches,
the Building Authority, shall be presented in triplicate, except for construction in the scope of
military or other construction authority; If the client is not
the owner of the building, one additional copy,
f) consents to persons who have rights of ownership or rights corresponding to the
factual proof to land, that they have a common border with the land, the
which the construction project; agreement with the proposed
building intention must be marked on the situation of the drawing.
(2) the Declaration of the building according to § 104 paragraph. 1 (a). and (e))) up to the client
connects the project documentation, which contains
and the accompanying message),
(b) a summary technical report),
(c)) the situation of the building,
(d)) part of the book,
(e) the principles of construction and organization)
f) documentation of the objects.
(3) to report buildings stabling, handling, sales, inventory
or exhibition areas according to § 104 paragraph. 1 (a). (f)) client connects
the documentation that contains the
and the accompanying message) with basic information on the construction site, with information about the
the result of the carried out surveys and measurements, compliance with the General requirements
on the construction of compliance to mandatory opinions the institutions concerned and the
the decision on the location of the building, it was granted, and their incorporation into the
documentation,
(b) the technical solution of the construction with) a description of the implementation of mechanical
resilience and stability, information about the proposed materials and a list of
used documents, technical standards or technical regulations,
(c) building on the transport) and the technical infrastructure,
(d) an indication of the impact of the building) on the health of persons or animals or the
environment including a proposal on the measures to eliminate or minimize the
the negative effects,
e) solutions to safety requirements of the building and ensure the basic concept
safety in use of the building,
(f) the situation of the construction of zakreslenou) on the basis of a copy of the cadastral maps,
(g) the situation of the building in scale), 1:500, which displays the current
the status of the territory, the proposed construction, including adjustments for people with limited
mobility, links to the surrounding area, provided for protective or
safety zones or flood plains, protected areas, and the existing
construction, transport and technical infrastructure, sample cross sections in the
scale of 1:50 or 1:100 and characteristic transverse slices in 1
: 100 or 1:200.
(4) to report construction site facilities according to § 104 paragraph. 1 (a). (g))
the client connects documentation that contains
and the accompanying message) with basic information on the construction site, with information about the
the result of the carried out surveys and measurements, compliance with the General requirements
on the construction of compliance to mandatory opinions the institutions concerned and the
the decision on the location of the building, it was granted, and their incorporation into the
documentation,
(b) building on the transport) and the technical infrastructure,
(c) an indication of the impact of the building) on the health of persons or animals or the
environment including a proposal on the measures to eliminate or minimize the
the negative effects,
d) solutions to safety requirements of the building and ensure the basic concept
safety in use of the building,
(e)) the situation of the construction of zakreslenou on the basis of a copy of the cadastral maps,
(f) the situation of the building in scale) 1:500 is is shown by plotting the location of the
construction and designating the distance from the border of the neighboring land and buildings
to them, the underground networks of technical infrastructure including design
connections and set out protective or safety zones or
floodplains,
g) fire safety solutions, the content and scope of the specific
legal prescription ^ 64),
h) architectural drawings in a reasonable scale.
(5) to report buildings retaining wall according to § 104 paragraph. 1 (a). (h))
the client connects documentation that contains
and the accompanying message) with basic information on the construction site, with information about the
the result of the carried out surveys and measurements, compliance with the General requirements
on the construction of compliance to mandatory opinions the institutions concerned and the
the decision on the location of the building, it was granted, and their incorporation into the
documentation,
(b)) the situation of the construction of zakreslenou on the basis of a copy of the cadastral maps with
showing the location of the proposed construction of the border with neighbouring land,
the position of the buildings on them, a simple technical description of their implementation, and
construction or installation drawings detailing the proposed construction.
(6) for reporting off-road modifications according to § 104 paragraph. 1 (a). I) Builder
attach documentation that contains
and the accompanying message) with the essential details of the project, with information about the
the result of the carried out surveys and measurements of compliance with the conditions of the binding
the opinions of the institutions concerned, and a decision on the use of the territory, if
issued, and their incorporation into the documentation,
(b) information on the anticipated effects) of the project on the surrounding area, technical description
the procedure and method of work, the information about the charging, about the place and the way
Save the extracted material, about how their compaction and surface
Edit,
(c)) on the basis of the copy of the drawing of situational cadastral maps,
d) situational drawing in scale 1:500, showing the
the proposed project, the land on which its consequences, including
the designation provided for protective or safety zones or
floodplains. According to the nature and scope of the plan also connects
the characteristic slices to clarify their arrangement or the height of the
layout drawings; for technically simple projects will need
geometric parameters that specify in drawing their positional and situational
height of the location.
(7) to report maintenance work according to § 104 paragraph. 1 (a). j) client
attach documentation containing the technical description for their implementation. To
notification of construction work pursuant to § 104 paragraph. 1 (a). to the client)
attach documentation that contains the simple technical description of their
design and construction or installation drawings detailing the proposed
building modifications. If required by the specific legislation, the client
attached to the notification of maintenance work and building fire
security solutions, the content and scope of the specific legal
prescription ^ 64).
(8) the formalities for the Declaration, and the content and scope of the project documentation at the
structures referred to in § 104 paragraph. 1 (a). and (e))) up to the detailed legal
prescription.
Section 106
(1) if the notification Is complete and if the reported construction project in accordance with the
the General requirements for the construction, with mandatory opinions, where appropriate,
the decisions of the institutions concerned with planning or regulatory
plan or a public contract, the territorial decision replacing or
the territorial agreement, if the construction or off editing according to § 104 paragraph.
1 (a). and to i)) or with planning documentation, if the
construction adjustment in accordance with § 104 paragraph. 1 (a). to) or is not directly affect the
the ownership right or the right arising from the encumbrances of the other persons,
unless with the consent of the persons questioned, the Building Authority will issue
consent to the announced project within 30 days from the date of
submission of the report.
(2) such notification shall not in the construction management under section 111 to 113. On
the issue of consent with the implementation of the announced intention of the building shall not apply
the second and third section of the administrative procedure. Agreement includes the identification
stavebníkovi, a description of the data type and purpose of the project and the time
the duration of the temporary construction, identification of the parcel or the construction, on the
construction project is to be carried out. The provisions of section 115, paragraph. 1, the
apply mutatis mutandis. Consent shall become the legal effects of the date of receipt
stavebníkovi. Consent to further deliver the persons referred to in section 105, paragraph. 1
(a). (f)), the owner of the building, if not the builders. Locally
the competent municipal office unless the consent of the Building Authority,
delivered together with the certified documentation or project documentation, with the exception of
structures in the scope of the military or another Office building and
stavebníkovi together with the certified documentation or project documentation
and a label that contains identifying information about the sponsor the construction of the project.
Consent can be examined in the review, which you can launch up to 1 year
the date when the agreement became the legal effects. The decision in the case in
review proceedings at first instance cannot issue after the expiration of 15 months from the
the date when the agreement became the legal effects.
(3) the Consent is valid for 2 years from the date of its issue. The period of validity cannot be
extended. Consent to execute does not lose validity if it was with the
the implementation of the notified project started within the period of validity.
(4) consent to the lapse also the day when construction Office
He received a communication from the Commissioner that he dropped from the implementation of the project,
that consent was issued; This shall not apply if it was the implementation of the construction
the intention has already started.
(5) Content requirements report and its annexes, and content requirements
with the consent of the notified project and its annexes
lays down detailed legal prescription.
§ 107
(1) if the building authority concluded that the report is incomplete, or the intention of the
does not meet the conditions for the issue of consent with the implementation of the announced
the construction of the project, decide the resolution on the implementation of the building management;
This resolution is only stavebníkovi and cannot be against him
appeal.
(2) construction management is initiated on the date of submission of the Declaration; submitted report
shall be considered a request for a building permit. If it's for the assessment
the construction plan is necessary, ask the Builder to complement the construction authority
the request, however the extent as to the application for a building permit.
The time limit for issuing the decision begins to run from the law, according to resolution
of paragraph 1.
Construction management
section 108
the title launched
(1) a building permit is required for buildings of all kinds, irrespective
their construction-technical design, purpose and duration, unless the
This Act or special legislation otherwise.
(2) a building permit, require changes to the structures referred to in section 104, whose
implementation would result in exceeding their parameters.
(3) construction management is also where the Building Authority has decided to
by resolution under section 107, shall discuss the reported construction project in construction
the proceedings. Construction management is, if an application for construction
authorization for construction projects under section 103. Such a request construction Office
postpone and instruct the Commissioner of execute permission construction project. If
Builders for construction projects according to § 104 instead of reporting from the
the application for the building permit, the Building Authority will consider it as a declaration, and
in accordance with section 105 to 107, stavebníkovi.
the title launched
section 109
A participant in the building management is only
client, and)
(b) the owner of the building, on) which is to be made, if not the builders,
(c)) the owner of the land on which the building is to be carried out, if it is not
builders can be its title to the land through the implementation of
construction directly affect,
(d) the owner of the building on the land), on which the building is to be carried out, and
the one who has to that land or building the right corresponding to an
proof, if they can be directly affected by the implementation of the rights of the construction,
(e) the owner of the adjacent land or) works on him, can be his
the implementation of the right of ownership of the building, directly affect the
(f)), the one who has to the neighboring land the right corresponding to the factual proof,
This may be the right implementation of the buildings directly affect,
(g)) the person about which the special legislation so provides, if they can be
building permit without prejudice to the public interests protected by the Special
legislation and on these matters to be decided in the territorial
decision.
section 110
(1) an application for a building permit contains the identification data
stavebníkovi, on the land, basic information about the project, its
scope and purpose, method and time of implementation, the information about who will be
construction and expression of the intention to apply, the owner of the neighboring property,
If it is necessary, in order to allow the implementation of the construction plan of its
real estate; the temporary building also duration and design modifications
the land after its removal.
(2) the client connects to the application
and) documents proving his ownership right or right based
contract to perform construction or measures or right corresponding to an
of proof to the land or the building, if you cannot verify these rights in land
real estate by remote access, and if the community builders
owners, also a contract on the construction or the decision of the Assembly of the
the owners of the units received under a special legal regulation (hereinafter referred to as
"the proof of the law of the sea"),
(b)), the design documentation carried out by the designer that contains the
the accompanying report, a summary of a technical report, the situation of the building,
part of the book, principles of organization of construction and documentation of the objects,
(c) verification visits of the building plan) and, where appropriate, a plan of execution control
the reliability of the structures of buildings in terms of their future use
prepared by an independent expert at the expense of the Builder,
(d) binding opinions, as appropriate) of the decision of the authorities concerned or other
documents required by the specific legislation ^ 4),
(e)) the opinions of the owners of public transport and technical infrastructure to
options, and how the connection or to the conditions of trade and
safety zones.
(3) the design documentation shall be submitted in duplicate, and if it is not
the local authority in the place of the construction of the Building Authority, except in buildings within the scope of
military and other building offices, shall be presented in triplicate. If
the client is not the owner of the building, one additional copy.
(4) If the submitted project documentation is processed by an authorized
person, the building management office stops; resolution on the termination of the proceeding with the
delivers only stavebníkovi.
(5) the content requirements of the application for the building permit, the scope and content of the
project documentation provides detailed legal prescription.
(6) the client of underground structures subject to this law does not
required to prove ownership or the right of contract-based
to perform construction or measures or right corresponding to the factual proof to the
of the land or the building, if it is a public utility building that functionally
their structures are structures on the land or with the operation of
on it and that even otherwise cannot have an effect on the use of land for the purpose,
for which it is intended.
(7) in the case of the management of a large number of participants in the application of building
to enable the parties to proceedings under section 109 (a). e) and (f)) identifies the
the designation of land and buildings registered in the land register directly
concerned by the influence of the project.
section 111
(1) the Building Authority shall examine the application and the attached documents have been filed from this
whether the building can be done by them, and shall, in particular, whether
and) project documentation is processed in accordance with the planning
the documentation has not been issued in the case of territorial or territorial decision
measures, where applicable, has not been issued by the territorial agreement, the territorial decision
or a public contract, the territorial decision replacing, or territorial
the agreement, where appropriate, the regulatory plan, which replaces the
Zoning decision, and in the case of building the underlying change in the
the use of the construction of its consistency with the territorial planning documentation
(b)) project documentation is complete, clear and whether they are in the corresponding
extent, dealt with General requirements for the construction,
c) is secured to the building, arriving early to build the technical,
where appropriate, other equipment required for the proper use of the building
required by a special legal regulation,
(d) the documents submitted meet the requirements) applied by the concerned authorities.
(2) the Building Authority shall also effects the future use of the building.
(3) if the request does not contain the required elements, the Building Authority shall invite the
the Builder to its completion and the proceedings; resolution on interruption
delivers only stavebníkovi.
section 112
(1) the Building Authority shall notify the participants in the proceedings, who are known to him, and
construction management of the authorities concerned, at least 10 days before the oral
the negotiations, which combine with the examination at the place where it is appropriate. At the same time
notifies the authorities concerned and the parties to the proceedings, that binding opinions and
objections to evidence, as appropriate, may be applied at the latest at the oral hearing, the
otherwise it will not be taken into account. In the case of the management of a large number of
participants in the notice of initiation of the proceedings and in other operations management
the parties to proceedings under section 109 (a). e) and (f)) identifies the indication
land and buildings registered in the land register directly concerned
the influence of the project.
(2) since the inspection on the spot, or even from the oral proceedings may construction
the Office of the refrain are well known to his building site ratios and application
provides a sufficient basis for the assessment of the proposed buildings and
the determination of the conditions for its implementation. Refrain from an oral hearing, the
Specifies a time limit which shall be not less than 10 days, to which interested
authorities to apply binding opinions and parties to the proceedings of its objections,
where appropriate, the evidence. At the same time is that the later one made mandatory
comments, objections, or evidence will not be taken into account.
(3) in the simple things, especially if you can decide on the basis of documents
submitted by the builders, the Building Authority shall decide, without undue
delay, at the latest within 60 days from the date of the initiation of the construction management; in
particularly complex cases, the Building Authority shall decide within 90 days.
§ 113
(1) the Building Authority may in construction management at their own expense, invite
an authorized officer; propose to invite an authorized Builder
the Inspector, shall be borne by its cost.
(2) the Building Authority may in the construction management of the invite to your load
the designer, the client commissioned a coordination project
documentation of the construction processed more designers or coordination
author supervision (hereinafter referred to as "the Chief Designer"); propose to the client
the involvement of the main Designer, pays its cost.
(3) Delivers to the parties notice of initiation
a public decree, stavebníkovi and the owner of the building, which is to be
made, the notification served into their own hands.
section 114
The opposition parties
(1) any interested party may invoke the objections against the project documentation,
the method of implementation and use of the construction works or the requirements of the institutions concerned,
If they directly affect his ownership right or right based
contract to perform construction or measures or right corresponding to an
of proof to the land or the building. A person who is a party to the proceedings referred to in
§ 109 (a). (g)) may apply in the construction management of the opposition only in
the extent to which it is discussed the intention of prejudice to the public interest, which
the protection is under special legislation. Participant management
in their objections shall state the facts which constitute its position
as a party to the proceedings, and the reasons for the objection; to the objection that
exceed the range referred to in the first and second sentence, shall be disregarded.
(2) to the opposition parties, which have been or could be applied
When the territorial management, while taking the regulatory plan or when the release
spatial measures of construction uzávěře or land-use measures of rehabilitation
territory, shall be disregarded.
(3) the objection that there has been no agreement between the parties, building
the authority shall assess on the basis of the General requirements for the construction, binding
opinions, where appropriate, the decision of the authorities concerned or technical
standards, if such a claim does not exceed its scope.
If there were no objections to the agreement on the civil nature of the construction authority's
her judgment and decides in the case; This does not apply in the case of objections
concerning the existence of the rights or the extent of property rights.
(4) the conditions for the application of the objections referred to in paragraphs 1 and 2 shall be
the parties advised in the notice of initiation.
section 115
A building permit
(1) in the building permit the construction authority lays down the conditions for the implementation of
the building, and if it is necessary, for its use. Conditions shall ensure the
the protection of public interests and shall provide in particular follow-up to other contingent upon
buildings and equipment, compliance with the General requirements for the construction, including the
the requirements for barrier-free use of the buildings, where appropriate, the technical standards.
As necessary, which the client shall notify him of the construction phase for the
the purpose of the implementation of the inspection visits of the building; It may also provide that the
the construction can be taken only on the basis of occupancy.
(2) in the case of the building containing the technological equipment, for which it is necessary to verify the
eligibility for safe use, subject to the conditions of the building permit
the integrated permit or under special legislation ^ 9),
the Building Authority may impose in the building to enable the implementation of the test
operation. In that case, the advance shall builders duration
test operation.
(3) after the date of entry into force of the building permit building the Office shall
stavebníkovi a copy of the certified project documentation, along with the
a label containing identifying information about the permitted construction. For more
issue of certified design documentation shall send to the owner of the building,
If it is not builders.
(4) a building permit shall expire if the construction has not been
started within 2 years from the date when the acquired power. The period of validity
the building permit can be extended to the construction authority a reasoned request
the Commissioner filed before expiry. An application to build a run
period of validity of the building permit. Building permit shall cease to be
the validity of whether or not the date when the construction authority receives a notification of the Commissioner of
that since the implementation of its intention of departing; This does not apply if the construction already
was launched.
(5) the participants in the proceedings, who have been on the initiation of the construction management
notified to the public by Decree, with the building permit Announces delivery
a public decree. Stavebníkovi and the owner of the building, which is to be
change, however, delivers a building permit in your own hands.
(6) the Substantive elements of the building permit and the label with the identification
data on detailed legal prescription.
section 116
Public contract
(1) in buildings that require a building permit, the construction authority may conclude
the builders of the construction contract governed by public law, which replaces the
a building permit. Public service contract cannot be closed in case of
the intent for which it was issued an opinion on the implementation of the environmental assessment
project on the environment.
(2) the client shall submit a proposal for a public authority of the Treaty,
that includes the designation of the Contracting Parties, the basic data about the required
the project, its scope and purpose, method and time of implementation, for temporary
also, the duration of the construction and design of the site after the modifications
delete, the designation of the land on which the building permits, the conditions
for the implementation of the construction works, or for its use and the conditions under
of binding opinions of the concerned institutions, to which the
committed to. The client in the design of public service contracts shall indicate the persons who,
they were participants in the building management, if it was kept. The proposal for a
connects the project documentation and other supporting evidence to the extent as to
the application for a building permit. The design documentation shall be submitted in
duplicate, and if there is a local authority in the place of the construction of the building
the Office, except for the buildings in the scope of the military and other building offices,
shall be presented in triplicate. If the client is not the owner of the building, attached
one more copy.
(3) the Building Authority shall examine whether the draft public service contract contains the
the particulars referred to in paragraph 2, whether a project documentation has been
handled by the designer, and whether the proposal meets the aspects referred to in section 111
paragraph. 1 and 2. The construction authority proposal for public contracts within 30 days from the date of
the date of submission or refuses to communicate and stavebníkovi reasons
the refusal; the proposal rejects, project documentation is not
handled by the designer.
(4) the client shall ensure that consents have been persons of construction participants
management, with the public service contract. The client is obliged to
submit building Office public service agreement to indicate the effectiveness of the
together with the consents of the persons who were the participants of the construction management. After
the indication of the effectiveness of contract construction Office verifies the design
the documentation. One copy shall be retained by her, the other without undue
Grace delivers stavebníkovi, together with a label containing the identification
information about the permitted construction. The next issue of certified project
the documentation delivered to the owner of the building, if not the builders, and locally
the competent municipal office unless the Building Authority, except in the
the scope of the military or another Office building.
(5) the effects of the public contract shall cease on the expiry of two years from the date of its
efficiency, if the construction in this period started. The effects of public
the contract can be extended; paragraphs 1 to 4 shall apply mutatis mutandis. The proposal on the
the effectiveness of extension shall be submitted before the demise of the effects
public service contract. In the case of that person, which would have been a participant in the
the building management has consent to an extension of the effectiveness of the
public service contracts, the construction authority shall decide on the extension of the
procedure referred to in section 115, paragraph. 4; in this case, the proposal for the extension of the
the effectiveness of the public service contract considered a request under section 115, paragraph. 4.
(6) the client may withdraw from the public contract on the basis of
Notice the building Office, since its intention of departing; This does not apply,
If the construction has already started. Public service contract can be changed to
under the agreement the building Office and the Commissioner of the procedure laid down in paragraphs 1
up to 4.
(7) a public service contract may be revised ex officio in review
proceedings under the administrative code. The review procedure can be initiated not later than
1 year after the effectiveness of the public service contract. The decision in the case in
review proceedings at first instance cannot issue after the expiration of 15 months from the
the effective date of a contract governed by public law.
(8) the content requirements of the Treaty, which replaces the public service building
authorization, and the content and scope of the project documentation provides detailed
legal prescription.
The announcement of the construction plan with the certificate of an authorized officer
section 117
(1) if the client Closes a contract with an authorised Inspector on the control
project documentation of buildings, which intends to make, the authorized
assess the project documentation instead of the Office building
the factors listed in § 111 paragraph. 1 and 2, if it is not a building that is
identified by a special legal regulation as ineligible for assessment
authorized by an inspector, or for the purposes for which it was issued
opinion on the assessment of the effects of implementation of the project on the environment,
or for the construction, which decided the construction authority in land use decisions in the
If significant effects on other land and buildings with a common boundary
the building land. The contract is an authorised Inspector
required to notify the building authority without undue delay.
(2) the client is entitled to make construction requiring otherwise building
building permits on the basis of the notification of intent the building Office
authorized by the Inspector, who has assessed the project documentation
the construction and the notification joined
the certificate of an authorized officer), not older than 3 months,
(b)), the design documentation carried out by the designer,
(c) verification visits, plan)
(d) proof of the law of the sea) the Commissioner under section 110, paragraph. 2 (a). and)
(e) opinions or binding) decision of the authorities concerned or other
documents required by special legislation,
f) consents the persons who would otherwise be participants of the construction management under
§ 109, with the intention of such a construction, including the consents of the owners of the
public transport and technical infrastructure to the options and how to
connection.
The design documentation shall be submitted in one copy; If there is no municipal
Office building Office, shall be presented in duplicate.
(3) an authorized officer issuing a certificate certifies that the
examine the design documentation of the building and the attached documents by
§ 111 paragraph. 1 and 2 and the proposed structure meets the statutory
the conditions for the implementation of these aspects. On the project
documentation of the construction of this fact, stating your name and surname,
the date of issue of the certificate and affix them to their signature and stamp
with the small national coat. The certificate of an authorized officer must
In addition to contain identification data of the Builder, type, purpose and period
the duration of the construction, and the identification data of the project documentation of the construction
the evaluation of whether and how compliance with the requirements of § 111 paragraph. 1 and 2 with
a detailed description of the assessment of the proposed project with the indication of how they are
respected in particular the conditions of the territorial or spatial decision
the consent of the public contract or replacing the territorial decision
where appropriate, the regulatory plan, General requirements for the construction and requirements
applied by the concerned authorities and the owners of the transport and the technical
infrastructure. The certificate authorized inspector always appends the proposal
inspection tours of the building. Consent of the persons who would otherwise be
the participants of the construction management under section 109, the construction shall be indicated in the
crucial drafting of project documentation of buildings; building
the authority shall, at the request of information about the persons who were participants in the
the construction management under section 109 (a). (g)).
(4) the Building Authority shall display, without undue delay on the official notice board
the announcement of the construction plan for a period of at least 30 days and those that would
otherwise they were participants of the construction management, will allow access to the documents
attached to the notice of the construction plan, including your certificate. Within the time limit
30 days from the date of notification of the intention to fly the building may person
lodge objections against the notified the building plan only for the reason that
does not match the supporting documents on the basis of which gave their consent, or
the reason that their consent was not provided with; other objections are
be taken into account. At the same time may construction Office or the authority concerned
notification of the intention to apply against the building, if that
This is the building unfit for examination by an inspector authorized by
paragraph 1, the notification does not comply with the conditions laid down by law and does not contain
the particulars referred to in paragraph 2, an authorized inspector violated when
a certificate is issued a ban under section 148, in the assessment of buildings
have not met the requirements pursuant to § 111 paragraph. 1 and 2, or in a case in progress
construction management, which has not yet been completed.
(5) the filing of an objection or the application of the reservations referred to in paragraph 4 shall have suspensive
the effect and the right to perform the construction. The Building Authority shall notify the filing
objections or reservations about the application of stavebníkovi and submit within 15 days to the
decision of the administrative authority, which would otherwise be applicable to the appeal
against a building permit. The administrative organ shall examine the notification of construction
the intent of the terms of compliance with the legislation referred to in paragraph 4 and
shall decide
and) that does not have the legal effects of the notification, if the notified building
the intention is in conflict with the law, or
(b)) rejecting the objections or reservations for inadmissibility or for
nedůvodnost.
The decision is delivered to the stavebníkovi, an authorised Inspector and
persons who have submitted objections. Against the decision cannot be appealed. File
shall be deposited with the building of the Office.
(6) Stavebníkovi entitled to perform the notified waste of construction project
expiry of the period referred to in paragraph 4, or on the day following the date on which he
It was notified of the decision referred to in paragraph 5 (a). (b)).
(7) the Building Authority shall at the request of the Commissioner of the emergence of the permissions on the
a copy of the notice with the indication of the designation of the Building Authority, number,
the date of designation, name and surname of the authorised person with the connection of the signing and
the impression of the official stamp. After the establishment of the rights to perform the notified building
the intention of the Building Authority shall send to the stavebníkovi label containing the identification
information about the permitted construction, including identification data
authorized inspector and the placing of the rights to perform the construction.
The right to perform construction shall be extinguished if the construction begun within two years.
Period starts on the day following the date the emergence of permissions according to the
of paragraph 6. The Building Authority may extend this period on a reasoned
request the Commissioner to have been filed before expiry. Submission of the application is running
period stops.
(8) the notification of the building plan, certificate, certified by the project
documentation of the construction records and stores the construction authority (section 167). Content
the announcement of the construction plan, the particulars of the certificate and the label referred to in
paragraph 7 provides for detailed legislation.
§ 118
Change of construction before completing
(1) the client is obliged to carry out the construction in accordance with its enabling
issued under this Act. For the authorization of the construction agreement shall be deemed to
the construction of the Office building with the intent under section 106, building
the authorization referred to in section 115, a public contract referred to in section 116, notified the formation of
permission under section 117, the repeated building permits and regularisation
construction under section 129, the territorial decision, in which the Building Authority under section
paragraph 78. 6 stated that the construction will not require notification
or territorial decision for construction projects under section 103. The change of the construction
before completing can be enabled before the start of the construction, or in the course of the
the implementation of the construction.
(2) Change of the construction before completing can be enabled only in accordance with the
the territorial decision or other Act replacement planning decision;
If the change requires the construction before completing the change of the territorial
the decision, it is possible to decide about this change in the management,
the provisions of section 94 and 94a shall apply mutatis mutandis.
(3) the Building Authority may, at the request of the Commissioner or his or her legal successor
to enable the change of the building before its completion. The request contains, in addition to
the General requirements of the description of the changes and their comparison with the authorization of the construction and
with the certified design documentation. The application connects the project
documentation changes, as appropriate, a copy of the certified construction project
documentation, in which the designer shall indicate the proposed changes. The request for
change of construction before completing the construction, the authority shall consult with the participants
construction management and the authorities concerned on the extent to which the change directly
touching the rights of participants in civil proceedings, as well as the interests protected
the specific legislation. On the control and authorization of construction before changes
completion shall apply mutatis mutandis to the provisions of the building management.
(4) Change the reported construction can be done on the basis of the Declaration. While
proceed mutatis mutandis under section 105 to 107. This also applies to a change of the construction
carried out according to the zoning decision (section 78, paragraph 6) or territorial
consent (section 78, paragraph 4). The change of the building before it is finished it is possible to
on the basis of a public service contract under the conditions of section 116, the change of the construction
carried out by public service contracts can be negotiated according to § 166
administrative procedure, condition the effectiveness of public service contracts in the
cases, the consent of the persons who were the participants of the construction management
in accordance with paragraph 3.
(5) the amendment before the completion of the construction can be carried out on the basis of the notification
the building of the Office under the terms of § 117; This does not apply in the case of projects for which it was
issued an opinion on the assessment of the effects of the implementation of the project on the
environment.
(6) change in construction, which does not affect the rights of other participants of the construction
management, the construction authority to approve the decision issued on the spot when
the inspection tour of the construction. The decision is notified to the stavebníkovi registration
in the construction of the journal or a simple record of the structure; construction Office
Subsequently it encounters without undue delay to the file, depending on the circumstances
indicate a change in verified the project documentation. May do so,
only if the change does not affect the terms of the zoning decision, public
the interests protected by specific laws or, in the case when the
the competent authority concerned, in writing, or by a declaration to the Protocol,
changing agrees.
Part 2
The use of buildings
section 119
(1) the completed construction, or part of a building capable of separate
use, referred to in section 103, paragraph. 1 (a). (e)), paragraphs 4 to 8, or construction,
where appropriate, the use of a separate part of the building, capable of, if required
a building permit or the announcement of the building Office according to § 104 paragraph. 1
(a). and (d))) up to), or the construction of seed under a special rule
^ code 65) and was carried out on the basis of public service contracts
under section 116 or the certificate of an authorized officer under section 117,
It was finished by repeated the building permit or additional
the construction permit under section 129, can be taken on the basis of the notification of the building
the Office (§ 120) or occupancy. The client shall ensure that the
before the start of use of the construction works carried out and evaluated tests and measurements
prescribed by a special legislation ^ 41).
(2) the Building Authority for marketing the building to use examines whether the construction was
carried out in accordance with the decision on the location or any other Act
replacement planning decision and building permit and documentation, or
certified project documentation, in accordance with the opinions or
binding opinions or decisions of the organs concerned, where the
released by special legislation, and compliance with the General
requirements on construction. Next, examine whether the actual construction or
its use does not threaten the life and public health, life or health
animals, or the environment.
(3) If, during the execution of the project to change the Czech technical standards
or other technical regulations according to which has been processed
documentation or project documentation, structure
technical standards or other technical provisions which were in force in
the time when the dossier was or the project documentation is processed.
§ 120
(1) the client is obliged to notify the Building Authority's intention to begin with
the use of the building for at least 30 days in advance, unless the construction referred to in §
122. In the notification the client shall indicate the construction, location information and
construction, expected date of completion of the construction and the launch of
its use. With the use of the building for the purpose for which the building was
is enabled, it can be started the day after the inspection tour
the building, in which the construction authority to verify compliance with the Protocol logs
the conditions pursuant to section 119 paragraph. 2, or if within 30 days from the notification of the building
the Office decision, that is the first act in the proceedings, the use of the building
does not disable.
(2) the use of the building office buildings, disables, if on the basis of the final
visits to find that the conditions are met under section 119
paragraph. 2. Similarly, for building office buildings proceeds made in violation of the
with building permit or reporting, or used without prior
the notification. The appeal against the decision on the prohibition of the use of the building does not have
suspensory effect.
(3) a participant in the proceedings referred to in paragraph 2 is the only client. If you change the
the construction carried out as the client by any other person, on the basis of the agreement with
the owner is a party to the proceedings, whether or not the owner of the building.
(4) after the removal of shortcomings, for which it has been referred to in paragraph 2, the use of
the construction is prohibited, may be with its use began only on the basis of
written consent of the Building Authority, the building can be used.
(5) on request, the Office shall mark the date of construction of the Commissioner of
construction on the copy of the notification to use. Further indication of the building Office,
reference number, the date of the designation, the imprint of the official stamp, the name and
last name of authorized official persons and its signature.
(6) the particulars of a notification referred to in paragraph 1 shall lay down detailed legal
prescription.
§ 121
(1) the client shall submit to the authority together with the notice concerning the use of
construction according to § 120 paragraph. 1, or requests for the release of the final building approval
consent, data indicating the position of the definition section of the construction and the address
points ^ ^ 41a), documentation of the actual construction, if its
the implementation of an nepodstatným deviations compared to that of the building
authorisation, reporting the building Office or certified project
the documentation. If it is a technical or construction of transport infrastructure,
provide documentation of the geodetic part of the actual construction.
If the construction of the subject of registration in the land register ^ 22) or its
construction occurs to the property Division, showing the client also geometric
the plan. If the building is located on the territory of the municipality, which leads the technical map
for the purposes of the municipality and its management has released a generally binding Decree ^ 66),
the client also showing proof, that the competent municipal authority
have been reported and documented the changes concerning the content of the technical map of the village.
(2) If the construction of a new building, which is allocated a house number
or registration ^ 41b), or the number of the indicative, the construction authority after
presentation of the supporting documents referred to in paragraph 1, in writing, the appropriate prompts
the village on the allocation of the descriptive number or registration, or
guidance.
§ 122
Occupancy
(1) the structure, whose properties cannot affect the future users,
for example, a hospital, a school, a rental apartment building, construction, trade and
industry, the building for the collection of a large number of people, the construction of transport and
civil infrastructure, building for the accommodation of convicts and detainees,
on the building, which was provided for the implementation of trial operation, and
the change of the construction, which is a cultural monument, can be used only on the
the basis of occupancy. Approval issued on the request of the Commissioner
the competent authority building. The client in the request, the identification data
of the structure and the expected date of its completion. For the issue of
client occupancy shall affix the binding opinion of the concerned
authorities to the use of the construction required special legislation ^ 4).
If the construction of the subject of registration in the land register ^ 22), shall ensure
geometric plan Builder.
(2) the Building Authority shall, within 15 days from the date of delivery of the request, the Commissioner shall determine
the final inspection tour of the building and at the same time, indicating
which documents the client will submit. Final inspection tour
construction must be carried out within 60 days from the date of delivery of the request for extradition
of occupancy.
(3) when a final inspection tour of the construction authority examines compliance with the
the conditions pursuant to section 119 paragraph. 2. If the Building Authority does not detect faults
to prevent the safe use of construction or conflict with the terms of section 119 paragraph.
2, issue within 15 days from the date of implementation of the final inspection
occupancy, which is proof of the permitted purpose.
On the issue of occupancy do not apply parts of the second and third
of the administrative code. Consent can be examined in the review, which can be
start up to 1 year from the date when the agreement became the legal effects.
Decision in the matter of the review procedures at first instance cannot be issued after
the expiration of 15 months from the date when the agreement became the legal effects.
(4) if there are deficiencies in the building to prevent its safe use
or conflict with the terms of section 119 paragraph. 2, building authority approval
the consent shall not issue and decision, that is the first act in the proceedings, the use of
construction of the disables; a participant in the proceedings is the client, the owner of the building,
where appropriate, the future user of the building. The appeal against the decision has
suspensory effect. The client shall notify in writing the removal of shortcomings
building Office, which, after verifying that the notification conforms to reality,
issue occupancy within 15 days from the date when the notice
the Builder.
(5) the client may substantiate the request for the issue of occupancy according
paragraph 1 also expert opinion (the certificate) by an authorized
Inspector. In that case, can the construction authority to waive the final
visits to buildings and to issue the final approval on the basis of this
opinion.
(6) the Substantive requirements for the issue of occupancy and
Essentials of occupancy, the content and structure of the certificate
lays down detailed legal prescription.
section 123
The premature use of buildings
(1) the Building Authority may, at the request of the Commissioner to issue a time-limited
permission to use the building early before its final completion,
If it does not have a substantial effect on the uživatelnost of the building do not endanger it
the safety and health of persons or animals or the environment. In the case of the construction
carried out by a contractor the client application connects to an agreement with the
the contractor of the building, containing his consent or agreed
the conditions of the early use of buildings; for other buildings will propose
the client terms and conditions of use of the building in early applications. A participant in the
control is the client, the contractor and the owner of the building.
(2) the client to request for the early use of the construction works shall be binding
opinions, where appropriate, the opinion of the authorities concerned and data indicating
location definition point and address space ^ 41a). If building
the Office shall issue a permit to the premature use of buildings, the construction authority
proceed by analogy with § 121 paragraph. 2.
(3) are not complied with the conditions in paragraph 1 for the authorisation
early use of the buildings, the Building Authority shall reject the application.
(4) After completion of construction, according to the circumstances, shall proceed pursuant to section 122,
where appropriate, under section 120 or 124.
(5) the requirements for an application for early use of construction lays down detailed
legal prescription.
section 124
Test operation
(1) the test verifies the functionality of the building operations and properties
made the construction documentation and project documentation. Test
the operation of the building, the authority shall, at the reasoned request of the Commissioner or
orders on the basis of the request of the authority or in another setting out the
case. The decision shall indicate in particular the duration of the trial run
construction and, if necessary, lay down the conditions for it, where appropriate, conditions
for a smooth transition to the use of the test operation of the building. The evaluation of the
the results of trial operation the client connects to the application for release
of occupancy. Test operation can be enabled only on the basis of the
a binding opinion, where appropriate, the decision of the
authority. The Building Authority may also, if necessary, for the implementation of
test operation imposed by section 115, paragraph. 2, provide new
the decision further conditions. For the duration of the trial run can be used without
the previous management to issue a new decision on the extension of the duration of the
test operation.
(2) a participant in the proceedings referred to in paragraph 1 is the client and the owner of the building.
section 125
Documentation of the actual construction
(1) the owner of the construction works is required to retain for the duration of the construction
certified documentation corresponding to its actual implementation by
permits issued. In cases where the documentation of the construction was not at all
acquired, preserved, or is not in good condition, is the owner of the
the construction required to obtain documentation of the actual construction. When
change of ownership for the construction of the present owner submits the documentation
the new owner of the building.
(2) if the documents are not preserved, from which it would be possible to identify the purpose,
for which construction has been enabled, the building is intended for the purpose for
that is their construction and technical arrangements. If
construction equipment complies with several purposes, it shall be deemed that the construction is
designed for the purpose for which is used without defects.
(3) if the owner fails to comply with the obligation under paragraph 1 building, Office building
his order that took the actual implementation of the construction documentation. If
It is not necessary the full documentation of the actual construction, stores
the construction Office of the acquisition only simplified documentation (passport),
If the client could alone.
(4) if it is not to be taken by the documentation referred to in paragraph 1 or 3
Add, change, or otherwise, rework, it verifies the construction authority and after
one copy shall be sent to the owner of the authorized the construction and municipal office
the area is located in the building, if the Building Authority itself,
with the exception of construction in the scope of the military or another Office building. It
applies also to the actual implementation of the construction documentation submitted
building Office, together with the notice concerning the use of the construction works under § 120 paragraph.
1, applications for the issue of occupancy.
(5) the owner of the construction works referred to in paragraphs 1, 3 and 4 shall be deemed to
the community of owners of units under special legislation ^ 35).
(6) the scope and content of the documentation of the actual construction provides
the implementing legislation.
Change in the use of buildings
§ 126
(1) the construction can be used only for the purpose defined in particular in the kolaudačním
the decision, in the notice on the use of the building or in the kolaudačním consent.
If the building does not require acceptance pursuant to section 119 paragraph. 1, it can be used only to
the purpose of the reports defined in the authorization.
(2) the Change in the purpose of use of construction works, in its operating device, in
method of production or in its substantial expansion and change in activities,
the effects of which could endanger the life and health of the public, life and health
animals, safety or the environment, or change the duration of the
temporary structures, is permissible only on the basis of consent or authorization
Building Authority. The provisions of section 81 does not prejudice.
(3) a change in the use of construction must be in accordance with the planning
documentation, with the objectives and tasks of spatial planning, with the General requirements on the
the construction, with the public interests protected by this law, and the specific
the legislation.
(4) If the change is in the use of the building subject to the change of the completed building,
that requires notification or a building permit, the Building Authority shall consult
change the completed construction. According to the nature of the changes to the finished construction
in accordance with section 78 to 96a and section 104 to 117. In the notification or the request for
building permit or in a notification pursuant to section 117 shall at the same time
the proposed change in use. After you complete the changes to the building, according to the
circumstances shall proceed pursuant to section 120 or 122; in the notice of the use of or in
request for occupancy at the same time indicating the new purpose of use.
§ 127
(1) a change in the use of the building, which is not subject to change completed
construction, building Office person who has to build ownership
the right or the right to change the use of the building proves. The notification contains a description of
and justification of the proposed changes, its extent and consequences. To the notification
attach proof of ownership for the building, not the right of ownership
Verify in the land register remote access, where appropriate, the consent of the
the owner of the building with the change in use, documentation showing
existing and new way of use of the individual rooms and spaces
the opinions of the owners of public transport and technical infrastructure,
that is the building connected, if a change in the use of construction requires, and
binding opinions, where appropriate, the decision of the authorities concerned, the required
special legislation ^ 4).
(2) if the notification Is complete and announced a change in the purpose of use complies with
the conditions pursuant to section 126, paragraph. 3, does not affect the rights of third parties, does not require
a more detailed assessment of the effects on the surrounding area, does not require a trial operation or
It is not necessary to specify the conditions for use or conditions to ensure
the protection of public interests, the Building Authority shall give the consent to the change in the use of
construction within 30 days from the date of submission of the notification.
(3) on the issue of consent to a change in the use of the building not covered by part
the second and third of the administrative code. Consent contains identifying information about
the notifier, a description of the purpose of use of construction works, current and demarcation of the new
the purpose of the use. Consent shall become the legal effects of the date of receipt
the notifier. The consent shall be forwarded to the institutions concerned and to the owner of the building,
If not by the developer. The notifier shall be delivered together with a certified
documentation or project documentation. Approval can be reviewed in
review, which you can launch up to 1 year from the date of approval
took the legal effects. Decision in the matter of the review in the first
the degree may be made after the expiration of 15 months from the date when the agreement came into
the legal effects.
(4) if the building authority concluded that the notice is not complete or change
in the use of the building does not meet the conditions for the issuance of the consent to the change in
the use of the building, a resolution that decides the reported change in the use of
discuss in the proceedings; This resolution shall be notified to the notifier and not only
the appeal against that decision. Notice shall be deemed submitted a request for authorisation
changes in the use of the building; the procedure is initiated on the date of submission of the notification. The time limit
for the issuance of the decision begins to run from the final resolution. If it is a
for the assessment of changes in the use of the buildings necessary, prompts the construction Office
the notifier to supplement the other supporting documents. If the authorised person
an application for authorisation, the proceedings and the resolution is issued.
To enable a change in the use of the building contains in addition to the consent of the
the conditions for the new purpose of use of construction works, which will ensure the protection of the
the public interests or the rights of the parties to the proceedings.
(5) if the assessment of the effects of use of the construction works on the territory, invite
the construction authority at the same time with the release of the resolution referred to in paragraph 4 of the notifier
to submit a request under section 81. In this case, the Building Authority may
contact management about changing the impact of the use of the construction works on the territory with the management of change in the
the use of the building; the document shall be served in the common proceedings pursuant to section 87.
(6) the Substantive elements of the notification and the annexes thereto, the consent, the decision on the
change in the use of the buildings and their annexes lays down detailed legal
prescription.
Part 3
Removal of buildings, landscaping and editing device
§ 128
To enable the removal of buildings, landscaping and editing device
(1) the owner of the construction works is required to notify the building Office intention to delete
the building, with the exception of the structures referred to in section 103, unless it is a building under section
paragraph 103. 1 (a). (e) points 4 to 8) or the construction, in which it is contained asbestos.
Report contains basic information about construction, expected date of
the start and end of the work, how to fix the buildings, identify
the adjacent land necessary for the execution of the demolition, the statistical
indicators for buildings containing flats. In the case of buildings, which require
building permit or notification according to § 104 paragraph. 1 (a). and (e)),)
connects to the reporting documentation demolition, binding opinion,
where appropriate, the decision of the institutions concerned on how to delete a required
the special law, the expression of the owners concerned public
transport and technical infrastructure; document proving ownership
the right to build, if you cannot validate the right of ownership in the land registry
real estate by remote access. Documentation of the demolition work, which
includes construction, its situation to be a brief description of the Organization
the demolition work, information on compliance with the requirements of the institutions concerned, shall
be submitted in duplicate, and if there is a local authority in the place of the construction
the Building Authority, excluding buildings within the scope of the military and other
construction of offices, shall be presented in triplicate. The announcement of the intention to remove the construction
is served by the Building Authority, which has authorised construction; If has lapsed, served
the construction authority, which would have been competent to permit.
(2) if the Declaration Is complete, the intention to prejudice the rights of third parties or is not
need to specify the conditions for the removal of structures or conditions to ensure
the protection of the public interest and is not a case referred to in paragraph 6, building
authority shall issue an approval with the removal of the building within 30 days from the date of submission of the
the announcement.
(3) on the issue of consent with the removal of the building not covered by parts of the second and
the third of the administrative code. Consent contains identifying information about
owner, information about the location and purpose of the work and the method of execution of the demolition
the work. Consent shall take effect on the date of delivery of the legal owner.
The consent shall be forwarded to the institutions concerned and to the owner. The owner shall be forwarded
along with certified documentation of the demolition work. Approval can be reviewed in
review, which you can launch up to 1 year from the date of approval
took the legal effects. Decision in the matter of the review in the first
the degree may be made after the expiration of 15 months from the date when the agreement came into
the legal effects.
(4) if the building authority to the conclusion that the report is not complete or not
the conditions for the issue of consent, shall decide by resolution that reported
the intention to delete the construction will discuss in the proceedings; This resolution shall be notified
only stavebníkovi; against this resolution cannot be appealed. Filed by
the Declaration shall be deemed to permit the construction, control is
date of submission of the Declaration initiated. The time limit for issuing the decision begins to run
from the legal power of the resolution referred to in the first sentence. If it's for the assessment
removal of buildings necessary, at the same time, the Office shall invite the owner of the building to
complete the request for more documents. If the owner of the building in
those cases, filed a request for authorisation directly delete, resolution
It is issued; for the content of the application of paragraph 1 shall apply mutatis mutandis.
A participant in the proceedings is not the tenant of the apartment, commercial space or land.
Authorisation to remove the building contains in addition to the consent of the
the conditions for the removal of buildings, to ensure the protection of the public
the interests or rights of the parties to the proceedings.
(5) the owner of the construction works is required to ensure that the removal of the construction was
carried out the construction entrepreneur. The building, which is to carry out the
does not require a building permit, the owner can delete a self-help,
If you ensure the implementation of the construction supervision. The buildings in which it is contained
asbestos shall ensure the implementation of supervision by a person who has authority for vocational
management of the implementation of the construction under a special legal regulation, ^ 14).
The obligation of the owner of the building, you want to set specific legal
^ 4), the provisions are not affected.
(6) a permit is leading the proceedings, if the announced intention of the
delete a construction or landscaping refers to real estate, which is not
cultural monument, but it is in a conservation reserve, a conservation zone or
the protection zone of immovable cultural monuments, immovable national cultural
monuments, conservation or preservation zone ^ 32), and binding
the opinion of the authority of the State historic preservation laid down the conditions for the implementation of
This intention. The procedure for authorisation of removal is also leads in the case, when
with the intention to delete the reported construction concerns of the property in which is contained
asbestos, and binding opinion of the public health protection authority provides
the conditions for the implementation of this plan. Filed in announcement of the removal of
these cases considered the application and the date of its submission is initiated
the authorization procedure for the removal of the building. A participant in the proceedings is not the lessee
apartment, commercial space or land.
(7) for the removal of field modifications and equipment shall apply the provisions of
paragraphs 1 to 6, mutatis mutandis.
(8) the content requirements report and its annexes, of the documentation of the demolition
the work of the consent, the decision and its annexes lays down detailed legal
prescription.
§ 129
Regulation of the removal of buildings, landscaping and editing device
(1) the construction authority orders the removal of the construction
and the owner of the building) that its defective condition is life-threatening or
the health of persons or animals, safety, the environment or property
third parties, and its owner over the decision of the Building Authority in the
time limit did not remove the defective condition of the building; with respect to the construction, which
It is a cultural monument, proceed according to a special legal
^ regulation 32)
(b) the owner of the building), or with his consent by stavebníkovi construction
or made without a decision or measure or other action
required by the building Act or in conflict with him, and the building was not
Additionally, enabled
(c) the owner of the building), for which a building permit has been revoked under section 176
paragraph. 5,
(d)) that does not require the owner construction, zoning, building
the authorisation or the Declaration of the building, but is carried out or were carried out in
conflict with the law, or to the owner of the land on which the
carried out, it is not known if the owner of the building,
(e) the owner or stavebníkovi) of the construction carried out by, or made in accordance with
decisions or measures required by zoning laws, which was
been repealed in the review or by a court decision and the construction
has not been enabled in the repeated construction management,
(f) the owner of the buildings, temporary) that has elapsed times of the
duration and was allowed a change in the use of, or
(g) the construction of a temporary owner) according to § 104 paragraph. 1 (a). (c)), for which
expired provided for its duration.
(2) the Building Authority shall initiate the procedure for the removal of the building referred to in paragraph
1 (a). (b)). In the notification of the initiation of the proceedings shall instruct the owner or the Builder
the possibility to submit within a period of 30 days from the initiation, a request for additional
the authorization of the construction. If the request for the additional authorisation submitted before
the commencement of proceedings for the removal of buildings, it is considered, that was made in the
the time of the initiation of the proceedings for the removal of the building. If the client or the
the owner of the building shall request in due time about the additional authorization,
the Building Authority shall suspend the removal of buildings and leads the management of applications submitted
request. If it is a construction that requires a building permit, the applicant shall submit to the
the supporting documents required for application for a building permit. In the case of the construction
requiring notification, the applicant shall submit the supporting documents required for reporting.
In the case of construction requiring only planning decision, the applicant shall submit to the
the supporting documents required for application for a planning decision. In proceedings of the
additional authorization of the construction of the building, the authority shall proceed mutatis mutandis under section 90
and section 110 to 115; on-the-spot inspection is mandatory. The participants in the proceedings about the
additional authorization of the construction are the persons referred to in section 109, and if it is in
management considered the location of the building or change from the territorial
the decision, also the persons referred to in section 85. On the application of the opposition
Parties on the additional construction shall apply mutatis mutandis
the provisions on the application of the opposition in the municipal and construction management.
(3) the building referred to in paragraph 1 (b). (b)) can be retrofitted if
the client or the owner proves that the
and is not in breach of) with the objectives and tasks of spatial planning, policy
spatial development, planning documentation, and territorial measures
construction uzávěře or with territorial measures on the rehabilitation of the territory or with the
previous decisions of the territory,
(b)) is not implemented or carried out on land, where a specific legal
the regulation prohibits or restricts,
(c)) is not in conflict with the General requirements for the construction, or with the public
interest protected in a special legal regulation.
If enabled, the construction of the additional building management office on the Elimination
the construction stops. Additional authorization is replaced by the extent
planning decision. If the subject of an additional authorization, unfinished
building, construction Office lays down the conditions for its completion.
(4) in the case referred to in paragraph 1 (a) of the building. (d) the construction authority ordered)
removal of buildings, if not proven violation of legislation
or the owner of the infringement subsequently reformed; building
the Office of proceedings on the removal of the building leads to a by order of stops
the file. Additional authorization is issued.
(5) in the case referred to in paragraph 1 (a) of the building. e) leads the construction authority repeated
construction management. For a request for this purpose considers the request or
the filing, which was subsequently released under the building Act repealed
decision or action. In repeated construction management progresses
the construction authority under sections 109 to 115; Supplement documents requires only
extent necessary for repeated discussion of the construction. The time limit for the issue of
the decision shall begin to run on the day following the entry into force
abolished by the decision. If it is not in the repeated construction management construction
is enabled, the construction Office without prior proceedings orders
the removal of the building.
(6) the Building Authority shall initiate the procedure for the removal of the building referred to in paragraph 1
(a). (f)). In the notification of the initiation of the owner about the possibility of submitting
within 30 days of the request for a change in the use of temporary structures, consisting in the
extension of the period of its duration or for the construction of permanent change. If
the owner of the construction works shall submit this request, building management office on the Elimination
construction and management of leads broken applications; the proceedings shall be
subject to the provisions of section 127. If the application is granted, construction Office
the procedure for the removal of the construction stops.
(7) in the case of field modifications and equipment shall be in accordance with paragraphs 2 to 6
mutatis mutandis. Issued by the additional authorization is replaced by territorial decisions.
(8) If it should be required to restore the previous state of the building,
that were without a building permit or the announcement of the building Office or
in conflict with him carried out construction works consisting in the removal of
some parts of the building, the Building Authority in accordance with paragraphs 2 and 3
mutatis mutandis.
(9) in the case of the removal of part of the regulation of the construction, which will require
completion of the work to secure the construction of the technical condition of the building and
the conditions for its use and to their implementation is the necessary project
documentation or other supporting documents, shall order the owner of the building office buildings,
to delete a part of the regulation effected to
enlist in the specified period. If the owner fails to comply with that obligation,
affix the project documentation or other documentation on building Office
the cost of the owner of the building; This procedure must be the owner of the building in advance
alert.
(10) the parties about the removal of regulation of the construction are required, the person
that they have ownership or other real rights to the land on which it is
the construction of the buildings being deleted or placed on them, as well as persons who
have ownership or other rights in rem to the neighboring land and buildings on the
them, and these rights may be directly affected by removing the buildings.
section 130
(1) the authorisation or regulation the removal of buildings, terrain modifications or
the device provides the construction authority conditions resulting from the technical
requirements for the construction, the conditions for archiving documents, where appropriate,
requests to edit the site after the removal of the building. It may also save
the owner of the building to present a proposal for routing
work on the removal of buildings, including the necessary measures to avoid,
restrictions or to compensate for any negative consequences on the
the environment in and around the building.
(2) if the Court has decided on the removal of the building required, request the person
the construction authority concerning the determination of the conditions for the removal of buildings; the decision,
fixing the conditions it lays down, is the first act in the proceedings.
§ 131
(1) the costs of the removal of the building bears the one was the removal of the construction
ordered.
(2) the one who ordered the removal of construction shall be responsible for the damage, which
in connection with the disposal of the construction on the adjacent building or
the plot, if not caused by their defective condition. The cost of the necessary
the security work that must be done for the defective condition of the neighboring
the construction of this building, the owner of the bears.
§ 131a
The owner of the building, or any other person, that removed the construction, shall notify the
This fact within 30 days after the removal of the building to the competent building
the Office.
TITLE II
CONSTRUCTION SUPERVISION AND THE SPECIAL POWERS OF THE BUILDING AUTHORITY
§ 132
The common principles
(1) the building authorities carry out systematic supervision over ensuring the protection of
public interests, the protection of the rights and legitimate interests of legal entities and
of individuals and of the fulfilment of their obligations arising from this
law and legislation adopted for its implementation.
(2) the Building Authority is authorised to be in the public interest
and carry out visits to buildings),
(b) order the removal of the construction) emergency,
(c)) must be the security, ordering the work,
(d) prescribe the necessary adjustments on the) construction, building plot or on the
built-up construction land
(e) prescribe the implementation of maintenance work),
(f) order the eviction of the building),
(g) impose measures on neighbouring) of the land or the building.
(3) the public interest means the requirement that
the construction was carried out) in accordance with decision or other measures
Building Authority,
(b)) was used only for the construction of the permitted purpose,
(c) the construction of the life-threatening), and the health of persons or animals, the safety,
the environment, the interests of the State historic preservation, archeological findings and
the adjacent buildings or causing other damage or loss,
(d)), in the construction and use of buildings and building land was preceded by
the consequences of the natural disaster or a sudden accident, faced their effects
or to reduce the risk of such effects,
(e)) were removed, the fire safety construction, public health,
health or operating faults in the construction of the building or the land,
including the use of barrier-free construction barriers.
(4) the provisions of paragraph 2 shall apply mutatis mutandis to the landscaping and
the device.
(5) the Building Authority shall give reasons for a particular decision in the public interest, which
intervention required.
The inspection tour of the construction
section 133
(1) the Building Authority carries out inspection tour of under construction buildings in the
the stage referred to in the conditions of the building permit, in the inspection plan
tours of the building, before issuing the certificate of occupancy and, in cases where
to be ordered emergency removal of buildings, security must be
the work, the necessary adjustments or evacuation of the buildings; can perform the inspection
the tour also ordered maintenance work, for deleting the construction and in the
in other cases, when it is for the fulfilment of the tasks of building regulations required.
(2) When the inspection tour of the construction authority ascertains in particular
and compliance with a decision or other) measures construction authority concerning
buildings or land,
(b) whether the project is carried out) by certified or authenticated documentation
project documentation, in accordance with section 160, and is properly maintained
construction or a simple record of construction
(c) the construction and the technical state of buildings), that it is not threatened by the life and health
of persons or animals, or the environment,
(d) implementation or operation) whether the construction is not above the permissible degree of
offended by her surroundings, the prescribed tests are performed and whether it is maintained
construction or a simple record of construction
(e) whether the client fulfils the obligations) arising from § 152,
(f) whether the construction is used) only authorised for the purpose and in the manner laid down,
(g)) is properly carried out maintenance of buildings,
(h)) is to ensure the security in the removal of the building.
(3) the inspection is carried out on the basis of the verified design
documentation, documentation, where applicable, processed to levels of documentation for
the implementation of the construction.
(4) on the challenge of Building Authority are required to participate in the nature of things
In addition to the visits to the Commissioner whether or not the designer or the main
engineer, construction manager and the person exercising supervision. To
the inspection tour of the construction authority, as appropriate, also invited interested
authorities, an authorized officer or the Coordinator of safety and
health at work, when it operates at the site.
(5) the Building Authority leads a simple register of control
inspections of individual buildings. This evidence must be noticeable when
the inspection tour was performed, that related to the building and what is the
its result.
(6) To conduct inspections of the building not covered by a specific legal
legislation on State control ^ 42). For the entry on the land and in the works when
the inspection tour of the provisions of section 172, paragraph. 2 to 6 apply mutatis mutandis.
§ 134
(1) the Building Authority may approve an amendment to the building control inspection
prior to its completion (article 118, paragraph 3).
(2) where the Building Authority for the inspection tour of the construction defect or
If required by the accuracy and completeness of the findings according to § 133 paragraph. 2, invite
as the case of the Commissioner, the person who provides professional guidance
the implementation of construction and has the permission for this activity under the Special
^ 14) Act (hereinafter referred to as the "Site Manager") or the person
carrying out the construction supervision or the owner of the building, to set
limit the cache. The Building Authority may also invite these persons,
to submit the necessary documents, such as certificates of suitability
used for construction products.
(3) If a challenge within the time limit granted, shall issue a construction Office
the decision, which shall order a remedy; in the implementation of construction may
decide on the interruption of work and establish the conditions for their
the sequel. There is a risk of default, shall decide without previous
challenges. The decision of the Building Authority is the first act in the proceedings, the appeal
against him does not have suspensory effect.
(4) if the project is carried out or being deleted without a decision or
the measures required by the building Act or in conflict with him, inviting
construction Office, as the case of the Builder or the owner of the building to
immediate cessation of work and shall initiate the procedure referred to in section 129. If it is not
the invitation has been accepted, the Building Authority will issue a decision which orders the cessation of
work on the construction site. The decision is the first act in the proceedings, the appeal against the
It does not have suspensory effect.
(5) the provisions of section 133 and § 134, paragraph. 1 to 4 shall apply mutatis mutandis for the
the inspection tour of the buildings under section 103 and 104, the product which fulfils the
the function of construction of field modifications and equipment and for the inspection tour on
building plot of land.
(6) the scope and content of the documentation for the implementation of the construction elements of the call
and the scope of the survey when the control inspection under construction
the building provides detailed legal prescription.
Urgent removal of buildings and security work must be
§ 135
(1) the Building Authority shall order the owner of the building emergency removal of buildings
and ensure its removal if they are at risk the lives of people or animals
the fact that the building threatened to collapse.
(2) the Building Authority shall order the owner of the construction implementation of the necessary
the security of the work, if the building of its technical status threatens
the health and the lives of persons or animals, if it is not needed to be urgently
delete the.
(3) there is a risk of default, shall ensure the removal of the building or the need to
security of work referred to in paragraphs 1 and 2 of the Authority building through
the construction of the entrepreneur, which is technically equipped to perform them;
such entrepreneurs can construction Office carrying out the work required.
(4) in the cases referred to in paragraphs 1 and 2 of the Authority building control
a tour of the building, which invites the parties, only detects
her actual status and decide on the regulation of urgent elimination
construction, necessary security work, where appropriate, the evacuation of the building.
The appeal against the decision does not have suspensory effect.
(5) the removal of buildings, need to work, where appropriate, security clearance
the building construction authority may require even without prior consultation with the
the owner of the building.
(6) the costs incurred for the emergency removal of buildings and on the need to
security work shall be borne by the owner of the building. If the Building Authority shall ensure
carrying out the work referred to in paragraph 3 the construction entrepreneur and owner with
This professional has agreed to cover the costs, pay and on
the owner shall recover the municipality, the municipal office is the Building Authority.
§ 136
(1) the Immediate removal of the construction, the implementation of the necessary security
work, where appropriate, the evacuation of the building construction authority may order orally
during the inspection tour, if they are defective the status of construction
threatened the lives and health of people or animals.
(2) the course of the inspection referred to in paragraph 1 takes the construction authority
the Protocol, which contains the facts found and has the essentials
confirmation of the orally announced decision by administrative order; receives the
It visits to the participants. A written copy of the declared
the decision of the Building Authority shall transmit to the parties to proceedings without undue
delay additionally.
(3) the specific legal provisions relating to emergency
the status and security of work ^ 43) are not affected.
§ 137
The necessary adjustments
(1) the Building Authority may require the owner of the building, building land
or developed building land necessary adjustments
and which obtained) to the use of the building or its equipment
do not damage the environment, unreasonably troublesome users
and the surrounding noise, emissions, including smell, shocks, vibration, the effects of
non-ionizing radiation or light radiation
(b)) which eliminate the other health, safety, fire and
operating faults and defects on electrical equipment construction,
(c)) which will be granted to the requirements of defence, safety and security
the population invoked by the competent authorities (article 175),
(d)), in order to the safety and the flow of traffic on the road,
(e)), consisting in the construction of the connection to the technical infrastructure and
editing, which equips the social construction or other health
the device,
(f)) to ensure the efficient collection and disposal of waste water in the
accordance with the law, to facilitate the flow of storm water or to
prevent ingress of surface water in the buildings and on the adjacent land,
(g)) of the preservation of the building under construction, whose implementation was
interrupted or stopped,
h) which provides wheelchair access and use of the land or
the construction,
I) which ensures the protection of architectural and archaeological
heritage.
(2) the provisions of paragraph 1 shall apply mutatis mutandis for the landscaping and
the device under this Act.
(3) necessary adjustments referred to in paragraph 1 may require the construction authority only in
If the building or facilities are not built and used in accordance with the
the terms of the authorization of the Building Authority. If the construction or
the device built and used in accordance with the terms of the authorisation
Building Authority, the Building Authority may order the necessary adjustments according to the
paragraph 1 only if proven to be a significant threat, and for compensation
the injury, which would have triggered adjustments ordered.
(4) if necessary, the adjustment that has to be ordered, the design
documentation or other supporting documents, orders the execution of the building Office and editing
the extent, method and the conditions for its implementation.
(5) if required by the implementation of the necessary adjustments to the design documentation, or
other supporting documents, building Office as soon as possible the measures require their owner
the construction of the building or the land on which the adjustments are to be made, and
set a time limit for their submission. At the same time shall decide on the grant of
the advance to cover the costs of the construction of the contribution of the acquisition of this
documentation and on the conditions for its payment. If the owner fails to
obligation to affix the stored, necessary documents Building Authority on its
the cargo; This procedure must notify the owner in advance.
(6) After the measures documentation or other supporting documents advancing construction Office
Similarly, as mentioned in paragraph 4. Their work connected with the necessary
the owner of the building or modifications of building land, notify the building
the Office.
§ 138
The building allowance
(1) the owner of the building, building land or developed building
the land, which was ordered to perform the necessary adjustments under section 137
paragraph. 1 (a). (c)) to (i)) or the necessary measures under the Special
^ Law 44), belongs to the reimbursement of the costs of building the post
If requests it. The building allowance shall be granted to cover the part of the
costs that are directly related to the implementation of the necessary adjustments ordered.
(2) in the application for the grant of the contribution must be mentioned, for which
ordered the necessary adjustment is required and the contribution in what amount.
(3) Building the allowance money. With the exception of the adjustments
ordered under section 137, paragraph. 1 (a). (c)) post provides construction
the Office, the necessary adjustments ordered. Grant issued
the decision, which establishes the amount of the contribution and the manner of its provision.
A participant in the proceedings is the only applicant.
(4) building a post shall be granted, are to be provided with the necessary
edits removed defects resulting from violation of the obligations or failure
owner, laid down in this law or any other law.
The contribution will also be granted, if it can ensure payment of the costs of
the implementation of the necessary adjustments, or ordered by the processing project
documentation in accordance with the specific legislation.
(5) Content requirements decision granting a contribution sets out
the implementing legislation.
section 139
Maintenance of the building
(1) if the construction is not properly maintained, can the owner of a building Office
the construction required redress. The cost of maintenance work shall be borne by
the owner of the building. Tenants of flats and non-residential premises are required to allow the
the execution ordered by maintenance work.
(2) in the case of construction intended for use by the general public may require building Office
its owner to submit the material time and plan maintenance
work on individual parts of the building and on the technological or other
the device.
§ 140
Evacuation of the building
(1) if there are faults in construction threatened the lives or
the health of persons or animals, or to be ordered emergency removal
you need to work or security under section 135, paragraph. 1 and 2, building
the Office directs all persons who reside in the building, so that it shall immediately
vanquished. Under the circumstances, also order that the construction was escorted out of the
animals.
(2) the Building Authority may order the execution of the work entitled vyklizovacích
^ 2), the person that is eligible to perform the eviction. It might also require
delete even portable goods or parts of buildings and equipment, which is
possible without endangering the life and health of persons, from the construction of the cut.
(3) if the Building Authority orders the evacuation of the building and there is a danger of
delay limit control to determine the status of the control and inspection
the release of the oral clearance regulation; its contents must be drawn up
the Protocol, which has the essentials certificate of orally announced decision
According to the administrative procedure. A written copy of the decision on the regulation
evacuation of the building delivers the construction Office vyklizovaným persons, the owner of the
construction, vyklizující and the village of without undue delay.
(4) Has to be ordered the eviction of the apartment or room for
housing must be ensured, at least for vyklizované persons
shelter ^ 45); the municipalities are obliged to within the limits of its remit to challenge
Building Authority provide the necessary synergies.
(5) the special legislation governing buildings for vyklizování
the immediate threat to the life or health of persons ^ 43) are not affected.
§ 141
Measures on the adjacent land or building
(1) to create the conditions for the implementation or construction changes necessary
the security of the work, the necessary adjustments, maintenance work and to
removal of buildings or equipment can save the construction authority to those who
have ownership or other real rights to adjacent land or buildings
to them, to allow completion of the work of their own land or buildings,
If between interested parties to reach agreement. A participant in the proceedings is
the one in whose favour the obligation is to be saved, and one of whose land
or construction works are to be carried out.
(2) the one in whose favour the obligation referred to in paragraph 1 is stored, it must
pay attention to what at least disturbs the use of adjacent land or buildings and to
carried out work incurred damages, which can be prevented. After
the end of the work is obliged to indicate the neighbouring plot of land or the construction of the
previous state; fail to comply with this obligation or other
the agreement, under the general laws on compensation.
section 142
The participants in the proceedings
(1) a party to proceedings under section 135, 137, 139 and 140 is a person who has
right of ownership or other right to the land and buildings on the
them, including the neighboring land and buildings on them, if this right
may be directly affected by the decision.
(2) the Tenants of flats and non-residential premises are parties only if
their rights under the lease may be directly affected by the implementation
Regulation of the Building Authority in accordance with paragraph 1.
(3) a participant in the proceedings is a construction entrepreneur, which is to be ordered to
the implementation of urgent removal of buildings or the necessary security
the works under section 135, paragraph. 3, and the authorized person ^ 2), which has been ordered
the implementation of vyklizovacích of the work pursuant to section 140 of paragraph 1. 2.
(4) where a party to the proceedings referred to in paragraphs 1 to 3 of the objection
the civil nature of the construction authority that can decide on
the basis of the General requirements for the construction, binding opinions of the concerned
authorities or the technical standards, and it is about control, where there is a risk of
the delay, the construction authority on the opposition's judgment and decide in the matter.
The party instruct on the law assert an objection in court.
TITLE III
AUTHORIZED INSPECTOR
§ 143
(1) an authorized officer shall be appointed by the Minister for local development
natural person who
and requested the appointment of an authorised) Inspector,
(b) the master's education) reached the architectural or building
direction and is an authorised person under special legislation ^ 14)
c) showed at least 15 years of experience in project activities or in specialized
management of construction or the construction of the Office, if the certificate of
special professional competence in accordance with special legislation ^ 17),
(d)) has demonstrated its integrity statement of no criminal records
older 3 months,
e) demonstrated the legal and professional knowledge and experience required for the performance of
function test before the professional Commission, whose members shall be appointed and dismissed by the
Minister for local development,
f) demonstrated its disciplinary integrity.
(2) under the conditions laid down in paragraph 1 (b). and (b))), d) and (e)) and after
expression of the Czech Chamber of architects or the Czech Chamber of Chartered
engineers and technicians engaged in construction (hereinafter referred to as the "Chamber") can be
authorized by the inspector appointed exceptionally and an expert from the high school,
the research of the workplace or the Scientific Institute, even if it does not meet
the prescribed practice.
(3) when filing a request for the appointment of an authorized inspector is a candidate
required to pay the administrative fee in accordance with a special legislative
^ Code 46).
(4) an authorised officer is appointed for the performance of functions with competence
for the whole territory of the Czech Republic for a period of 10 years. This time will be on his
the request is extended without the exam a maximum of ten years, if the
proven activity authorized inspector systematically pursued.
(5) the content requirements for an application for the appointment of an authorised Inspector
lays down detailed legal prescription.
(6) the recognition of professional qualifications and other natural persons
proceed according to the law Ministry for the recognition of professional
^ qualification 45a). In the case of a finding of a significant difference in the content of the
education and training in accordance with the law on the recognition of professional qualifications
level of theoretical and practical knowledge needed for the performance of
the profession of an authorized inspector validates the differential test
performed in Czech or Slovak language.
§ 144
(1) the functions of the authorized inspector shall cease
and death or declaration) for the dead,
(b)) by a written declaration of the termination of the activities of the authorized inspector
delivered by the Minister for local development,
(c)) the expiry pursuant to section 143, paragraph. 4, or
(d)) on the day the decision of the Court, which was authorized by the Inspector
deprived of legal capacity or competence to which his eligibility
legal capacity is limited.
(2) the Minister for regional development shall decide on the revocation of an authorized
the Inspector,
and when their activities) has repeatedly or seriously violated the public
interests, which had to protect, or is guilty of acts incompatible with the
the status of an authorized officer, or
(b) if the person ceased to be a) integrity under section 145.
(3) the Minister for local development may decide on the revocation of an authorized
the Inspector also for his inactivity longer than 3 years.
(4) the activities of an authorized inspector is not trades under the Special
the legal regulation of the ^ 2) and may be exercised as a profession.
(5) legal persons may, with the consent of the Ministry to carry out the activity
authorized inspector, only if they demonstrate integrity and ensure
her performance of the persons referred to in section 143, paragraph. 1 and 2. When submitting requests for
the consent of the applicant is required to pay an administrative fee in accordance with the Special
^ Law 46). A public company, whose partners
are exclusively the persons referred to in section 143, paragraph. 1 and 2, the activities of the
authorized inspector may exercise without the consent of the Ministry.
(6) carry out the authorized inspectors of the liberal professions together,
modifies the relationship's written agreement. The participants of the Association ^ 46a)
could be solely persons referred to in section 143, paragraph. 1 and 2. The participants of the Association
are required to exercise the profession under the common name and in the common
the place of business.
(7) legal person shall demonstrate its integrity from the register dump
Criminal records no older 3 months.
§ 145
(1) for the purposes of the appointment must be approved by an inspector
a person shall not be considered
and that has been finally) convicted of an offence that is committed in
connection with the preparation or execution of a project or activity
an authorized officer under this Act,
(b)) that was saved as a final Chamber of disciplinary measures
a fine or a suspension or withdrawal of the authorization, if the draft
authorized person canceled Court ^ 47).
(2) the Chamber shall inform the Minister for regional development of the final
the imposition of disciplinary measures, to an authorized officer.
section 146
(1) an authorized officer shall perform its activities in return for payment, which is
arranged by written contract. In the Treaty can be agreed and payment
the costs incurred.
(2) an authorized officer shall be responsible for any damage caused by the performance of its
activity. Before you begin the activity and throughout its duration, must
have the insurance of liability for damage. At the request of the person
that concludes the contract referred to in paragraph 1, is obliged to inform the amount
which is insured.
(3) an authorized officer is obliged to keep records of their actions and
keep it for at least 5 years. When it progresses according to a special
^ Law 48).
§ 147
Authorized inspector is responsible for the professional level it processed and
issued certificates, opinions, as well as other documents and
operations, for the proper and impartial assessment of the detected
the fact the construction documentation and other supporting documents in accordance with the requirements of the
laid down in this law and corresponds to the proposal of the plan for the control
tours of the building.
§ 148
Authorized inspector shall carry out their activity in buildings, on
which participated, participates in or has to participate in their preparation or
the implementation itself or a person close to him, which, for the purposes of this Act,
means
and related in a series of direct), sibling and spouse,
(b) the person with whom) is in respect of
1. the company's business as a partner or as a participant of the Association
or as a member of the cooperative;
2. the working or the staff.
section 149
(1) an authorized inspector is entitled to on the basis of the Treaty,
builders and its cargo
and certify the form defined in) § 117, that the proposed construction or
the change of the building before its completion (§ 118) can be performed,
(b)) to handle the expert judgement (certificate) for the release of the final building approval
consent (section 122)
(c)) to oversee the implementation of the construction.
(2) an authorized officer is obliged to challenge the building Office and the
its cargo to provide within their professional qualification of the expert
synergy.
(3) an authorized officer is obliged to ensure the continuous training of the
the deepening of its professional and legal knowledge necessary for the proper
the performance of the function. To do this, in addition to a separate study uses in particular
training actions organised by the Chamber of Commerce and universities.
section 150
(1) the implementation of training and testing of candidates, keeping
authorized inspectors and other related operations, organizational
ensures Chamber. To ensure a uniform procedure establishes a common
coordinating authority on a proposal from the representative of the Minister for the local Chamber of Commerce
the development of. The costs associated with the preparation for the exam and its execution shall be borne by
the candidate.
(2) the Chamber gathers, records, updates, and provides information
necessary for the operation of authorized inspector. To cover the costs
associated with this activity is authorized inspector annually participates in
contribution in favour of the Chamber. The amount of the allowance is the same as the contribution of the
the designated members of the Chamber.
(3) the procedure for the appointment of members to the coordinating authority and its activities,
the preparation, implementation and content of the tests and the elements and way of management
registration of authorized inspectors shall determine the implementing legislation.
§ 151
(1) the Ministry supervises the preparation for the test, and how to outline
the implementation of the tests on the documents for the appointment and removal of
Chartered Surveyors, on the activities and performance of the agenda with the
related. In conjunction with the building authorities also carries out surveillance of
the activities of authorized inspectors and can put a proposal on the measures referred to in section
144 paragraph. 2.
(2) To carry out the tests of authorized inspectors shall not apply
the administrative code.
TITLE IV
OBLIGATIONS AND LIABILITY OF PERSONS DURING THE PREPARATION, THE IMPLEMENTATION AND USE OF BUILDINGS
§ 152
The client
(1) the client is obliged to ensure the proper preparation and execution of the project;
This obligation also applies to terrain modifications and equipment. Must be on
account, in particular, the protection of life and health of persons or animals, the protection of
of the environment and property, and the protection of the neighbourhood. To do this,
required to ensure the implementation and the evaluation of the tests and measurements of the prescribed
the specific legislation. These obligations has also for the buildings and their
changes that do not request a building permit or reporting or other
like the intention, such as establishing an advertising device. For buildings
carried out by the client the client is also obliged to reconcile
the spatial position of the construction with the proven project documentation. About the launch
work on construction sites exempt from authorisation shall in good
inform the persons directly concerned by these works.
(2) the client is obliged to discuss the plan for the purposes referred to in this
of the Act to obtain the prescribed documentation. If the law requires the processing
project documentation person so authorized, the client is obliged to
to ensure the processing of project documentation, if such a person does not have
necessary permissions alone.
(3) in the implementation of the construction, if you require a building permit, or
the announcement of the building Office, the client is obliged to
and notify the Office in advance) building construction commencement date, the name and
the headquarters building of the entrepreneur, who will carry out the construction for self-help
mold construction supervisor or the name and surname of the person who will be
perform construction supervision; changes in these facts, notify the
immediately the building Office,
(b) before commencing the construction of the place) in a visible location at the entrance to the
the construction site with the permission of the building and keep it there until the completion of the
construction, or to the issue of occupancy; extensive construction
can mark in any other way with the indication of the data from the label,
(c)) to ensure that the construction or building site was available to the authenticated
documentation of the building and all the documents relating to the construction works to be carried out or
its changes, or copies thereof,
d) ushering in the building Office construction phase according to the schedule control
tours of the building, to allow the implementation of visits, and, if
does not prevent the serious reasons, this inspection shall participate,
e) report a building Office immediately upon their detection on
the building, which threaten the lives and health of persons, or the safety of buildings;
This obligation has the client and for the buildings under section 103,
(f) notify the Building Authority in advance) the initiation of trial operation.
(4) for the construction of public budget, financed by the building
the entrepreneur as the contractor, the client is obliged to ensure the technical
supervision over the implementation of the construction of the Builder. If the process design
the documentation for the construction of the person entitled under a specific legal
Regulation, shall ensure that the client designer's supervision of the designer, or
the main designer of compliance carried out by construction with a certified
project documentation.
§ 153
Construction Manager and construction supervision
(1) the Supervisor is obliged to control the execution of the project in accordance with the
by decision of the building authority or by any other action, and with a certified
project documentation, to ensure compliance with the obligations to protect
life, health, environment and work safety arising
of specific legislation, to ensure the proper arrangement of the construction site and
operation and compliance with the General requirements on the construction (section 169),
where appropriate, the other technical regulations and technical standards. In the case of
the existence of buildings and technical infrastructure at the site of the building is required to
ensure the precision routes technical infrastructure at the point of their conflict
with the building.
(2) the Supervisor is obliged to act to remove the faulty
execution of the project and shall forthwith notify the building authority of the fault, which
failed to delete when construction management, to create the conditions for the control
a tour of the building, to cooperate with the person exercising technical supervision
the Builder or designer's supervision of the designer, if they are established, and with the
the Coordinator for safety and health at work, when it operates on
the construction site.
(3) a person exercising supervision matches along with builders for the
the consistency of the spatial position of the buildings with certified documentation, in compliance with the
the General requirements for the construction of a barrier-free use of the buildings, and other
technical regulations and in compliance with the decisions and other measures
issued to carry out the construction.
(4) a person exercising supervision shall monitor the implementation of the method and procedure
the building, in particular, the safety of the installation and operation of technical equipment on the
the construction site, the suitability of the storing and use of construction products, materials and
construction and management of a construction or a simple record of the journal
the construction; Act to remove the deficiencies in the implementation of the construction work, and if her
fail such defects within the exercise of supervision, notify the delete is
immediately the building Office.
§ 154
The owner of the buildings and equipment
(1) the owner of the construction works is required to
and keep the construction under section) 3 (3). 4 for the entire period of its existence,
(b) notify the Building Authority) fault in construction, that threaten the
the lives or health of persons or animals,
(c) allow the inspection tour of the construction), and if this does not prevent the serious
the reasons for this tour to participate,
(d)) to keep building journal for 10 years since the release of the final building approval
consent, if applicable, after completion of the construction, if the occupancy
does not require
e) retain for the duration of the construction documentation of
the implementation of the decisions, certificates, consents, a certified project
documentation, or other important documents relating to construction.
(2) the owner of equipment subject to this law, is obliged to
and equipment) to maintain in good condition throughout the period of its existence,
(b) notify the Building Authority) to equipment malfunction which
threaten the lives or health of persons or animals,
(c) the control device) to allow inspection of, and if it does not prevent the serious
the reasons for this tour to participate,
(d) retain the actual implementation) device, the decision
consents and other important documents relating to the equipment all the time
its existence.
§ 155
(1) Construction, construction managers, persons performing construction
surveillance, authorized inspectors, builders and owners of buildings are
shall be obliged to notify without delay to the competent authority and
the Ministry of the occurrence of the defect, malfunction or breakdown of the construction and the results
the investigation of their causes, if them to loss of life, to
threat to the life of persons or animals, or significant property damage.
The notification must contain, in particular, the place, time, and description of the notified event
its consequences, the nature of the construction, or other circumstances important for the
the correct assessment of the causes; It does not address the evaluation or assessment of guilt
or liability.
(2) the scope and manner of the notification of the occurrence of the defect, malfunction or crash
construction and results of the investigation of their causes lays down detailed legal
prescription.
§ 156
Requirements for the construction
(1) for the building can be designed and used such products,
materials and construction, whose properties in terms of eligibility
construction for the proposed purpose of the guarantee that the construction in the correct implementation and
normal maintenance for the anticipated existence of meet the requirements on
mechanical resistance and stability, fire safety, hygiene, protection of the
health and environmental safety in the maintenance and use of buildings
including the construction of barrier-free use, protection against noise and to save
energy and heat protection.
(2) products for the construction, which are of decisive importance for the resulting
the quality of construction and represent the enhanced level of threat to the legitimate interests,
are defined and assessed according to the specific legislation ^ 39).
§ 157
Construction diary
(1) in the implementation of the building requiring building authorisation or declaration
the Building Authority must be guided by the building to which the journal regularly
record information relating to the implementation of the construction; for the reported buildings
referred to in § 104 paragraph. 1 (a). (e)) to a simple record will suffice)
the construction site.
(2) a construction or a simple record of the building is required to maintain
the contractor for the construction of the building, carried out by the client. Records to the
they are authorized to perform client, supervisor, the person
carrying out the construction supervision, the person performing the inspection tour
the construction and the person responsible for the implementation of selected survey work.
Records are further authorized to persons exercising technical supervision
the Builder and author supervision, if they are such surveys established, Coordinator
safety and health at work, the acts on the construction site,
authorized inspector for construction, for which the execution of the issued certificate
under section 117, and other persons authorized to carry out the tasks of the administrative checks referred to in
special legislation ^ 4).
(3) After completion of construction, the contractor shall send the original of the building
a journal or a simple record of the construction of the stavebníkovi.
(4) if the requirements of the construction and Content of the journal a simple record of
the construction and the way their leadership lays down detailed legal prescription.
PART THE FIFTH
COMMON PROVISIONS
TITLE I OF THE
SELECTED ACTIVITIES IN THE CONSTRUCTION AND THE TECHNICAL COORDINATION OF THE OWNERS
INFRASTRUCTURE
section 158
Selected activities in construction
(1) the selected activities, whose outcome affects the protection of the public
interests in construction, may exercise only the natural persons who have obtained
permissions to their performance under a special legal regulation, ^ 14).
Selected activities are project activities in construction, which
means the processing of spatial planning, urban studies, documentation
documentation for issuance of zoning decisions and for the conclusion of the public
the Treaty, replacing the planning decision and the project documentation in accordance with
paragraph 2, and the professional management of the implementation of the building or its amendments.
(2) the project documentation is documentation
and construction according to § 104) of paragraph 1. 1 (a). and (e)),)
(b)) of the construction for the building permit according to § 115,
(c) the conclusion of a public service contract), pursuant to section 116,
(d)) to assess an authorized officer under section 117,
(e)) changes the structures referred to in points (a) to (d))) before the completion of the
under section 118,
(f)) of the structures referred to in points (a) to (e))) for repeated building
management or additional construction under section 129,
(g)) for the implementation of the construction,
(h)) for the necessary adjustments under section 137, or
I) works to the Declaration in accordance with § 15a paragraph. 2 (a). (c) of the Act).
§ 159
Project activity in construction
(1) the designer is responsible for the accuracy, integrity or completeness of it
processed planning documentation, territorial studies and documentation
for the issue of land-use decisions, in particular in respect of the requirements of the
regard to the protection of public interest, and for their coordination. Is obliged to
heed the law and act in conjunction with the competent authorities of the
planning and by the concerned authorities.
(2) the Engineer shall be responsible for the accuracy, integrity, completeness and security of the
construction made by the processed project documentation and
the feasibility of the construction according to the documentation, as well as for the technical and
the project's economic level of technological equipment, including the impact on
the environment. Is obliged to observe the laws and the General
requirements on construction related to the specific building plan
and operate in conjunction with the competent authorities involved. Static,
where appropriate, other calculations must be drawn up so that the
controllable. If the designer is not capable of any part of the project
documentation of the process itself, is obliged to invite the person to process it
with the permissions appropriate for the scope or specialisation, which is responsible for her
the prepared draft. The responsibility of the designer for the project documentation
the building as a whole is not affected.
(3) reported construction Documentation referred to in § 104 paragraph. 1 (a). (f))
to (i)) and, in addition to the designer's process) may also be the person who has
higher education building or architectural direction or
secondary education building direction with GCSE and at least 3 years
experience in designing buildings. This person shall apply mutatis mutandis
the provisions of paragraph 2.
section 160
Implementation of constructions
(1) to carry out the construction of the building, the contractor may as just a businessman who
While its implementation will ensure professional guidance of the implementation of the construction
the site, if in paragraphs 3 and 4, unless otherwise specified. Furthermore, it is
required to ensure that the work on the building, which is
required special permission ^ 49), only persons who are
the holder of such permission.
(2) the contractor is obliged to perform the construction in accordance with the
by decision of the building authority or by any other action, and with a certified
project documentation, comply with the General requirements for the construction,
where appropriate, the other technical regulations and technical standards, and to ensure
compliance with the obligation to protect the life, health, the environment and
work safety resulting from specific legislation.
(3) by the client himself can carry out
and landscaping) constructions, equipment and maintenance work referred to in section 103,
(b)) the construction, landscaping, and maintenance of work equipment referred to in section 104.
(4) the construction works referred to in paragraph 3 may be carried out by the client, if the client
ensure supervision, if it is not for such activity itself professionally
to be eligible. If, however, the construction or modification of buildings for housing, which is
cultural monument, the client is obliged to ensure professional guidance
the implementation of the construction site.
§ 161
The owners of the technical infrastructure
(1) the owners of the technical infrastructure are required to keep a record of it,
that must include the position location and protection, and, in justified
cases, with regard to the nature of the technical infrastructure, and the height of the
the location of the. At the request of the maker of the spatial analysis of the supporting documents, the territorial
studies or planning documentation, municipal authority, the applicant for
the issue of regulatory plan or zoning decision, Builder or
the person authorized shall notify the owner of the technical infrastructure within
30 days details of its location, the conditions of the connection, protection and other information
necessary for the implementation of the project activity and construction. The information may
be provided in digital form. The owner of the technical infrastructure is
the applicant may be required to cover the costs associated with the provision
the required data, up to the amount of acquisition costs of their
copies of data carriers, and the cost of delivery.
(2) On the challenge of the authority of the planning and the construction authority are
the owners of the technical infrastructure required to them without delay and to provide
the necessary assistance in the discharge of duties under this Act.
TITLE II
EVIDENCE OF PLANNING ACTIVITIES, STORAGE OF DOCUMENTS AND INSPECTION
THEM
§ 162
(1) the register of planning the activities of the Ministry, or it leads
responsible for the State and added to the data on the proposal
The Ministry of defence.
(2) the register of planning activities, the data on the
and planning and documentation) during its acquisition,
(b)) zastavitelných areas over 10 ha and the purpose of their use,
c) territorial studies.
(3) the register of planning activity exposes the way
enabling remote access.
(4) Regional Office, where appropriate, by the authorities of the town and country planning,
Inserts data into the register of planning activities for your administrative
circuit.
(5) the town and country planning serves the regional authority proposals to insert
the data in the register of planning activities for their constituency.
(6) a local authority that meets the conditions for the exercise of the maker, served
the regional authority proposals to insert data into the register of planning
activity.
(7) the content of documents for the registration requirements planning
activities lays down detailed legal prescription.
§ 163
(1) Policy development and a report on its application stores
the Ministry.
(2) the Ministry shall publish, in a manner enabling remote access
approved spatial development policy and a report on its application and
the place where it is possible to her and to her book documentation, and
send it to the regional authorities.
§ 164
(1) the principles of territorial development, including documents about their acquisition of stores
Regional Office; principles of territorial development with a 483 on the effectiveness
provide to the extent necessary for the performance of the building authorities,
spatial planning authorities in the territory of the region and the regional authorities of neighbouring
counties. Principles of territorial development of the effectiveness of regional 483
the Office shall be sent to the Ministry.
(2) the regional office shall be published in a manner enabling remote access released
principles of territorial development with the resolution of the Municipal Council of the region, and places
where it is possible for them to inspect documentation and documentation; This shall notify the
authorities concerned, not listed in paragraph 1. Regional Office
It also exposes the way allowing remote access to a report on the
the application of spatial development policy approved by the Government of the region.
§ 165
(1) the territorial plan and regulatory programs, including the documents of its acquisition,
stores the maker for the municipality for which it was acquired; fitted with a track record of
efficiency, provides the building Office, the Office of planning and
the regional authority.
(2) the definition of the built form of the measures issued by the territory of a general nature
pursuant to section 59 paragraph. 2 including documents about its acquisition of the maker of the stores
the municipality for which it was acquired; fitted with a track record of effectiveness is
promptly provide the building Office and the Office of planning.
The definition of the territory of the customer at the same time publish the developed way
enabling remote access.
(3) the Customer shall publish, in a manner enabling the remote access data on
issued by the territorial plan, regulatory plan, and the places where it is possible to this
territorial planning documentation and in her book to peruse the documentation;
This notifies the authorities concerned, not listed in paragraph 1.
The acquirer also exposes the way enabling the remote access
Government of the municipality approved a report on the application of the zoning plan.
§ 166
(1) the spatial analytical data and update the customer stores
and it provides is the building authorities to the extent necessary for the performance of their
the scope of the. Customer provides a spatial analytical data with the exception of the
data on the territory on the basis of the request of the provider of the data, from which, with the
the exception of public authorities and organisations established by them, be entitled to
request the reimbursement of the costs associated with the provision of spatial analysis
documents, but not in the price of the acquisition cost of their copies, media
data and the cost of their delivery to the applicant.
(2) the Customer exposes the spatial analytical data and their
updates to the extent and in the manner that allows remote access,
exposes information about the technical infrastructure and its owner
contained in the particulars of the territory, granted under section 27.
(3) the territorial study stores its customer; It provides that, on the
the proposal or request was made, the village and the building Office. Where is the
the study can be seen, the institutions concerned shall be notified individually.
section 167
(1) all final decisions and other measures to the construction authority
under this Act, the documents for the administrative proceedings and for other measures,
including certified project documentation and a certificate from an authorized
supervisor, records and stores the relevant construction authority.
(2) General Building Authority sends its final decision and the other
measures under this Act, including the certified project documentation and
a certificate from an authorized inspector, the locally competent municipal
the authority, if it is not delivered to the village.
(3) the locally competent municipal authority, which is building the Office records
and stores the decisions and other measures to the Building Authority and certified
project documentation concerning the construction.
(4) in the scope of military structures and other building offices stores
documentation and design documentation exclusively competent authority building.
section 168
(1) Measures of a general nature after the date of the acquisition of its effectiveness must affix the
the competent authority a record of its efficiency; the provisions of § 75 of the administrative
of the order shall apply mutatis mutandis.
(2) Keeping records and inspection of the files shall be governed by the provisions of the
administrative procedure and special legal regulation ^ 50). A copy of the documentation
construction of the Building Authority shall provide the applicant shall submit the consent of the person who
documentation, where appropriate, the consent of the owner of the issuing of the construction, which
documentation concerns. In justified cases, a resolution to deny
access to selected parts of the documentation for the construction of important for the defense
the State, civil protection and safety of buildings, or for the protection of
persons and their property.
TITLE III
GENERAL REQUIREMENTS FOR THE CONSTRUCTION, THE PURPOSE OF THE EXPROPRIATION AND EDIT SOME
OTHER RIGHTS AND OBLIGATIONS
§ 169
General requirements for the construction
(1) legal persons, natural persons, and the competent authorities of the public administration
are required in the planning and project activities
authorisation, the implementation, the use and disposal of the structures respect the intentions of the
planning and the General requirements for the construction of [section 2 (2) (a).
e)] set out in the implementing legislation.
(2) the exception to the General requirements for the construction, as well as the solution of the territorial
plan or a regulatory plan, by way of derogation from them can be used in individual
substantiated cases authorise only those provisions of the implementing
the law, which permits exceptions to this provision expressly
allows you to, and only if, this will not jeopardize the safety, health and protection
life of people and the neighbouring land or buildings. The solution according to the allowed
exceptions must be attained purpose pursued the General requirements on the
the construction.
(3) the exception from the General requirements for the use of the territory in the making
the zoning plan and the regulatory plan is decided by the customer. About
exception from General requirements for the use of the territory in the determination of requirements
on the definition of land and buildings on them is decided by the building
the authority competent to decide on the matter.
(4) the exception of the technical requirements for the construction and technical requirements
barrier-free use of the assurance of the building construction authority decides
competent to decide in the matter.
(5) the procedure for exception leads at the request of either separately, or can be
associated with land use, construction or any other proceeding under this Act;
It may not be terminated by common administrative act.
(6) the decision to grant an exemption or a special solution in accordance with paragraphs
2 to 5 can be issued only in the agreement or with the consent of the institution concerned, which
the interests protected by special legislation, which
different solutions to concerns.
§ 170
The purpose of the expropriation
(1) the rights to land and buildings, the necessary for the realisation of buildings or
other measures of public interest under this Act, may be withdrawn
or limit, if they are defined in the release planning and documentation
in the case of
and construction of public interest) transport and technical infrastructure,
including areas necessary to ensure its construction and proper use for
intended purpose,
(b)) public utility measures, and reducing risk in the territory
floods and other natural disasters, increasing retention
the ability of the territory, establishing the elements of the territorial system of ecological stability
and the protection of the archaeological heritage,
(c) construction and measures to the) ensuring the defence and security of the State,
d) rehabilitation (recovery) of the territory.
(2) the right to land or a building, you can withdraw or restrict to
create the conditions necessary for access, proper use of a building or
arrival to the land or the building.
(3) the procedure for the expropriation of rights to land and buildings, belonging to his
the management and conditions of expropriation legislation regulates the special ^ 51).
§ 171
State supervision in matters of urban planning and building regulations
(1) State supervision in matters of urban planning and building regulations
perform Ministry, regional authorities as the authorities of the town and country planning,
the offices of planning and building authorities. In the performance of this scope
shall keep on the compliance with the provisions of this law, legislation
adopted for its implementation, as well as on compliance with the measures of a general nature
and the decision issued on the basis of this Act.
(2) in the implementation of the national surveillance Department monitors how authorities
the public administration shall exercise competence laid down in this law, and the State
supervision over the activities of authorized inspectors, which is part of the
the State supervision in matters of civil order.
(3) in the case of finding flaws the authority referred to in paragraph 1, the
taking into account their character and consequences of the possible consequences, or will prompt you to
remedy or decision imposes obligations to remedy in the
a reasonable period of time; the decision may suspend, pending the redress
or limit the exercise of activities, in which experiencing violations of legal
obligations.
(4) the scope of the other institutions of the public administration is not the provisions of the paragraphs 1
up to 3.
§ 172
Inputs on land and buildings
(1) an Authorized employee of the construction authority, the authority of a territorial planning and
Authority (hereinafter referred to as "the authorized official person") ^ 52), if you perform the tasks
under this Act, is entitled to enter on a foreign land, buildings and
buildings with the knowledge of their owners in
and surveys the State of the buildings and) plot of land,
(b)) the provision of evidence and other supporting documents for the issuance of the administrative decision
or measures.
(2) in case of imminent threat to the life or health of persons or
the animals, which occurred in connection with the preparation and implementation of
urgent removal of buildings, of the necessary security work or
evacuation of the buildings in the public interest, can the authorized official person
to enter on the land, building and construction, even without the knowledge of their owner.
Shall without undue delay notify the owner and the reasons
that led to it.
(3) The authorized official person of a dwelling may enter only if it is
necessary for the protection of life, health or safety of persons. If there is a
the dwelling was used also for the operation of the business or other economic
activities, it may be justified to the official person to enter also, if it is
necessary for the performance of the tasks of the public administration in accordance with this Act. User
the dwelling is in those cases, the official person is obliged to enter into
the dwelling to allow.
(4) permission to entry shows a special card, which is
name, last name, employer, and functions of the authorized official persons
the scope of the definition of validity of the licence and permissions. The card must be provided with a
's official stamp and signed with the name, surname and function
the person who issued the credentials. If necessary, invites the beneficiary
an official person in the land, building and construction experts, authorized
the inspector or designated authority of the concerned worker, or other
persons by reason of their expertise. The owner is obliged to provide the
for the purposes referred to in paragraph 1 the execution of the necessary tests and measurements
using the necessary technical facilities or resources. The legitimate
the official persons and invited persons are obliged to ensure that, when entering the
land, construction or in the works, not to the detriment of, that it was possible to
prevent.
(5) if the owner of the land or buildings will prevent entry of legitimate
the official person or her participation to the person, he may, by a decision of the Building Authority
that is the first act in the proceedings, allowing the entry of the order. Appeal
against such a decision does not have suspensory effect.
(6) the specific legal provisions relating to the entry on the land or buildings in the
the circuit of the interests of Defense, security or other interests of the State are not
without prejudice to the.
§ 173
Riot fine
(1) the Building Authority may, by decision, impose a fine of up to 50 000 riot
CZK, which seriously complicates the procedure or the implementation of
the inspection tours, or the performance of the tasks referred to in section 172 by
and makes it impossible for authorized official person) or to the person she invited input on
your land or building,
(b)) on the challenge of Building Authority would not participate, though visits to
under this Act, it shall be obliged to.
(2) fined up to CZK 50,000 can save the owner of the building Office
the technical infrastructure, which did not provide the necessary assistance in accordance with section
paragraph 161. 2, although it was invited to do so.
(3) when saving a riot of the fine in accordance with paragraphs 1 and 2 shall
According to the provisions of the administrative code of the riot to a fine ^ 53).
§ 174
The expert interaction
(1) in the context of territorial and building management, assessment
competence building to use, changes in the use of the building, with
disposal of the building, with the supervision and application of their specific
the powers of the Building Authority can secure synergies authorized
the Inspector, expert and scientific or other specialised vocational
the workplace.
(2) if the measures imposed in the public interest, when the status of building or
measures of Building Authority are not raised such failure to perform obligations
the owner of the building, the costs of the expert's work, in particular the processing of
opinions, opinions and other documents the construction authority. In the other
cases, depending on the circumstances, such costs shall be borne by or part of the owner
the construction, or the client; the obligation to pay costs or part thereof
saves the construction Office of the decision. Similarly, if the
construction Office removal and examination of samples, test construction
materials, or perform other specialized tasks and tests.
(3) payment of the cost of other legislation, in particular the costs of the administrative
management, this does not affect.
TITLE IV
THE PROTECTION OF PUBLIC INTERESTS AND THE COORDINATION OF THE ADMINISTRATIVE AUTHORITIES
§ 175
(1) in the territories as defined by the Ministry of Defense or the Ministry of the Interior
can be in the interest of ensuring the defence and security of the State, the territorial issue
the decision and allow the construction of just on the basis of their binding opinions.
Defined territory shall notify the consignees identified spatial analytical materials and
the building authorities, in whose administrative districts are located.
(2) the Ministry of Defense or the Ministry of the Interior may, in the territories of the
as defined in paragraph 1, apply for buildings already established requirements
the necessary adjustments or for them to reserve the previous binding opinion
amendments to the construction. The cost of the necessary modifications to the Special
the request of the Ministry of Defense or the Ministry of the Interior shall be borne by the
authorities.
§ 176
(1) If, during the procedure under this Act or in connection with the
unexpected findings culturally valuable items, details of construction, or
protected parts of nature or to the archaeological findings, is the client
shall be obliged to notify without delay to find the building Office and authority of the State
historic preservation or environmental protection authority and at the same time take measures
necessary to ensure that the find has not been damaged or destroyed, and work in a place
the award. This duty may transfer the contract to the client
the construction of the entrepreneur or the person ensuring the preparation of the construction or
performing other work under this Act. The construction authority in agreement with the
the competent authority concerned shall lay down the conditions for the security interests of the State
heritage preservation and protection of nature and the countryside, where appropriate, decide on the
interruption of work.
(2) there is a risk of default and are not sufficient conditions laid down
the Building Authority in accordance with paragraph 1, the authority of the State historic preservation
or nature protection authority within 5 working days from the notification of the award
to provide for measures for the protection of the award and may decide to interrupt the work. In
in this case, the client can continue to work on the basis of the
the written consent of the authority which decided to interrupt the work. A copy of the
the decision and consent shall be sent to the competent authority.
(3) On the basis of the notification of award referred to in paragraph 2, after the building Office
agreement with the authority of the State historic preservation or conservation authority
building permits issued in the public interest to change.
(4) the Ministry of culture, on a proposal from the authority of the State historic preservation
or the Archaeological Institute of the Academy of Sciences of the Czech Republic to decide that
It is about finding the extraordinary importance, and on its own initiative it
declared cultural heritage ^ 32). A copy of the decision shall be sent to the
to the competent authority.
(5) On the basis of the decision referred to in paragraph 4, the Building Authority after agreement
with the Ministry of culture issued a building permit, in the public interest
to change or cancel.
(6) the client may make a claim for reimbursement of costs incurred
as a result of the procedure provided for in paragraphs 2 and 3, with the authority of the State historic preservation
or environmental protection authority, or as a result of the procedure referred to in paragraph 5
the Ministry of culture, and that within a period of 6 months from the date of acquisition of the legal
the decision, on the basis of the costs incurred; otherwise, the claim
on their compensation.
§ 177
Emergency procedures
(1) If, in the Declaration of a State of danger, emergency, State
emergency or State of war, according to a special legal
code ^ 54) or when a natural disaster or imminent serious
the crash is to be done without delay, the measures to prevent or mitigate the
the potential impacts of the emergency, can be in the limits of the paragraphs 2 to 4
deviate from the procedures laid down in this law.
(2) Measures on construction sites and plots according to the circumstances of and in
construction, terrain modification or removal of buildings, which
immediately preceding the impending consequences of natural disaster or serious
the crash, the faces of their effects and prevents the danger to life or health
persons, or other damage, can be launched without the prior
decisions or other measures provided for in this law, unless otherwise provided in
specific legal provisions to the contrary. The Building Authority must, however, be
immediately notified that such measures are implemented. In the subsequent
construction management of a building, if it is required, pursuant to this Act can be
proceed as provided in paragraphs 3 and 4.
(3) If a construction or landscaping destroyed or damaged
a natural disaster or major accident may, in accordance with the Special
to restore the legislation in conformity with the original decisions or other
measures of building Office, it is sufficient that such action was in advance
building Office reported. For this procedure, the provisions of section 106
paragraph. 1 Similarly, with the fact that the time limit for the written communication from the Building Authority,
that recovery has no objections against the building, is 7 days. In the Declaration shall be
information about construction or landscaping to be restored,
simple technical description of the work and the person who will perform the activity.
(4) the consent of the Building Authority in accordance with paragraph 3 shall be valid for a period of 12 months;
However, it does not lose validity, if at this time was with the implementation
reported work started. Period starts on the day following the date on
When it was delivered to stavebníkovi the written consent, or on the day following
the date of 7 days have elapsed from the date of the announcement.
(5) in the case of buildings and terrain editing, which is necessary to carry out, without delay,
to alleviate or avert the effects of a natural disaster or major accident
the construction may be
and), after consultation with the Building Authority dropped from issue of a territorial
the decision or consent of the territorial, or provided that the implementation of the
construction or field adjustments will consent to their office building
announcing,
(b)), after consultation with the Building Authority is limited by the contents of the application and its
the annexes to the minimum necessary for the decision,
(c)) laid down in decision that some documents as prescribed in the annex to
request, where necessary, other documents shall be submitted within the time limit
Additionally,
(d)) in justified cases, the prior authorization is issued, in which the
deadline of the additional submission of supporting documents; after their submission,
carry out control and issue a decision,
e) shortened the deadline for transposition of the legal act of the parties,
up to half of the time limits laid down by this law or special
legal regulation; about shortening the construction authority instruct participants in proceedings
in the notice of initiation.
(6) an appeal against a decision rendered in the proceedings referred to in paragraph 5 does not
suspensory effect.
(7) the completion of the buildings and the work carried out pursuant to paragraphs 2, 3 and 5 is
the client shall be obliged to immediately notify the Building Authority.
THE HEAD OF THE
ADMINISTRATIVE OFFENCES
Misdemeanors
Section 178
(1) a natural person has committed the offence by
and) contrary to section 76 shall carry out activities, which should be the territorial
decision or a public contract or the territorial agreement or
the regulatory plan,
(b)) as an applicant for the issue of land-use decisions does not make the fly
the information referred to in section 87, paragraph. 2,
(c)) as an applicant for the issue of zoning decision in the simplified municipal
control does not provide information on the draft statement the unfurling of a decision under section
paragraph 95. 4,
(d)) shall carry out activities in violation of the zoning decision or with
a public contract or a regulatory plan for territorial
decision, or performs the activities they banned, or performs the activities
in conflict with the territorial agreement,
e) contrary to section 119 paragraph. 1 used the building to which it relates
the obligation of notification according to § 120 paragraph. 1, without tests or
measurements and their evaluation,
(f)) used the construction without approval of the decision, if it was such a
the decision should be,
(g)) is used in the construction of a conflict with the kolaudačním decision,
(h)) used the change of the construction without approval of the decision, if it was such a
the decision should be,
I used the change in construction) contrary to the kolaudačním decision,
j) uses the building without a certificate of occupancy, if according to the law
required, or through a ban on the Building Authority under section 122, paragraph. 4,
to the building) in conflict with the consent of the kolaudačním,
l) is used without change of occupancy of the building, if it is in accordance with the law
required, or through a ban on the Building Authority under section 122, paragraph. 4,
m) change in the conflict with the consent of the kolaudačním,
n) uses the building without notice of the Commissioner pursuant to § 120 paragraph. 1 or over
the ban on Building Authority pursuant to § 120 paragraph. 2,
about) building in contravention of the notice of the Commissioner pursuant to § 120 paragraph. 1,
p) uses the change of the building without notice of the Commissioner pursuant to § 120 paragraph. 1 or
Despite the ban on Building Authority pursuant to § 120 paragraph. 2,
q) uses the change in contravention of the notice of the Commissioner under section 120
paragraph. 1,
r) uses a construction or landscaping referred to in § 104 paragraph. 1 (a). (e))
I) made without consent or authorization, Office building
with the construction of a conflict) with the consent of the Building Authority under section 127
paragraph. 2 or permission under section 127, paragraph. 4,
t) taken in contradiction with the authorization of the construction to the early use of buildings
under section 123,
for the trial operation) will be in conflict with a decision pursuant to section 124,
in the) contrary to section 128 removes the construction referred to in § 103 containing asbestos
or the construction referred to in section 103, paragraph. 1 (a). (e) points 4 to 8) or in §
104 without consent or authorization, Office building
w) contrary to section 128 requiring a building permit building removed without
consent or authorization, Office building
x) removes the structure in violation of the consent or authorization of the construction
authority under section 128,
y) in contravention of section 158 carries out selected activities in construction without permission
under special legislation, or ^ 14)
from) in contravention of section 171, paragraph. 3 to rectify within the time limit laid down in the
the call or the decision of the Building Authority.
(2) a natural person as a client commits an offence by
and) contrary to section 104 shall carry out construction or its amendment, landscaping
or maintenance work without the consent of the Building Authority,
(b)) in contravention of section 104 shall carry out construction or its amendment, landscaping
or maintenance work in contravention of the consent of the Building Authority,
(c)) in contravention of section 104 shall carry out construction or its amendment, landscaping
or maintenance work in protected territory, or in the protection zone or on the
an unstoppable land or undeveloped territory without the consent of the
Building Authority,
(d)) in contravention of section 108 changes of construction without a building permit, or
a public contract or notified the authorized certificate
the Inspector,
e) contrary to section 108 performs construction without a building permit, or
a public contract or notified the authorized certificate
the Inspector,
(f)) in violation of § 108 shall carry out construction or its change without building
permit or a public contract or the certificate of a notified
authorized inspector in protected territory, or in the protection zone
or on an unstoppable land or undeveloped territory,
(g)) performs the construction or modification in violation of the building permit or
public Treaty, notified the authorized certificate
the Inspector, by repeatedly building permit or an authorisation
the construction,
h) performs the construction or the change in the conflict with the consent of the building
Office, building permit, a public Treaty, notified
the certificate of an authorized officer, by repeatedly building permit
or with additional construction in the protected territory of the permit or in the protection
zone or on an unstoppable land or undeveloped territory,
I) in contravention of section, paragraph 134. 2 or 3 or fails to rectify
the documents within the time limit fixed in the invitation or the decision of the Building Authority,
j) contrary to section 134, paragraph. 4 the rest of the challenge or the decision to
a work stoppage at the construction site,
k) violates any of the obligations pursuant to § 152 paragraph. 1, 3 or 4,
l) breach of an obligation under section 160, paragraph. 4,
m) violates any of the requirements for the protection of the public interests under section 176
paragraph. 1,
n) in contravention of section 155 violates the obligation of notification, or
about) in contravention of section 157 to lead construction or a simple record of the
the construction site.
(3) for the offense can be fine
to 2 0000 0000 Czk), if the offence referred to in paragraph 2 (a). (c)), f)
or (h)),
(b)) to 1 0000 0000 Czk in the case of the offence referred to in paragraph 1 (b). (f)), (j))
or n) or paragraph 2 (b). (e)), or m),
(c)) to 500 000 Czk in the case of the offence referred to in paragraph 1 (b). and), d), (g)),
(h)),),),),),) m, p, q))) t)) or w) or paragraph 2
(a). (d)), or (g)),
(d)) to 200 000 Czk in the case of the offence referred to in paragraph 1 (b). b), c), (e)),
r)) x), y) or z) or paragraph 2 (b). and (b)),),),),), l), n)
or about).
Section 179
(1) a natural person who committed the offence as a supervisor by
and) contrary to section 134, paragraph. 2 or 3 or fails to rectify
the documents within the time limit fixed in the invitation or the decision of the Building Authority,
(b)) violates any of the requirements of § 153 paragraph. 1 or 2, or
(c)) in contravention of section 155 violates the obligation of notification.
(2) a natural person exercising supervision is guilty of an offence,
that
and) contrary to section 134, paragraph. 2 or 3 or fails to rectify
the documents within the time limit fixed in the invitation or the decision of the Building Authority,
(b)) does not properly professional supervision of the execution of the construction of real estate,
that violates any of the requirements referred to in § 153 paragraph. 3 or 4, or
(c)) in contravention of section 155 violates the obligation of notification.
(3) a natural person as the owner of a building commits the offence by
and) contrary to section 128 paragraph. 5 remove the construction of the building does not provide
an entrepreneur or removal of the construction does not guarantee the implementation of the self-help
supervision or supervision by an authorized person when
removal of buildings, which contained asbestos,
(b) building in) removes the contradiction with the decision under section 129,
(c)) in violation of § 131a notifies the building office buildings, removal
(d)) does not remove the construction within the time limit laid down in the decision referred to in section 129,
e) contrary to section 134, paragraph. 2 or 3 or fails to rectify
the documents within the time limit fixed in the invitation or the Building Authority decisions,
(f)) does not need to be ordered, or security work be carried out in
contrary to the decision under section 135 or 136,
(g)) does not delete the construction or ordered urgent is done in
contrary to the decision under section 135 or 136,
(h)) does not make the necessary adjustments ordered or performed in violation
decision pursuant to section 137,
I ordered the construction of maintenance does not) or it conflicts with
decision pursuant to section 139,
j) violates any of the duties referred to in section 154, paragraph. 1 (a). and), b), (d))
or (e)), or
k) in contravention of section 155 violates the obligation of notification.
(4) a natural person is guilty of an offence, as the owner of the device by
and deletes the device in violation of) with the decision under section 129,
b) contrary to section 134, paragraph. 2 or 3 or fails to rectify
the documents within the time limit fixed in the invitation or the Building Authority decisions,
(c)) does not need to be ordered, or security work be carried out in
contrary to the decision under section 135 or 136,
(d)) does not remove device or ordered urgent is done in
contrary to the decision under section 135 or 136,
(e)) does not make the necessary adjustments ordered or performed in violation
decision pursuant to section 137,
f) violates any of the duties referred to in section 154, paragraph. 2 (a). and (b))) or
(d)), or
(g)) does not remove the device within the time limit laid down in the decision referred to in section 129.
(5) a natural person as the owner of the technical infrastructure of committed
offence by
and fails to meet any of the requirements) in accordance with § 161, paragraph. 1,
(b) fails to fulfil any of the obligations) under section 27. 3 or 4.
(6) a natural person as an authorized inspector commits an offence,
contrary to § 155 violates the notification obligation or fail to comply with the obligation to
under section 117, paragraph. 1.
(7) for the offense can be fine
and the 500 000 CZK), if the offence referred to in paragraph 3 (b). (b)), f), (g)),
h) or (i)) or under paragraph 4 (b). and (d))), or (e)),
(b)) to the 200 000 Czk in the case of the offence referred to in paragraph 1 (b). and (b))) or
(c)) or under paragraph 2 (a). and (b))), or (c)) or under paragraph 3
(a). and (c))), d), (e)), j or k)) or under paragraph 4 (b). b), c), (f))
or g) or under paragraph 5 or 6.
(8) for the offense can block management to impose a fine up to CZK 5 000 in
-management of up to 10 000 Czk.
Administrative offences of legal persons and natural persons-entrepreneurs
§ 180
(1) Legal or natural person established by the administrative
tort by
and) contrary to section 76 shall carry out activities, which should be the territorial
decision or a public contract or the territorial agreement or
the regulatory plan,
(b)) as an applicant for the issue of land-use decisions does not make the fly
the information referred to in section 87, paragraph. 2,
(c)) as an applicant for the issue of zoning decision in the simplified municipal
control does not provide information on the draft statement the unfurling of a decision under section
paragraph 95. 4,
(d)) shall carry out activities in violation of the zoning decision or with
a public contract or a regulatory plan for territorial
decision, or performs the activities they banned, or performs the activities
in conflict with the territorial agreement,
e) contrary to section 119 paragraph. 1 used the building to which it relates
the obligation of notification according to § 120 paragraph. 1, without tests or
measurements and their evaluation,
(f)) used the construction without approval of the decision, if it was such a
the decision should be,
(g)) is used in the construction of a conflict with the kolaudačním decision,
(h)) used the change of the construction without approval of the decision, if it was such a
the decision should be,
I used the change in construction) contrary to the kolaudačním decision,
j) uses the building without a certificate of occupancy, if according to the law
required, or through a ban on the Building Authority under section 122, paragraph. 4,
to the building) in conflict with the consent of the kolaudačním,
l) is used without change of occupancy of the building, if it is in accordance with the law
required, or through a ban on the Building Authority under section 122, paragraph. 4,
m) change in the conflict with the consent of the kolaudačním,
n) uses the building without notice of the Commissioner pursuant to § 120 paragraph. 1 or over
the ban on Building Authority pursuant to § 120 paragraph. 2,
about) building in contravention of the notice of the Commissioner under section 120,
p) uses the change of the building without notice of the Commissioner pursuant to § 120 paragraph. 1 or
Despite the ban on Building Authority pursuant to § 120 paragraph. 2,
q) uses the change in contravention of the notice of the Commissioner under section 120
paragraph. 1,
r) uses a construction or landscaping according to § 104 paragraph. 1 (a). (e) to (i)))
made without consent or authorization, Office building
with the construction of a conflict) with the consent of the Building Authority under section 127
paragraph. 2 or permission under section 127, paragraph. 4,
t) taken in contradiction with the authorization of the construction to the early use of buildings
under section 123,
for the trial operation) will be in conflict with a decision pursuant to section 124,
in the) contrary to section 128 removes the construction referred to in § 103 containing asbestos
or the construction referred to in section 103, paragraph. 1 (a). (e) points 4 to 8) or in §
104 without consent or authorization, Office building
w) contrary to section 128 requiring a building permit building removed without
consent or authorization, Office building
x) removes the structure in violation of the consent or authorization of the construction
authority under section 128, or
y) in contravention of section 171, paragraph. 3 to rectify within the time limit laid down in the
the call or the decision of the Building Authority.
(2) the Legal or natural person, operating as the client commits
the administrative tort by
and) contrary to section 104 shall carry out construction or its amendment, landscaping
or maintenance work without the consent of the Building Authority,
(b)) in contravention of section 104 shall carry out construction or its amendment, landscaping
or maintenance work in contravention of the consent of the Building Authority,
(c)) in contravention of section 104 shall carry out construction or its amendment, landscaping
or maintenance work in protected territory, or in the protection zone or on the
an unstoppable land or undeveloped territory without the consent of the
Building Authority,
(d)) in contravention of section 108 changes of construction without a building permit, or
a public contract or notified the authorized certificate
the Inspector,
e) contrary to section 108 performs construction without a building permit, or
a public contract or notified the authorized certificate
the Inspector,
(f)) in violation of § 108 shall carry out construction or its change without building
permit or a public contract or the certificate of a notified
authorized inspector in protected territory, or in the protection zone
or on an unstoppable land or undeveloped territory,
(g)) performs the construction or modification in violation of the building permit or
public Treaty, notified the authorized certificate
the Inspector, by repeatedly building permit or an authorisation
the construction,
h) performs the construction or the change in the conflict with the consent of the building
Office, building permit, a public Treaty, notified
the certificate of an authorized officer, by repeatedly building permit
or with additional construction in the protected territory of the permit or in the protection
zone or on an unstoppable land or undeveloped territory,
I) in contravention of section, paragraph 134. 2 or 3 or fails to rectify
the documents within the time limit fixed in the invitation or the decision of the Building Authority,
j) contrary to section 134, paragraph. 4 the rest of the challenge or the decision to
a work stoppage at the construction site,
k) violates any of the obligations pursuant to § 152 paragraph. 1, 3 or 4,
l) breach of an obligation under section 160, paragraph. 4,
m) violates any of the requirements for the protection of the public interests under section 176
paragraph. 1,
n) in contravention of section 155 violates the obligation of notification, or
about) in contravention of section 157 to lead construction or a simple record of the
the construction site.
(3) for the administrative offence is imposed
to 2 0000 0000 Czk), with respect to the administrative offence referred to in paragraph 2 (a). (c)),
f) or (h)),
(b)) to 1 0000 0000 CZK in the case of an administrative offence referred to in paragraph 1 (b). (f)),
(j)) or n) or under paragraph 2 (a). (e)), or m),
(c)) to 500 000 CZK in the case of an administrative offence referred to in paragraph 1 (b). and)
(d)), g), (h)),),),),),) m, p, q))) t)) or w) or by
paragraph 2 (a). (d)), or (g)),
(d)) to 200 000 CZK in the case of the offence referred to in paragraph 1 (b). b), c), (e)),
r)), x) or y) or under paragraph 2 (a). and (b)),),),),), l),
n) or o).
§ 181
(1) Legal or natural person, operating as a building
the entrepreneur commits misconduct by
and) contrary to section 155 violates the obligation of notification,
(b)) violates any of the obligations under section 160, paragraph. 1 or 2,
(c)) performs activities without planning or public service contract
or regulatory plan planning decision or substitute without
land use consent
(d)) shall carry out activities in violation of the zoning decision or with
a public contract or with the regulatory plan for the territorial
decisions or carried out activities prohibited by them, or performs the activities
in conflict with the territorial agreement,
e) contrary to section 104 performs the construction or modification of buildings or terrain
the adjustments that need to be reported to the building Office, without the consent of the
Building Authority or in conflict with him, or
(f)) in violation of § 108 shall carry out construction or modification of buildings without building
authorization, a public Treaty, notified the authorized certificate
Inspector or in conflict with them.
(2) a legal person as the owner of a building commits the administrative tort
by
and) contrary to section 128 paragraph. 5 remove the construction of the building does not provide
an entrepreneur or removal of the construction does not guarantee the implementation of the self-help
supervision or supervision by an authorized person when
removal of buildings, which contained asbestos,
(b) building in) removes the contradiction with the decision under section 129,
(c)) in violation of § 131a notifies the building office buildings, removal
(d)) does not remove the construction within the time limit laid down in the decision referred to in section 129,
e) contrary to section 134, paragraph. 2 or 3 or fails to rectify
the documents within the time limit fixed in the invitation or the Building Authority decisions,
(f)) does not need to be ordered, or security work be carried out in
contrary to the decision under section 135 or 136,
(g)) does not delete the construction or ordered urgent is done in
contrary to the decision under section 135 or 136,
(h)) does not make the necessary adjustments ordered or performed in violation
decision pursuant to section 137,
I) does not carry out her court-ordered maintenance, or in conflict with the decision
pursuant to section 139,
j) violates any of the duties referred to in section 154, paragraph. 1 (a). and), b), (d))
or (e)), or
k) in contravention of section 155 violates the obligation of notification.
(3) the legal person as the owner of the device commits misconduct
by
and deletes the device in violation of) with the decision under section 129,
b) contrary to section 134, paragraph. 2 or 3 or fails to rectify
the documents within the time limit fixed in the invitation or the Building Authority decisions,
(c)) does not need to be ordered, or security work be carried out in
contrary to the decision under section 135 or 136,
(d)) does not remove device or ordered urgent is done in
contrary to the decision under section 135 or 136,
(e)) does not make the necessary adjustments ordered or performed in violation
decision pursuant to section 137,
f) violates any of the duties referred to in section 154, paragraph. 2 (a). and (b))) or
(d)), or
(g)) does not remove the device within the time limit laid down in the decision referred to in section 129.
(4) the Legal or natural person, operating as the owner of technical
infrastructure of committed misconduct by
and fails to meet any of the requirements) in accordance with § 161, paragraph. 1,
(b) fails to fulfil any of the obligations) under section 27. 3 or 4.
(5) the Legal or natural person, operating as an authorized
the Inspector commits misconduct that violates any of the
obligations under section 155 or fails to comply with an obligation under section 117, paragraph. 1.
(6) for the administrative offence is imposed
and) to 500 000 CZK in the case of an administrative offence referred to in paragraph 1 (b). (b)),
c), (d)), or (f) or paragraph 2 (b)). (b)), f), (g)), h) or (i)) or
paragraph 3 (b). and (d))), or (e)) or paragraph 4,
(b)) to the 200 000 CZK in the case of an administrative offence referred to in paragraph 1 (b). and)
or (e) or paragraph 2 (b)). and (c))), d), (e), s)) or to) or paragraph
3 (b). b), c), (f)) or (g)), or to paragraph 5.
§ 182
Common provisions
(1) a legal person under the administrative tort does not match, if he proves that
made every effort, that it was possible to require that the infringement of the
a legal obligation.
(2) in determining the amount of the fine, the legal person shall take into account the seriousness of the
the administrative tort, in particular to the way a criminal offence and its consequences, and
the circumstances under which it was committed.
(3) liability of legal persons for the administrative offence shall cease, if the
the construction authority about him has commenced proceedings to 1 year from the date on which it
learned, but no later than 3 years from the day when it was committed.
(4) administrative offences under this law in the first instance hearing
the construction authority competent under section 13, 15 and 16; administrative offence under section 181
paragraph. 4 (b). (b)) in the first instance hearing the building Office
pursuant to section 13 (3). 1 (a). (c)) of the Act. Committed to the administrative tort
under this Act, the municipality, the municipal office is the Building Authority
the relevant proceedings of the administrative tort shall be determined by the superior authority of that
another local authority, which is building Office, the proceedings and issue a
decision.
(5) The liability for the acts, which took place in the business of physical
person ^ 55) or in direct connection with the applicable provisions of the Act
on the liability of legal persons and sanctions.
§ 183
(1) the fines collected and enforced by the administrative authority, that is saved.
(2) income from fines is the income budget, from which is covered by the activities of the
the administrative body that imposed the fine.
TITLE VI OF THE
USE OF DATA FROM THE INFORMATION SYSTEMS OF THE PUBLIC ADMINISTRATION
section 184
(1) For the performance of the scope under this Act uses the construction Office of the
basic population register these reference data:
and last name)
(b) the name or names),
(c) the address of the place of stay)
(d)) of the date, place and County of birth; for the data subject, who was born in
abroad, the date, the place and the State where he was born,
(e)) of the date, place and County of death; in the case of the death of the data subject outside the territory
The Czech Republic, the date of death, place and the State on whose territory the death
has occurred; If the decision of the Court on the declarations for the dead, the day
that is the decision given as the day of death or the day that survived, and
date of entry into force of this decision.
(2) For the performance of the scope under this Act uses the construction Office of the
the information system of the population register of the following particulars:
and, where applicable, names) the name, surname, maiden name,
(b) the date of birth),
(c) District of birth) place and, in the case of birth abroad instead, and the State,
(d) the address of the place of residence), including previous address space
permanent residence, and the address to which they are to be delivered
documents under special legislation,
(e) a waiver or limitation of eligibility) to legal capacity,
(f)) of the date, place and County of death; in the case of the death of a citizen outside the territory of the Czech
Republic, the date of death, place and the State on whose territory the death occurred,
g) day, who was in the Court decision on the Declaration for the dead mentioned
as the day of death, or as a day that didn't survive.
(3) For the performance of the scope under this Act uses the construction Office of the
information system of aliens, the following information:
and, where applicable, names) the name, surname,
(b) the date of birth),
(c)) instead, and the State where the alien was born; in the event that the alien
He was born on the territory of the Czech Republic, place and County of birth,
(d)) the kind and address of the place of residence on the territory of the Czech Republic,
(e) a waiver or limitation of eligibility) to legal capacity,
(f)) of the date, place and County of death; in the case of deaths outside the territory of the Czech
of the Republic, the State on whose territory the death occurred, or the date of death,
g) day, who was in the Court decision on the Declaration for the dead mentioned
as the day of death, or as a day that didn't survive.
(4) the information referred to in paragraphs 1 to 3 may be used in a particular case always
only such data as are necessary to accomplish a given task. Data,
that are kept as reference data in the base the population register,
to make use of the information system of the population register or the information
of foreigners only if they are in the shape of the preceding the current
status.
PART SIX
TRANSITIONAL AND FINAL PROVISIONS
Transitional provisions
§ 185
(1) Data Providers shall provide details on the territory for the acquisition planning
analytical documents no later than 9 months after the date of entry into force of
the law offices of planning and the regional authorities. Provide proof of
the data provider in this period of serious reasons, the period may be
extended for a maximum of 3 months.
(2) the owner of the technical infrastructure of the completed and approved before
date of entry into force of this Act shall provide within 9 months after the
date of entry into force of this Act, the Office of land use planning
polohopisnou situation of the technical infrastructure. Up to 6 years after the date of entry into
the effectiveness of this Act shall provide the details of the situation in polohopisné
coordinate system of Uniform trigonometric network cadastral ^ 18)
the scale of cadastral maps or scale down.
(3) spatial analytical data raise for its administrative territory Office
spatial planning within 24 months and the Regional Office of 30 months after the date of
the entry into force of this law. If spatial analytical data
taken, the acquisition of territorial planning documentation always include
the processing of surveys and analyses, the solution to the territory in range
territorial analytical background.
(4) urban studies, urban and territorial forecasts reports processed
before the date of entry into force of this law, which shall not exceed the boundaries of
the scope of one of the Office of planning, examine this Office in
cooperation with the communities concerned in terms of their timeliness; in
other cases will test their timeliness, the regional office in
cooperation with the relevant authorities of the land-use planning. The Office, which confirmed the
the actuality of urban studies, the General plan land use and territorial forecasts,
shall submit a proposal to insert data or inserts data about them to the registration
planning activities.
(5) the award of urban studies, urban or territorial general plan forecasts,
unfinished at the date of entry into force of this law, shall be deemed to
Enter the territorial studies.
§ 186
Spatial development policy takes the Ministry and shall submit to the Government to
approval for 2 years from the date of entry into force of this Act.
§ 187
(1) the Territorial planning documentation approved before 1 July 2004. July 1992
shall expire not later than 3 years from the date of entry into force of this
the law.
(2) the regional office shall examine territorial plans of large territorial units in terms of
the freshness of the individual projects and the criteria for their nadmístního
the importance of. The intentions of complying with the mentioned aspects will take over without material changes
in the design of spatial development policy discussed with the authorities concerned.
Territorial plan of the great territorial unit and legal regulation, which was
announced its mandatory part, shall expire on the entry into force
spatial development policy for the territory of these principles that are addressed.
(3) Spatial Development Policy takes the regional authority and the City Government shall issue
the County not later than 5 years from the date of entry into force of this Act.
The expiry of this period are void of territorial plans of large territorial
units.
(4) when the acquisition of the first principles of territorial development processes the Regional Office
their entry, which contains the main goals and requirements for their solution.
Specify the send individually concerned authorities of the concerned municipalities, neighboring
regions and the Ministry, which may, within 30 days after receipt of the exercise of its
requirements, including the requirements to assess the impact of the application of the principles of
territorial development of the conditions for sustainable development in the territory. Regional Office
proposal for the award, according to the results of the examination, shall submit to the
approval. The award for the acquisition of spatial development policy approved
the City Government of the region.
(5) the provisions of § 45, paragraph. 2 shall not apply to the first policy issued
territorial development.
(6) enter the Zoning Plan Approved a large territorial unit and processed
draft zoning plan of the great territorial unit, which meet the requirements of
This Act on the principles of territorial development, shall be considered as approved
specify the spatial development policy and the draft spatial development policy.
(7) pending the issue of the spatial development policy shall be construed as a binding part of the
territorial plan of the great territorial unit development areas nadmístního
the importance of the area and corridors to allow the placement of buildings and transport
nadmístního the importance of the technical infrastructure, the definition of regional and
supra-regional territorial systems of ecological stability, limits the use of
the territory of nadmístního importance and areas for public utility construction
contained in the approved land use plan, a large territorial unit; other
part of the solution are to lapse on the date of entry into force of this Act.
When discussing the issue of changes to the design and planning of large spatial
a whole shall, mutatis mutandis, in accordance with section 37, paragraph. 2 to 5, § 38 to 41.
section 188
(1) the planning documentation of the residential unit or zone, territorial
Plan of the village and the regulatory plan approved before 1. January 2007 to 31 December 2007.
December 2020 under this Act modify, the extent of the modifications made
discuss and issue, otherwise void.
(2) Territorial plans of municipalities, regulatory plans and their amendments, which have been
before the date of entry into force of this Act, initiated pursuant to acquisition,
This Act modifies, and discuss the issue; While the activities completed
before the date of entry into force of this law shall be assessed in accordance with the legal
the regulations in force and effective until 31 December 2006. in December 2006.
(3) during the hearing and the release of the draft amendments to the zoning plan of the municipality,
regulatory plan or planning documentation of the settlement Department
or zones approved until 31 December 2004. in December 2006, in accordance with this
the law. On the adjustment of the guidance section of this documentation for your territory
the local authority, in the other cases, the Office of planning. When you edit a
proceed according to the existing legislation.
(4) the Generally binding decrees, which was defined by the binding part of the territorial
planning documentation of the residential unit or zone, the territorial plan of the municipality
or regulatory plan, for the purposes of this Act be regarded as measures
of a general nature; the provisions of § 174, paragraph. 2 of the administrative code,
not apply ^ 56a).
section 188a
(1) on the territory of the municipality or part of the territory of the commune, which does not have a valid master plan,
territorial plan of territorial planning documentation, as appropriate, of settlement
the Department or area, it can be until the release of the plan, but no later than
31 December 2020, placing in the undeveloped territory in addition to the buildings,
equipment and other measures referred to in section 18, paragraph. 5 also
and construction, for which) were in accordance with the legislation in force and effective to
31 December 2006 has been finally allowed the construction of technical infrastructure,
(b) construction under urban studies), for the territory of the municipality bears to
December 31, 2006 and the date on it was inserted into the register of planning
activities,
(c) construction for housing) on the grounds that they have a common border with the
land in a built-up area, which consists of more than one built-up
building land,
(d) construction for agriculture) with flats for a permanent family housing; construction for
agriculture can have a maximum of three separate apartments, where the sum
floor area of flats in this case may not exceed one third of the
the total floor area of the building, but not more than 300 m2,
(e) the building of civil facilities) on the grounds that they have a common
the border with the land in a built-up area; the land on which the building
placed, may have an area of not more than 5000 m2.
(2) the building referred to in paragraph 1 (b). (c) to (e))) can be placed only
the approval of the Municipal Council of the municipality in which the building is to be located.
Consent of the Municipal Council of the municipality may contain conditions for the location of such
the construction. In the placement of these buildings, the Municipal Council of the municipality has
the position of the institution concerned; in this case, is not a participant in the municipality
the proceedings.
section 189
(1) for the built-up territory is considered to be built at the territory of the municipality
marked in accordance with the existing legislation on land-use plan of the municipality or
in the regulatory plan, and that after the period of validity of this planning
the documentation. In the case of the making and release of their changes are built up
updates the territory pursuant to this Act.
(2) the applicable territorial plans of large territorial units are in the approved
the extent of binding for acquisition of land use plans, regulatory plans and for
decision making in the territory. A valid master plans of municipalities and planning
documentation of the settlement services are binding for the acquisition of the regulatory
the plans approved by the Councils of municipalities and for the decision-making in the territory.
(3) the qualification prerequisite for performance planning activity meets the
the clerk, who shall act on the date of entry into force of this Act, territorial
planning the activities of the Ministry, the regional office or the municipal authority and the
has the certificate of special professional competence by the Special
^ law 17) issued before the date of entry into force of this Act.
section 189a
Changes and cancellations of construction closure announced by law
regulations effective before March 31. in December 2006, and in the authorisation of exemptions from the
These are the procedures under this Act.
section 190
(1) General building authorities carrying out responsibilities under this Act, in
administrative districts in which the scope of the exercise to the 31. December
2006.
(2) the municipality, the municipal authority is the General Building Authority, may conclude
public service contract with the other municipalities that will perform for her
the scope of the Building Authority; in doing so, in accordance with administrative regulations.
Otherwise, for such municipality shall exercise the responsibilities of a general office building
designated by the local authority in whose area it is situated.
(3) the proceedings initiated before the date of entry into force of this Act
completes the existing legislation, with the exception of
and construction management) pending at first instance, which relate to the
the buildings, which, according to the new legislation will report; on such
the building is seen as reported under this law, for reporting in
this case considers the request for the issue of a building permit and a day
the announcement of the date of entry into force of this Act,
(b) management of administrative tort) committed before the date of entry into force of
This law, if the new law is more favourable to the accused,
(c) the offence and proceedings) the administrative tort, when according to the new legislation
the Act of the accused is not considered breach of construction discipline; in such a
case management stops,
(d) the expropriation proceedings), which finishes under the special rule
the prescription.
(4) Pending the proceedings led by the current legislation completes the
the construction authority, which became the competent to conduct proceedings in the matter
in accordance with this Act.
(5) in the case of buildings been authorised before the date of entry into force of this
the Act shall be made in accordance with the existing legislation, the approval procedure
regulations.
(6) in case of doubt, the competent regional authority, which shall lay down the
the Building Authority will lead the management of the executor.
§ 191
Urban and municipal authorities that they will not exercise the responsibilities of a General
Building Authority, are required to pass no later than 30 days from the end
the activities of the construction authority, all documents relating to pending
administrative proceedings conducted pursuant to the building Act, the building authorities
that this agenda, and to forward write Protocol.
§ 192
Relationship to the administrative regulations
(1) On the procedures and proceedings shall apply the provisions of the administrative procedure, if
This law provides otherwise.
(2) to review the measures of a general character issued by the authorities of the municipality is
the competent regional authority. To review the measures of a general character issued by the
the authorities of the region is the competent Ministry.
The enabling provisions
§ 193
The Ministry issues a decree for the implementation of § 14 paragraph. 2, § 21. 4, section 26
paragraph. 2, § 29. 1 and 3, § 36 odst. 6, § 40 paragraph. 4, § 42 paragraph. 8, §
paragraph 43. 6, § 47 odst. 6, § 50 paragraph. 1, § 55 paragraph. 6, section, paragraph 61. 3, §
64 paragraph. 6, section 66 paragraph. 5, § 78a of the paragraph. 10, section 86, paragraph. 7, section 87, paragraph. 5, §
paragraph 92. 5, section 94a, paragraph. 7, § 95 paragraph. 7, section 96 paragraph. 10, § 99 paragraph. 2, §
paragraph 100. 3, section 105, paragraph. 8, § 110, paragraph. 5, § 115, paragraph. 6, § 116, paragraph.
8, § 117 paragraph. 8, § 120 paragraph. 6, § 122 paragraph. 6, section 123, paragraph. 5, section 125
paragraph. 6, § 127, paragraph. 6, section 128 paragraph. 8, § 134, paragraph. paragraph 6, section 138. 5, §
paragraph 143. 5, section 150, paragraph. 3, § 155 paragraph. 2, § 157 paragraph. 4 and § 162, paragraph.
7.
section 194
For the implementation of section 169
and lays down the law) the Ministry of the General requirements for the construction
[§ 2, paragraph 2, point (b) (e))]
(b)) the Ministry of agriculture lays down the law technical
the requirements for the water works and the technical requirements for the construction for the performance
forest functions,
(c)) provides for the legal regulation, the Ministry of transport technical requirements
for the air of the building according to the law on Civil Aviation ^ 57), for the construction of
railways and on the runway, including equipment on the runway, construction of highways, roads,
local communications networks and publicly available communications services and a range of special purpose
and the content of the project documentation to the buildings,
(d)), the Ministry of industry and trade of the law lays down the technical
requirements for the construction, for the purpose of mining, processing, transport and storage
radioactive materials in the territory reserved for these purposes and for the construction of
related to the storage of radioactive waste containing natural
radionuclides and for buildings belonging to the operating units, which
part of it is a nuclear device ^ 10) and for the purposes of transport and
oil storage,
(e)) the capital city of Prague provides by regulation issued by the delegated scope
General requirements for the use of the territory and the technical requirements for construction in
the capital city of Prague.
(f)), the Czech mining Office provides legal regulation requirements for the construction,
to serve otvírce, preparation and development of exclusive bearings
as well as editing and refining of minerals carried out in connection with the
their exploitation, the requirements on the construction of the warehouses of explosives and the requirements for
the protection of mining works,
(g)) the Ministry of Justice provides for the legal regulation of the technical
requirements for the construction, for the purpose of the prison service and its organizational
units.
section 195
(1) an exemption from qualifying education requirement under section 24, the Ministry of
grant on the basis of the request of an official territorial self-governing unit, if
It proves that carries out planning activities in accordance with the laws
provisions. In the assessment of the Ministry is based on the quality of the operations of the applicant
When planning documentation and planning
documents on which it is shown to be personally involved.
(2) the request for an exemption from the requirement of a qualifying education
the applicant attaches particular
and) evidence of the practice in public administration in the procurement planning
documentation or planning documents for at least 18 months,
including the enumeration of planning documentation or planning
evidence on which the acquisition is shown to be personally involved in, with
indication of the extent of its market share,
(b) a copy of the proposal) specify or report on the application of spatial planning
documentation and design planning documentation, or the opinion of the
the Regional Office on the draft zoning plan, in which the person participated in,
(c) report of the working activities) ^ 67) or other document proving the quality of the
the work,
(d)) copy of the certificate of special professional competence for administrative activities
territorial planning.
Final provisions
§ 196
(1) the Declaration, request, proposals and other submissions under this Act, for the
that detailed legislation specifies the form, can be held only on the
These forms, even in electronic form signed by
special legislation ^ 58).
(2) If this Act or other legislation issued for its implementation
lays down the obligation to follow the technical standards (ČSN, ČSN EN) must
This technical standard, free of charge to the public.
§ 197
Cancellation provisions
Are deleted;
1. Act No. 86/1946 Coll. on building renewal.
2. Act No. 115/1946 Coll. amending and supplementing the law of 12 June 2001.
April 1946, no. 86, of building restoration.
3. Act No. 50/1976 Coll., on the territorial planning and building regulations (building
the law).
4. Law No. 262/1992 Coll., amending and supplementing Act No 50/1976
Coll. on territorial planning and the building code (the building Act), as amended by
Act No. 103/1990 Coll.
5. Act No. 43/1994 Coll., amending and supplementing Act No 50/1976
Coll. on territorial planning and the building code (the building Act), as amended by
amended.
6. Act No. 59/2001 Coll., amending Act No. 50/1976 Coll., on the territorial
planning and building code (the building Act), as amended
regulations.
7. Act No. 422/2002 Coll., amending Act No. 50/1976 Coll., on the
land use planning and the building code (the building Act), as amended by
amended.
8. Decree No. 120/1979 on spatial identification information.
9. Decree No. 132/1998 Coll., which implements certain provisions of
the building Act.
10. Decree No. 135/2001 Coll. on territorial planning documents and
planning documentation.
11. Decree No. 492/2002 Coll., amending Decree No. 132/1998 Coll.
by implementing some of the provisions of the construction Act.
12. Decree No 570/2002 Coll., amending Decree No. 135/2001 Coll.
of the planning documents and planning documentation.
PART SEVEN
The EFFECTIVENESS of the
§ 198
This law shall enter into force on 1 January 2005. in January 2007, with the exception of the provisions
§ 143, 144, 145, 147 and 151, which shall take effect on 1 January 2005. July
2006, and with the exception of the provisions of section 102 paragraph. 2, which shall take effect
on 1 January 2005. January 2012.
Zaorálek in r.
Klaus r.
Paroubek in r.
Annex.
The content of the environmental impact assessment policy framework development, policy
territorial development and spatial planning on the environment for the purpose of
environmental impact assessment concepts on the environment (part and evaluation
the effects on the sustainable development of the territory)
[To section 19, paragraph 2, of Act No. 183/2006 Coll. on territorial planning and building
Code (the building Act)]
1. A brief summary of the contents and the main objectives of spatial development policy
or territorial planning documentation, relation to other concepts.
2. assessment of the relationship of spatial development policy to the objectives of protection
the environment adopted on the interstate or community level.
Evaluation of the relationship of planning documentation for the objectives of protection
the environment adopted at the national level.
3. the data on the current state of the environment in the respective territory and its
foreseeable developments, if they have not applied the policy of territorial
development or spatial planning documentation.
4. the characteristics of the environment, which could be the application of the
policy development or spatial planning documentation significantly
affected.
5. The current environmental issues and phenomena that could be
application of the spatial development policy or planning documentation
significantly affected by, in particular, with regard to the specially protected areas and bird
area.
6. assessment of existing and anticipated environmental effects of the proposed variants
policy development or spatial planning documentation, including
the effects of secondary, cumulative, synergistic, short-,
medium-and long-term, permanent and temporary, positive and
negative; assess the impacts on population, human health, biological
diversity, fauna, flora, soil, rock, water, air,
climate, material assets, cultural heritage including heritage
architectural and archaeological, and effects on the landscape, including relations
between the areas of the evaluation.
7. A comparison of the observed or anticipated the positive and negative effects
According to the different variants and their evaluation. A user-friendly
description of the methods used, including the assessment of their limitations.
8. Description of the proposed measures for the prevention, reduction or compensation
all the identified or presumed serious negative effects on the
the environment.
9. evaluation method of incorporating the objectives of the protection of the environment
taken at international or community level into the policy of the territorial
development and taking into account when choosing a solution. Evaluation of how
the incorporation of national environmental objectives in
planning documentation and their taking into account in the selection of the solution variants.
10. design of indicators to monitor the impact of development policies and
territorial planning documentation on the environment.
11. proposal of decision on request in defined areas and corridors
in terms of minimizing adverse effects on the environment.
12. A non-technical summary of the above information.
Selected provisions of the novel
Article. (II) Act No. 191/2008 Sb.
The transitional provisions of the
The proceedings, which have not been completed before the date of entry into force of
This law shall be completed in accordance with existing legislation.
Article. (II) Act No. 350/2012 Sb.
paid
Transitional provisions
1. If the defined built-up territory of the plot nezastavitelných
agricultural land according to the existing legislation, this part of the
the definition does not apply.
2. the activities in the procurement update, policy development,
territorial planning documentation or its updates or changes that have been
completed before the date of entry into force of this law, shall be assessed in accordance with
the existing legislation; "entering territorial planning
documentation, the instructions for the processing of its proposal and the reports on the application of
policy development or spatial planning documentation, which are
contrary to this Act, shall not apply.
3. Part of the spatial development policy, in which it was saved, examination of the use of
territorial studies as a condition for making changes in their use
According to the existing legislation does not apply at the earliest
update from this documentation must be dropped.
4. the part of the territorial planning documentation, which, pursuant to Act No. 183/2006
Coll., as amended, effective from the date of entry into force of this law, they cannot
be a part of it, is not applicable and at the next update or change
This documentation must be omitted; This provision shall not apply to
evaluation of the effects on the sustainable development of the territory and for the regulatory plan on
documentation of the effects.
5. task to examine territorial studies use change area or corridor
as defined in the municipal plan as a condition for the decision shall cease to
the validity of the end of the 4 years from the date of entry into force of this Act, if
It is not in the territorial planning documentation deadline for insertion
data on territorial study in the planning of activities. The acquisition and
the issue of regulatory plan as a condition for making decisions in the desktop or
corridor defined in spatial development policy or in the territorial plan
ceases to be valid on the expiry of four years from the date of entry into force of this
the law, if policy development or land use plan is not
given the deadline for the acquisition and release of the regulatory plan.
6. If at the date of entry into force of this law, taken the concept
master plan and was not initiated its consideration, this shall be deemed to
the concept behind the draft zoning plan; in cases, when already started
his hearing, according to existing legislation, including the
approval of the guidelines for the processing of the proposal. On the basis of a proposal from
These guidelines will lead to proceedings for the territorial plan, the provisions of § 50 and 51
Act No. 183/2006 Coll., as amended, effective from the date of entry into force of
This Act, do not apply in this case.
7. the activities in the procurement update, policy development,
territorial planning documentation or its updates or changes, other than those mentioned
in paragraph 6, that were launched and applications prior to the date of entry into force
This Act shall be completed and assessed according to present legislation
legislation; It does not apply to the definition of the right of pre-emption in the land use plan
or the regulatory plan.
8. On the territory of the commune, which does not have a valid plan, after 1. January 2021
place in the undeveloped territory in addition to the buildings, facilities and other measures
referred to in section 18, paragraph. 5 buildings for which they were before this date
been placed the construction of transport or technical infrastructure.
9. The definition of the right of pre-emption in the land use plan or a regulatory plan
which is in conflict with this Act, shall not apply. The village, which the territorial
plan or a regulatory plan was issued, the competent authority shall be sent to the cadastral
without undue delay, a proposal for the deletion of the right of pre-emption, which is in the
inconsistent with this Act, of the list of ownership with the land registry indicating
territory and numbers of the parcels.
10. If the draft zoning plan or a regulatory plan definition
the right of pre-emption in contravention of this law, shall ensure that the maker of the
before the proceedings under section 52 or 67 of Act No. 183/2006 Coll., in
the texts of the effective date of the entry into force of this Act, modify the proposal.
If this procedure has already been before the date of entry into force of this Act
opened or closed and territorial plan or a regulatory plan was issued,
Customer shall ensure that the adjustment of the draft held repeated public
consideration of the revised proposal.
11. If the offer was to conclude a contract on the transfer of land subject to
supply made before the date of entry into force of this Act,
progresses in the application of the right of pre-emption in accordance with existing
the legislation.
12. In the case of projects which require the issue of zoning decision or
land use consent and pursuant to Act No. 183/2006 Coll., as amended effective from
date of entry into force of this law, is no longer require, after building Office
date of entry into force of this Act, initiated proceedings or other
procedures, the resolution, which is noted in the file, it stops.
13. The notice of intent in the territory to issue land use consent filed before
date of entry into effect of this law shall be considered a request for territorial
consent and proceed under section 96 of the Act No. 183/2006 Coll., as amended by
effective from the date of entry into force of this Act.
14. The administrative procedure, which has not been completed before the date of entry into
the effectiveness of this law shall be completed in accordance with the existing laws,
legislation, with the exception of
and construction management) pending at first instance, which relate to the
the buildings, which, according to the new legislation will report; on such
the building is seen as reported under this law, for reporting in
this case considers the request for the issue of a building permit and a day
the announcement of the date of entry into force of this Act,
(b) management of administrative tort) committed before the date of entry into force of
This law, if the new law is more favourable to the accused.
15. Building Authority completes the procedures, which are not administrative procedures to
notifications, notifications or requests received before the date of entry into force of
This law, in accordance with the existing legislation.
16. If the proposal on the conclusion of a public contract, filed before the date of
the entry into force of this law, shall be at the close of this
public service contracts in accordance with the existing legislation.
17. review procedures relating to public contracts, which
the effectiveness of prior to the date of entry into force of this law, you can start
not later than 1 year after the date of entry into force of this law.
18. If the definition of the territorial plan of the buildings unfit for abbreviated
construction management, this part does not apply. The acquirer, in cooperation
with the municipality shall ensure that the said definition was removed from the zoning plan
at the release of its next change.
19. Qualifying requirements for the performance of the activities on the General construction
the Office referred to in section 13 (3). 1 (a). and the territorial decision making) and
building regulations pursuant to Act No. 183/2006 Coll., as amended, effective from the date of
the entry into force of this law, meets the person who performs this activity
on the date of entry into force of this Act. Qualification requirements under section
13A of the Act No. 183/2006 Coll., as amended, effective from the date of entry into force of
This law, meets the official General Building Authority referred to in section
13 (3). 1 (a). b) to (e)), which operates at the date of acquisition
the effectiveness of this Act and has the certificate of special professional
eligibility under special legislation, or gets to 18
months from the entry into force of this law, or has a certificate of recognition
the equivalence of education or its part, in accordance with which it may
activities to carry out, or has earned a degree in Bachelor's or
Master study programmes laid down specific legal
Regulation, with the result that it can perform this activity. Qualifying
the requirements also meets the natural person who has the relevant certificate
special professional competence under special legislation.
Article. (VI) Law No 39/2015 Sb.
Transitional provisions
1. the territorial management led by pursuant to section 91 of the construction Act, as amended by the effective
before the date of entry into force of this Act, pending final
planning prior to the date of entry into force of this Act
interrupt the day of entry into force of this law. A request made under section 91
paragraph. 4 the building Act in the version effective before the date of entry into force of
This Act, before the date of entry into force of this Act shall be deemed to
notification pursuant to section 6 of the Act No 100/2001 Coll. on environmental impact assessment
the environment, as amended effective from the date of entry into force of this
law, and the Building Authority shall forward to the competent authority together with the
documentation of the impact of project on the environment; in territorial control can be
continue after the release of the opinion under section 9a of the paragraph. 1 the Act No 100/2001
Coll. on environmental impact assessment, in the version effective as from the date
the entry into force of this law.
2. the procedures are administrative proceedings initiated before the date of entry into
the effectiveness of this Act and notices, notifications or requests made prior to the
date of entry into force of this law, in accordance with the building Office completes
the existing legislation.
3. If the opinion of the competent authority has been issued under section 65 paragraph. 5
the building Act in the version effective before the date of entry into force of this
the law, the regulatory plan shall be drawn up in accordance with the existing laws and issues
regulations.
4. the administrative proceedings pending the decision, whose leadership is competent
pursuant to section 13 (3). 8 the building Act, as amended, effective after the date of entry into
the effectiveness of this law, the local authority of municipality with extended powers,
interrupt the day of entry into force of this law and the relevant construction authority
under the building Act, effective prior to the date of entry into force of this
law, shall promptly forward the entire file to the competent authority
pursuant to section 13 (3). 8 the building Act, as amended, effective after the date of entry into
the effectiveness of this Act.
5. for the purposes for which it was issued an opinion on the assessment of the effects
implementation of the project on the environment according to the law on environmental impact assessment
on the environment, in the version effective before the date of entry into force of
This Act, the territorial decision does not issue again, if the territorial
decision repealed before the date of entry into force of this Act.
1) section 34 of the Act No. 128/2000 Coll.
2) Act No 455/1991 Coll., on trades (trade licensing
Act), as amended.
3) section 136 of the Act No. 500/2004 Coll., the administrative procedure code.
4) for example, Act No. 254/2001 Coll. on waters and on amendment to certain laws
(the Water Act), as amended, and Act No 114/1992 Coll., on the
nature and landscape protection, as amended, law No.
86/2002 Coll., on the protection of the air and amending certain other acts
(Act on the protection of the atmosphere), as amended, law No.
334/1992 Coll., on the protection of agricultural land fund, as amended
legislation, law No. 20/1987 Coll. on State care monument, in the text of the
amended, law no 289/1995 Coll., on forests and on the amendment and
supplementing certain laws (forest law), as amended,
Act No. 133/1985 Coll., on fire protection, as amended,
Act No. 13/1997 Coll. on road traffic, as amended
legislation, Act No. 44/1988 Coll., on the protection and utilization of mineral resource
wealth (the top Act), as amended, law No.
164/2001 Coll., on the natural medicinal resources, natural resources
mineral water, natural healing Spa and Spa places
changes to some related laws (the Spa Act), as amended by
amended, Act No. 62/1988 Coll., on geological works,
as amended, Act No. 258/2000 Coll., on the protection of the public
health and amending certain related laws, as amended
regulations.
5) section 149 of the Act No. 500/2004 Coll.
6) section 140 of the Act No. 500/2004 Coll.
7) Law No 131/2000 Coll., on the capital city of Prague, as subsequently amended
regulations.
8) Law No. 314/2002 Coll., on the establishment of municipalities, charged with municipal authority and
determination of municipalities with extended powers, as amended by Act No 387/2004 Sb.
9) Law No. 76/2002 Coll. on integrated pollution prevention and control
pollution on the integrated pollution registry and amending certain
laws (the law on integrated prevention), in the wording of later regulations.
10) Act No. 18/1997 Coll. on peaceful uses of nuclear energy and
ionizing radiation (the Atomic Act) and amending and supplementing certain
laws, as amended. Act No. 458/2000 Coll., on the
terms and conditions of business and the performance of State administration in the energy sectors
and on the amendment of certain laws (Energy Act), as amended
regulations.
11) Act No 100/2001 Coll., on the assessment of the effects on the environment and on
changes to some related laws, as amended by Act No. 93/2004 Coll.
12) Act No 114/1992 Coll., as amended.
13) section 139 of the Act No. 500/2004 Coll.
14) Act No 360/1992 Coll., on the exercise of the profession of Chartered architects
and the pursuit of the profession of Chartered Engineers and technicians active in the
the construction, in the wording of later regulations.
15) Act No. 133/2000 Coll., on registration of population and social security numbers and the
amendments to certain acts (the Act on the registration of inhabitants), as amended
regulations.
15) Act No. 326/1999 Coll., on stay of foreigners on the territory of the Czech Republic and
on the amendment to certain acts, as amended.
16) section 76 of the Act No. 500/2004 Coll.
17) section 21 to 26 of the Act No. 312/2002 Coll., on officials of territorial
bodies and amending certain laws, as amended by Act No.
46/2004 Sb.
18) Government Regulation No. 116/1995 Coll., laying down a geodetic
reference systems, State mapping works binding throughout the territory of the State and
principles for their use.
19) Law No 248/2000 Coll., on the promotion of regional development, as amended)
Act No. 320/2002 Coll.
20) Law No. 123/1998 Coll., on the right to information on the environment,
in the wording of later regulations.
section 172, paragraph 21). 3 of Act No. 500/2004 Coll.
22) Law No 344/1992 Coll., on the land register of the Czech Republic
(Land Registry Act), as amended.
23) section 171 to 174 of the Act No. 500/2004 Coll.
25) § 159 up to 170 of the Act No. 500/2004 Coll.
32) Law No. 20/1987 Coll. on State care monument, as amended
regulations.
33) § 2, 3 and 11 of Act No. 139/2002 Coll., on land and on the
land offices and on the amendment of the Act No. 229/1991 Coll., on the adjustment of
the ownership of land and other agricultural property as amended by
amended.
34) for example, Act No. 266/1994 Coll., on rail, as amended
legislation, law No. 13/1997 Coll. on road traffic, as amended by
amended.
35) Act No. 72/1994 Coll., to regulate certain co-ownership
relationships to buildings and some ownership to apartments and non-residential
spaces and added some laws (the law on the ownership of apartments), in
as amended.
36), for example, section 70 of Act No. 114/1992 Coll., on nature and landscape protection,
as amended by law No 218/2004 Coll.
36) section 23 of the Act No 100/2001 Coll., as amended by Act No. 93/2004 Coll.
§ 5, paragraph 37). 1 of law no 344/1992 Coll., on the Czech real estate
Republic of (Land Registry Act), as amended.
38) Act No. 219/2000 Coll., on the Czech Republic and its
in legal relations, as amended.
39) Law No. 22/1997 Coll., on technical requirements for products and on the
changing and supplementing certain acts, as amended.
39) Government Decree No. 163/2002 Coll., laying down the technical
the requirements for the selected building products.
Government Regulation No. 190/2002 Coll., laying down technical requirements
for construction products called CE, as amended by regulation of the Government No. 251/2003
Coll. and regulation of the Government No. 128/2004 Sb.
40) for example, Decree No. 104/1997 Coll., implementing the law on the
the road, in the wording of later regulations.
41), for example, section 4 of Decree No. 111/1981 Coll. on the cleaning of chimneys,
41) sections 15 and 19 of Decree No. 428/2001 Coll., implementing Act No.
274/2001 Coll., on the water supply and sewerage networks for public use and the
amendments to certain acts (the Act on water supply and sewerage networks),
section 4 of Decree No. 85/1978 Coll., on inspections, revisions and tests
gas equipment, as amended by Decree-Law No 352/2000 Sb.
41A) Law No 111/2009 Coll., on basic registers.
41B) section 31, paragraph. 1 to 3 of Act No. 128/2000 Coll., as amended by Act No.
227/2009 Sb.
§ 14 paragraph. 1 to 3 of the Act No. 131/2000 Coll., as amended by Act No 227/2009
SB.
42) Act No. 552/1991 Coll., on State control, as amended
regulations.
43) Law No. 239/2000 Coll., on the integrated rescue system and amending
certain acts, as amended.
Decree No. 380/2002 Coll., for the preparation and implementation of the tasks of the protection
of the population.
section 35, paragraph 44). 1 of Act No. 13/1997 Coll., on the road,
the text of law No 102/2000 Sb.
45 of the Civil Code).
45A) Law No 18/2004 Coll., on the recognition of professional qualifications and other
the eligibility of nationals of the Member States of the European Union and the
some of the nationals of other States and on the amendment of certain laws (the law on the
recognition of professional qualifications), in the wording of later regulations.
46), Act No 634/2004 Coll., on administrative fees, as amended
regulations.
46A) section 15a of Act No 360/1992 Coll., on the exercise of the profession of Chartered
architects and professional engineers and technicians
active in construction, as amended by law No 224/2003 Coll.
section 22, paragraph 47). 3 Act No 360/1992 Coll., as amended by law No 224/2003
SB.
48) Law No 499/2004 Coll. on Archives and the archival service and amending
certain acts, as amended.
for example, 49) Act No 360/1992 Coll., Act No. 200/1994 Coll., on
surveying and amending and supplementing certain laws related to its
the introduction, in the wording of later regulations.
50) section 68 of Act No. 499/2004 Sb.
51) Law No 184/2006 Coll., the withdrawal or restriction of ownership rights to
land or building (the law on expropriation).
section 15, paragraph 52). 2 Act No. 500/2004 Coll.
53) § 58 and § 62, paragraph. 3 to 6 of the Act No. 500/2004 Coll.
54) Law No. 239/2000 Coll., as amended.
54) Act No 240/2000 Coll., on crisis management and on amendments to certain laws
(the emergency law), as amended.
Act No. 254/2001 Coll., as amended.
section 2, paragraph 55). 2 of the commercial code, as amended.
56A), Act No. 500/2004 Coll., the administrative code, as amended.
57) section 36 of Act No. 49/1997 Coll., on civil aviation and on the amendment and
additions to law No. 455/1991 Coll., on trades
(Trade Act).
58) Act No 227/2000 Coll., on electronic signature, as amended
regulations.
section 30, paragraph 59). 2 of law No 111/2009 Coll., on basic registers.
59) Act No. 458/2000 Coll., on conditions for business and about the performance of the State
in the management of energy sectors and on amendments to certain laws
(Energy Act), as amended.
for example, 60) Law No 289/1995 Coll., on forests and on the amendment and supplement
Some laws (forest law), as amended.
61) for example, Act No. 77/1997 Coll., on the State of the enterprise, in the text of the
amended.
62) § 2 (2). 1 Act No. 151/1997 Coll., on the valuation of assets and the change in the
Some laws (law on the valuation of assets), as amended
regulations.
section 12, paragraph 63). 4 of Act No. 219/2000 Sb.
section 10 of Act No. 526/1990 Coll., on prices, as amended.
64) Decree No. 246/2001 Coll., on the determination of the conditions of the fire safety
and the performance of the State Fire supervision (Decree on fire prevention).
65) section 15a of Act No. 254/2001 Coll. on waters and on amendment to certain laws
(the Water Act), as amended.
section 20, paragraph 66). 3 of Act No. 200/1994 Coll., on surveying and amending and
supplementing certain laws related to its introduction, in the text of the
amended.
67) Act No. 262/2006 SB., labour code, as amended.