Sb 350/2012.
LAW
of 19 December 2003. September 2012
amending Act No. 183/2006 Coll. on territorial planning and building
Code (the building Act), as amended, and some
related laws
Parliament has passed the following Act of the Czech Republic:
PART THE FIRST
Change the building Act
Article. (I)
Act No. 183/2006 Coll. on territorial planning and building regulations (building
Act), as amended by Act No. 68/2007 Coll., Act No. 191/2008 Coll., Act
No 223/2009 Coll., Act No. 227/2009 Coll., Act No. 281/2009 Coll., Act
No 345/2009 Coll., Act No. 379/2009 Coll., Act No. 424/2010 Coll., Act
No 420/2011 Coll., Act No. 142/2012 Coll. and Act No. 167/2012 Coll.,
amended as follows:
1. In section 2 (2). 1 (a). (e)), point 2 is deleted.
The former item 3 becomes item 2.
2. In article 2 (2). 1 (a). g), the words "land or land file"
replaced by the words "one or more parcels or parts thereof".
3. In article 2 (2). 1 (a). (h)), the words "or the more urban parts of the territory of the
the capital city of Prague, where appropriate, the territory of several counties "is replaced by",
where appropriate, the territory of several counties; in the case of the city of Prague for the desktop
nadmístního the importance of the area considered the city-wide importance ".
4. In section 2 (2). 1 (a). to point 2), the words "waste water"
the words "works to reduce the threat to the territory of natural or other
disasters, ".
5. In section 2 (2). 3, the second sentence shall be inserted After the phrase "the construction shall be considered
also the product filling function. ".
6. In section 2, at the end of the text of paragraph 6, the words ", or
authorized inspector ".
7. In section 2, the following paragraph 7 is added:
"(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
horizontal plane. ".
8. In section 3, the following paragraph 5 is added:
"(5) in this Act uses the concept of the construction project,
by construction, a change in the circumstances of the completed buildings, terrain modification,
equipment or maintenance. "
9. In section 4, paragraph 2, including the footnote No. 4:
"(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.
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. ".
10. In section 4, paragraph 2, the following paragraph 3 is added:
"(3) if the proposal under consideration of the variant solution, the authority concerned
assessing each presentation separately. ".
Paragraphs 3 to 7 shall be renumbered as paragraphs 4 to 8.
11. In section 4, paragraph 4. 5 is the number "3" shall be replaced by the number "4".
12. In section 7 (2). 1, point (d)) shall be deleted.
Letters e) to (h)) are renumbered as subparagraph (d)) to (g)).
13. section 9 is repealed.
14. In section 12, paragraph. 1 at the beginning of subparagraph (b)), the words "leads system
construction of technical prevention, in which ".
15. In section 12, paragraph. 2 at the end of subparagraph (b) shall be replaced by a comma and dot)
the following point (c)), which read:
"(c)) may authorize the operation of a system of construction and technical prevention
organizational folder State. ".
16. In section 12, paragraph. 2, the final part of the provisions repealed.
17. In section 13 (3). 1 (c)):
"c) Municipal Office municipality with extended competence ^ 8)."
18. In section 13 (3). 1, point (d)), and (e)) shall be deleted.
Subparagraph (f)), and (g)) are renumbered as subparagraph (d)), and (e)).
19. In section 13 (3). 1 (a). (e)), the number of "2006" is replaced by "2012".
20. In article 13, paragraph 1, the following paragraph 2, including the
footnote No. 10:
"(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).
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. ".
Paragraphs 2 to 6 shall be renumbered as paragraphs 3 to 7.
21. In section 13 (3). 4 g) or designated pursuant to paragraph 2 "
replaced by the words "e), or designated pursuant to paragraph 3".
22. In section 13 (3). 5, the words "g) and in paragraph 2" shall be replaced by "e) and in
paragraph 3 ".
23. under section 13 shall be added to § 13a, including title and notes
line 17:
"§ 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.
17) Act No. 312/2002 Coll., on officials of territorial self-governing units and
on the amendment to certain acts, as amended. ".
24. In article 14, the present text shall become paragraph 1 and the following
paragraph 2, which reads as follows:
"(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. ".
25. In section 16. 2 (a). (c)), the words "to carry out the tasks
The Ministry of Justice and the prison service for business purposes
and its organizational components "shall be replaced by the words" for the purposes of the prison
services and its business units ".
26. In section 16. 2 (a). (d)), the words "and nuclear structures
device ^ 10) "shall be replaced by the words", at the structures related to the store
radioactive waste containing natural radionuclides and for buildings
due to operational units, which is part of a nuclear device,
and for the construction of electricity transmission equipment, equipment for the transport of gas,
facilities for the storage of gas or electricity production plants, with a total
installed electrical power 100 MW and more ^ 10). "
27. In section 16, paragraph 2, the following paragraph 3 is added:
"(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 ".
Paragraphs 3 and 4 shall become paragraphs 4 and 5.
28. In section 16 paragraph 5 is added:
"(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, the authority of which the building concerned. ".
29. In § 17 paragraph. 1 the words "123, 124 and 126 ' shall be replaced by the words" and 123
124. "
30. In § 17 paragraph. 2, after the words "part four of", the words "title I
Part 1 and in accordance with the "and the words" 123, 124 and 126 ' shall be replaced by "123 and
124. "
31. In section 18 at the end of paragraph 5, the following sentence "Listed buildings,
equipment and other measures, including buildings, that with them immediately
they relate, including fencing, can be placed in the undeveloped territory in
the cases, if the territorial planning documentation does not explicitly exclude. ".
32. In section 19 paragraph 2 is added:
"(2) the task of spatial planning is also an environmental assessment policy
spatial development, spatial development policy or plan to
the sustainable development of the territory (section 18 (1)). For the purposes of this assessment, the
handles the evaluation the effects on the sustainable development of the territory. His part of the
It is also the evaluation of the effects on the environment with the necessities
laid down in the annex to this Act, including an assessment of the impact on the
European important bird area or ".
33. Article 20, paragraph 1 shall be deleted.
Paragraphs 2 and 3 shall become paragraphs 1 and 2.
34. In § 20 paragraph 1 reads:
"(1) the competent administrative authority to the public and the authorities concerned must
ensure the possibility to get acquainted with the proposals you enter planning
documentation or report on its application from the date of the posting up of public
Ordinance. ".
35. In § 21. 1 at the end of subparagraph (c)), the comma shall be replaced by the dot and
subparagraph (d)) shall be deleted.
36. In section 23, paragraph. 1 and in section 23, paragraph. 2 the second sentence, the words ", where appropriate,
the concept of ' shall be deleted.
37. In section 24 paragraph 1 reads:
"(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. ".
38. In section 24, paragraph. 3 (b). and the words ") 3 years" shall be replaced by "18
months ".
39. In section 24, the following paragraph 4 is added:
"(4) an official may not meet qualification requirements to perform spatial
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. ".
40. In section 28 paragraph. 2, the words "information" is replaced by "by them
provided by the data "and in paragraph 3, the word" used "is replaced by
the "provided by".
41. In section 29, paragraph 1:
"(1) 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. ".
42. In article 29, paragraph 2 shall be deleted.
Paragraphs 3 and 4 shall become paragraphs 2 and 3.
43. In section 30, paragraph. 4, the words "as a ground for processing, update
or a change of territorial planning documentation "shall be replaced by the words" under section 25 ".
44. In § 33 paragraph 4 is added:
"(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
reasonably. ".
45. In § 33 paragraph. 5 the second sentence, after the word "things", the words "and
The Ministry of the environment ".
46. In § 33 paragraph 5 the following new paragraphs 6 and 7 are added:
"(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).“.
Paragraph 6 is renumbered as paragraph 8.
47. In section 33, paragraph. 8 the first sentence, after the word "comments", the words
"communities and".
48. In § 34 paragraph. 1 (a). and the word) "comments", the words
"communities and".
49. In article 34, paragraph 2 shall be deleted and shall be deleted at the same time, paragraph
1.
50. In section 35, paragraph. 2, letter d) the following points (e) and (f))),
are added:
"(e) an opinion under section 45i) of 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 ".
Letter e) is renumbered as paragraph (g)).
51. In section 35, paragraph 2, the following paragraph 3 is added:
"(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. ".
The former paragraph 3 shall become paragraph 4.
52. In section 35 is at the end of paragraph 4, the following sentence "the assessment of the effects of
Update on the sustainable development of the territory is processed only if
so, established the Ministry of the environment, in its opinion, pursuant to section 35
paragraph. 2 (a). f).“.
53. In article 35, the following paragraph 5 is added:
"(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. ".
54. In § 36 odst. 1, the second and third sentences are replaced by the phrases "the Affairs of the
concerning the development of the territory of the State, which are not included in the policy
development, may be part of the spatial development policy, if it
the Ministry, in its opinion, pursuant to section 37, paragraph. 9 of the reasons for the significant
the negative effects of transboundary region ruled out. The principles of
territorial development may define the area or corridor, and to provide for their
the use of which the need for and the area it is necessary to examine the claims (hereinafter referred to as
"the territorial reserve"). In the territorial reserve changes are prohibited in the territory of [section 2
paragraph. 1 (a). and)], which could significantly complicate usage fixed
or prevent. Change the territorial reserve for the area or corridor that allows
set usage can only be on the basis of territorial policy updates
the development of. At the same time with the design principles of territorial development with handles
evaluation of the effects on the sustainable development of the territory, provided for the use of the territorial
reserves are in terms of the effects on the environment and the European
important bird area sites and not judged. ".
55. In § 36 paragraph 2 is added:
"(2) Spatial Development Policy can in selected areas or
Save the changes to the screening of the corridors of their use of territorial studies. In
spatial development policy can be defined area or corridor, in which
It is deciding on the changes in the territory shall be conditional on the release of the regulatory plan; in
this case is part of a policy and regulatory plan from
initiative and reasonable period of time for its release. The issue of regulatory plan
as a condition for making vain expiry of the lapses.
Spatial development policy can determine the condition of the issue of the regulatory
plan and enter only in agreement with the communities in the respective territory. ".
56. In section 36, at the end of paragraph 3 the following sentence "the principle of the territorial
development or evaluation of the effects on the sustainable development of the territory shall not
include details belonging to the content of the territorial plan
the regulatory plan or follow-up decision. ".
57. section 37 and 38, including the title: "the draft spatial development policy
§ 37
(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) If a proposal of territorial development policy contains the terms and conditions for the acquisition and
the issue of regulatory plan, which are the design type (§ 36 odst.
2), and this regulatory plan will replace the decision about the location of the
the project, which is the subject of the assessment of the effects on the environment, it shall
Regional Office of proposal entry, including notification of the intention of the competent authority
According to the law on the assessment of the effects on the environment (hereinafter referred to as
"the competent authority") to perform the discovery management ^ 11) and body protection
nature to the application of the opinion referred to in § 45i law on nature protection and
landscape. The conclusion of the fact-finding procedure, including the opinion of the authority, the protection
nature's Regional Office will take into account in the design of the award and connects to the justification
the draft spatial development policy.
(3) 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.
(4) 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.
(5) 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.
(6) 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.
(7) 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 3 to 6 of the Ministry
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.
(8) 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)).
(9) the Ministry shall forward the opinion to the draft regional authority 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 7, 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.
(10) in the event that the Ministry notifies the regional office in its opinion on the
the shortcomings of the aspects referred to in paragraph 9, you can initiate the
principles of territorial development to the Ministry on the basis of confirmation of
Elimination of deficiencies.
section 38
(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, its changing. ".
58. In section 39, paragraphs 1 and 2 shall be added:
"(1) adjusted and posouzený land development policy design, evaluation
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
design and evaluation of projednání21) is held 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 (3)). 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
notified. ".
59. In article 39, paragraph 4 reads:
"(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
discussion. ".
60. In § 39, paragraph. 5 the first sentence, the words "shall be assessed adequately by section 38
and repeated public consultation takes place with the participation of the institutions concerned "
replaced by the words "the regional office 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 ".
61. In § 39, paragraph. 5, the first sentence shall be inserted after the phrase "the Ministry
the environment in its opinion as to whether substantial modification requires
the assessment of the environmental effects on the environment, where appropriate, provides
more detailed requirements under section 10i law on environmental impact assessment
environment. Modified design and, where appropriate, modified or supplemented by the assessment
the effects on 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 ".
62. In § 40 paragraph 2 is added:
"(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. 7,
(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. ".
63. In section 42, the following new paragraphs 1 and 2 shall be added:
"(1) the 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. ".
Paragraphs 1 to 4 shall be renumbered as paragraphs 3 to 6.
64. In § 42 paragraph 3 reads:
"(3), the regional authority shall adjust the draft report, 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. ".
65. In § 42 paragraph. 4, after the words "to 41", the words "with the exception of the
evaluation of the effects of the spatial development policy update on the sustainable
the development of the territory, which is processed only if the Ministry of the environment
environment in the opinion referred to in paragraph 1 indicated that this should be
Update assessed in terms of the effects on the environment ".
66. In section 42, paragraph 5, the following paragraphs 6 and 7 are added:
"(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 10 and section 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 have been taken. "
Paragraph 6 is renumbered as paragraph 8.
67. In section 43 at the end of paragraph 1, the following sentence "Issues
nadmístního importance that are not addressed in the policy development,
may be part of the master plan, if in the opinion of the regional authority
According to § 50 paragraph. 7 because of the significant adverse effects of excess
the boundaries of the municipality ruled out. "
68. In section 43 paragraph 2 is added:
"(2) in the land-use 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. ".
69. In section 43 shall be added at the end of paragraph 3, the phrase "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
decision. ".
70. In section 43, paragraph. 4, after the words "§ 43 to", the words "47, § 50 to."
71. In section 44 is at the end of subparagraph (d)) shall be replaced by a comma and dot is added
letter e), which reads as follows:
' e) on the proposal for a legitimate investor. ".
72. In section 45, paragraph. 1, after the word "designer", the words "and on the
evaluation of the effects on the sustainable development of the territory ".
73. In section 45, paragraph. 4, after the word "processing", the words ", at the
evaluation of the effects on the sustainable development of the territory ".
74. In § 47 odst. 1, after the words "acquisition of spatial plan", the words
"on the basis of territorial analytical documents and with the use of additional
surveys and analyses "and the word" elected "is replaced by the words" a member of the
Council (hereinafter referred to as the "designated representative") ".
75. Article 47 paragraphs 2 and 3 are added:
"(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
a major site or bird oblast11), make up to the acquirer in the proposal
Enter a request for evaluation of effects on the sustainable development of the territory. ".
76. In § 47 odst. 4, the words "the applicable requirements and incentives" shall be replaced by
the words "the results of the consultation".
77. In § 47 odst. 5 the second sentence, the words "the concept of a territorial plan
authenticating variant solutions shall be replaced by the variant solution
the proposal ".
78. sections 48 and 49, including the title shall be deleted.
79. § 50 and 51 including title:
"The draft zoning plan
section 50
(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. If the draft zoning plan contains a proposal
Enter the regulatory plan (section 43 (2)), shall proceed mutatis mutandis under section
paragraph 37. 2.
(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
(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. ".
80. In § 52 paragraph 1 reads:
"(1) adjusted and posouzený design planning, 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
design and evaluation of projednání21) is held 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. ".
81. In § 52 paragraph. 2, the words "public utility buildings, publicly
beneficial measures and zastavitelných areas "shall be replaced by the words" resolution,
a legitimate investor. "
82. In § 52 paragraph. 3 the first sentence, the words "at a public consultation"
replaced by the words "within 7 days from the date of the public consultation".
83. In § 52 paragraph. 3, the second sentence shall be replaced by the phrase "the authorities concerned and the
Regional Office as the superior authority shall apply at the same time the opinion of the
parts of the solution that they were from the joint hearing (§ 50) changed. ".
84. In § 52 paragraph. 4, after the word "development", the words "or
regulatory plan issued by the region ".
85. Article 53, paragraphs 1 to 3 shall be added:
"(1) the Customer in cooperation with designated Councilor shall evaluate the
the results of the consultation processes with regard to the public interests of the proposal
the decision on the objections and the draft evaluation comments applied to the
the draft land use plan. Proposals deliver the authorities concerned and the regional authority
as the superior authority and invite them to join them in the period of 30 days from the
the receipt of the opinion of the apply. If the authority concerned or the Regional Office
as the superior authority shall not apply the opinion in due time, it is considered that,
that the acquirer agrees with the suggestions. If it is necessary, the maker of the
ensure 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. ".
86. In § 53 paragraph 5 is added:
"(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
the definition of zastavitelných. ".
87. In section 55, paragraph. 1, the second and third sentences are replaced by the phrases "on the
discussion of the draft of this report shall apply mutatis mutandis to § 47 odst. 1 to 4 and
its approval shall apply by analogy to § 47 odst. 5. where are the instructions for
processing of the draft amendments to the zoning plan as part of this report, the
the extent of this change, by analogy with the provisions of § 50 to 54. ".
88. In § 55 paragraph 2 is added:
"(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, pursuant to section 47. ".
89. In § 55 paragraph 2, the following paragraph 3 is added:
"(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 was the abolition of doubt. ".
Paragraphs 3 to 5 shall be renumbered as paragraphs 4 to 6.
90. In section 56, the words ", where appropriate, the concept of ' shall be deleted.
91. In paragraph 59. 1, after the words "may", the words "decide to
the acquisition of the definition developed its territory municipal authority (§ 6 (2))
or ".
92. In paragraph 59. 3, after the words "maps", the words "or
from the decision on acquisition ".
93. In paragraph 59. 3 and 5, and in section 60, paragraph. 1, the words "the Office of the territorial
planning "shall be replaced by" the maker ".
94. In section 60, paragraph. 3 and 4, the words "the Office of land use planning" are replaced by
the word "customer", and in paragraph 5, the words "the Office of the territorial planning"
shall be replaced by the word "acquirer".
95. In article 61 paragraph 2 and 3 shall be added:
"(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.
(3) If a part of the regulatory plan is replaced by the zoning and planning decision for the objective
that is the subject of an environmental impact assessment prostředí11), judge
the effects of this project. The procedures for assessing the environmental impact and
the acquisition will combine the regulatory plan for the intent of the
and) referred to in annex No. 1 category II of the law on environmental impact assessment
the environment,
(b)), which is the competent authority regional office and
(c)) for which the investigation took place under section 7 of the Act on the assessment of
the effects on the environment, if the competent authority at the conclusion of the discovery
the combination of these control procedures did not rule out. In these cases, the judgement
about the environmental effects of the project on the environment. Connection procedures
assessment of the effects on the environment and making the regulatory plan is
excluded for the intention of requiring environmental impact assessment
beyond the borders of the Czech Republic. ".
96. Footnote 24 is repealed.
97. Article 61 paragraph 3, the following paragraph 4 is added:
"(4) if the plan does not replace the territorial decision for intent,
that is set out in paragraph 3, the special provisions of this Act
governing the assessment of the effects of regulatory plan on the environment
do not apply. For podlimitních projects, the competent authority procedure under the law on
assessment of the effects on the environment whether intent will be subject to
management zjišťovacímu. ".
The current paragraph 4 shall become paragraph 5.
98. In section 62, paragraph. 2 (a). (c)), the words "or if the plan is replaced by the
joint facilities of the complex property alterations by special
legal regulation "shall be deleted.
99. In § 63 paragraph. 1, the first sentence shall be replaced by the phrase "processing costs
the design of the regulatory plan on the initiative of the designer and the processing costs
documentation of the effects of the project on the environment, including environmental impact assessment
the intention of the European important bird area or, if
processes (hereinafter referred to as "effects"), shall be borne by the municipality or County
responsible for its release. "
100. In § 63 at the end of the text of paragraph 1, the words ", at the
documentation of the effects and the map data ".
101. In § 63 paragraph. 2 the words "the map data and mark solved areas
boards "shall be replaced by the words" the effects of the map data documentation, and
discuss with the authorities concerned ".
102. In § 63 paragraph. 3, the second sentence shall be deleted.
103. In § 64 paragraph 2 to 4 shall be added:
"(2) If you do not specify the regulatory plan with the conclusion of the fact-finding procedure
part of the plan or policy development processes
the acquirer simultaneously with the design of the award and the notice of intent. Draft entry with
notification of the intention of the maker
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,
(c) shall be sent to the competent authority), which is to be published forthwith in the manner
enabling remote access,
(d) the authorities concerned, and shall send) the concerned municipalities not listed in subparagraph (b)),
that, without delay, the competent authority shall determine; the municipality of notification without delay
published on their official records.
(3) each can apply for the acquirer within 15 days from the date of delivery of the
the proposal specifying the regulatory plan with the notice of intent in writing the requirements on
the content of the entries and comments on the notice of intent. The authorities referred to in paragraph 2
(a). (b)), and (d)) may apply, within 30 days from the receipt of the award for
the maker of the statement shall specify the requirements for the content and
the answer to the notice of intent. The nature protection authority shall apply in the same
opinion within the time limit under section 45i Act on nature and landscape protection, if
It is no longer a part of the notice of intent. To later applied the requirements and
the expression is not taken into account. The received requests, comments and opinions
the maker shall transmit to the competent authority.
(4) the competent authority shall issue within 10 days from the date of transmission of the requests, comments
and the opinions of the conclusion of the fact-finding procedure, which shall be sent to the customer and
at the same time it shall publish, in a manner enabling remote access. ".
104. In § 64 paragraph 4, the following paragraph 5 is added:
"(5) on the basis of the applicable terms, the opinions and the conclusion of the fact-finding
management of the customer modifies the proposal specifying the regulatory plan and submit it to
competent Board for approval. Along with the design award
shall submit the evaluation of how the requirements have been applied, opinion and conclusion
the discovery of the proceedings into his design incorporated. ".
Paragraphs 5 and 6 shall be renumbered as paragraphs 6 and 7.
105. In paragraph 65. 1 (a). (b)), the word "implementing" shall be deleted.
106. In section 65 paragraph 2 and 3 shall be added:
"(2) the Customer shall provide documentation of the effects of the competent authority.
(3) the Customer shall be notified individually to the authorities referred to in § 64 paragraph. 2 (a).
(b)), and (d)) and the municipalities concerned, the place and time of holding joint negotiations on
the design of the regulatory plan and the documentation of the effects, at least 15 days
in advance. At the same time the authorities ask for the application of the opinions on the draft
the regulatory plan and the comments to the documentation of the effects within 30 days from the date of
the joint negotiations. To later cited opinions and the expression of the
be taken into account. Received opinion and expression of the maker shall send
to the competent authority. ".
107. In section 65 shall be added to paragraph 4 to 7 shall be added:
"(4) the Customer delivers the design and documentation of the effects of regulatory plan
a public decree. Within 15 days from the date of delivery of each for
the maker may apply in writing to the comments on the draft of the regulatory plan and the
comments to the documentation of the effects. To later cited comments made by the
be taken into account. Comments and observations to the acquirer shall send a copy of the
to the competent authority.
(5) the competent authority shall apply for the maker of the opinion of the impact assessment
the design of the regulatory plan on the environment within 15 days from the date of
receipt of the copies of the opinions, comments and observations. For serious reasons,
that competent authority shall communicate to the customer not later than 15 days from the
receipt of documents, the time limit for the application of the opinion extends,
a maximum of 30 days. If the competent authority's opinion does not apply in the
the time limit referred to in the second sentence by the extended deadline, it is possible the regulatory plan
even without his opinions.
(6) If in the opinion of the competent authority referred to in paragraph 5 specifies that
regulatory plan has a significant negative effect on the favourable conservation status of the subject
protection or the integrity of the localities or bird area
proceed in accordance with § 45i paragraph. 9 to 11 of the Act on the protection of nature and the
landscape. Compensatory measures shall state the nature protection authority in opinion
According to the section 4, paragraph 4. 2 (a). (b)).
(7) the person acquiring the goods in accordance with the outcome of the consultation will ensure the Edit design
the regulatory plan. ".
108. In paragraph 66. 2 the first sentence, the words "contract with the owners of the land and
buildings that are affected by the proposed project, whose content 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") "shall be replaced by
the words "agreement on parceling."
109. In section 66 paragraph. 3 (b). and), where appropriate, the decision "
shall be deleted.
110. In paragraph 66. 3 at the end of the text of the letter g), the words "shall be added; in
If the intent of the new claims only on places of public transport or
the technical infrastructure or public spaces, the applicant may
Instead the draft planning Agreement demonstrate the Treaty with the relevant owners
public transport or technical infrastructure to ensure
the construction or modification of the infrastructure to the extent and time required
for the implementation of the project, and a contract with the municipality to build public
the area ".
111. In section 66 paragraph 5 is added:
"(5) If in the opinion of the regional authority in accordance with paragraph 3 (b). and specifies)
that plan has a significant negative effect on the favourable conservation status of the subject
protection or integrity of some localities or bird
the area, which was not subject to an assessment issued by the territorial policy
development or urban plan in terms of these influences, proceed as
§ 45i paragraph. 9 to 11 of the Act on nature and landscape protection. Compensation
the measure shall specify the competent authority for nature protection, in its opinion, pursuant to section 4
paragraph. 2 (a). b).“.
112. section 67 and 68, including the following titles:
"§ 67
The management of the regulatory plan
(1) adjusted and posouzený proposal for a regulatory plan, documentation, effects and
announcement of the public hearing the maker shall transmit to the public
by Decree. Public projednání21) design and documentation of the effects of being held
first 15 days from the date of delivery. Public discussion of the maker
individually invited municipality, for which the 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 paragraph 3 to 6) changed. 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, 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.
Modified design and documentation of the effects of these adjustments in the scope of discuss
the repeated public consultation; proceed by analogy with §
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 6, § 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 special laws, předpisů4), where applicable, 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) the conclusions of the report) arising from the documentation of the effects,
(c) the opinion of the competent authority) for the environmental assessment of the proposal of the regulatory
plan on the environment
(d)), as was the opinion of the communication referred to in subparagraph (c)) taken into account, specifying
for serious reasons, if some of the requirements or conditions taken into account
they were not,
(e) a comprehensive justification for the adopted solution). ".
113. In section 69, paragraph. 2 with the number "1" is replaced by the number "4".
114. section 71 including title:
"§ 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 7 and, mutatis mutandis, in accordance with section 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. ".
115. section 72 to 75, including headings and footnotes No 26 to 31
shall be deleted.
116. In section 76, paragraph. 1 the words "and their impact on the use of the territory" shall be replaced by
the words "the impact of their use on the territory".
117. In section 77, paragraph. 1 (c)):
"(c) the influence of the change of use of the building) to the territory".
118. Article 77, paragraph 2 shall be deleted and shall be deleted at the same time indication
of paragraph 1.
119. section 78:
"§ 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 notice. ".
120. under section 78, the following new section 78a, including title:
"§ 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 implementing legislation. ".
121. In § 79 paragraph 2 to 5, including the footnote No. 59:
"(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 communications with the public or prostranstvím1),
(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 technical leadership Exchange) infrastruktury59), if you do 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 heritage zóny32).
(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.
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. ".
122. Under section 79, the following paragraph 6 is added:
"(6) a decision on the location of the building nor the territorial agreement do not require
construction and maintenance work. ".
123. In section 80 (2). 2 (c)):
"(c)), handling sales, stabling, storage or exhibition areas".
124. In section 80 (2). 2 (a). e), the words "of more than 300 m2 area"
shall be deleted.
125. In § 80 paragraph 3 reads:
"(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 prostranstvím1), 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. ".
126. In section 80, the following paragraph 5 is added:
"(5) the provisions of paragraph 3 shall not apply to projects subject from
environmental effects on the environment and on the intentions of the specially protected
územích12). ".
127. section 81 including title:
"§ 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 prostředí11), or have new demands on
public transport and the technical infrastructure. ".
128. In section 82, paragraph. 2, the words "and the buildings on them" and are deleted at the end of
the text of the paragraph, the words ", or by an authorized person for the purpose of
the application of the right of pre-emption for public utility construction (section 101).
129. In section 82, paragraph. 3 the word "issued" shall be replaced by "does not require",
the word "other" and the words ", where appropriate, it is not reasonable to establish the conditions for the
the subdivision or consolidation of land "shall be deleted.
130. In section 82 is added at the end of paragraph 3, the phrase "if it is not to be
specify the conditions for land consolidation, subdivision or construction Office
confirm this fact, which at the same time approve the proposed
the intention. Communication cannot be issued if the decision making in the territory subject to
territorial studies or regulatory plan. ".
131. In section 85, paragraph. 2 (a). and the words "), unless it is a case referred to in
(d)) "shall be deleted.
132. In section 85, paragraph. 2 at the end of subparagraph (c)), the comma shall be replaced by the dot and
subparagraph (d)) shall be deleted.
133. sections 86 and 87, including headings and footnotes, no 60:
"§ 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
předpisů60), 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
proceedings and other steps in the proceedings shall take the control referred to in section
paragraph 85. 1 and section 85, paragraph. 2 (a). and the institutions concerned) and individually.
(2) in the case of projects evaluated in the detection procedure, or for the
that opinion was issued to an environmental impact assessment on the implementation of the plan
the environment, or intentions in the territory in which it was not
issued by a territorial plan, directs the construction authority to discuss the application of the public
the oral proceedings. The notification of the initiation of the territorial management and
other operations in the management of paragraph 1 shall apply mutatis mutandis; the venue of the public
oral proceedings shall be notified to the public by public decree, which must
be posted at least 30 days in advance. After this time must the building Office
allow each to look into documents for the issuance of the decision. The applicant
ensure that information about his intention and that he handed the extradition request
Zoning decision was immediately after it was notified of the initiation
territorial management and ordered public oral proceedings, posted on the site
specified in the notification, the Building Authority and to the public
the oral proceedings. The information includes data about the applicant, on the subject of
territorial management and about the public hearing. Part of the information is
graphical representation of the intention or another medium, from which you can infer
on the architectural and urban form of intent and its effect on the
around. If the applicant fails to comply with that obligation, the Building Authority orders
repeated public oral proceedings, if the violation of this obligation
the applicant for the shortening of the territorial rights of the participants in the proceedings. In
If proven otherwise, it shall be deemed that the obligation on the applicant
fly information.
(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.
for example, 60) Law No 289/1995 Coll., on forests and on the amendment and supplement
Some laws (forest law), as amended. ".
134. At the end of the text of section 88, the words ", if the intention of touching
public transport and technical infrastructure owned by the municipality, or
the contract with the relevant owners of public transport and the technical
infrastructure, and provides a reasonable period to do so. If the applicant
do not submit the required contract within the prescribed period, the Office building of territorial
control stops. ".
135. In the heading of section 89 reads: "Binding opinions, objections and comments".
136. In § 89 paragraph 1 reads:
"(1) the mandatory opinion of the authorities concerned, which may apply under section
4 (4). 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. ".
137. In section 89, paragraph. 3 the words "do not meet the specified requirements" shall be replaced by
the words "go beyond the scope provided for in paragraph 4".
138. In section 89, paragraph. 4, the words "(a). and), b) and (d)) "shall be replaced by the words" (a).
and (b))) "and the word" If "shall be replaced by the words" only to the extent
What ".
139. In § 89 at the end of paragraph 4, the following sentence "to the opposition, which
do not comply with the above requirements shall be disregarded. ".
140. In section 89, paragraph 4, the following paragraph 5 is added:
"(5) the conditions for the application of the objections referred to in paragraphs 1 to 4 shall
be parties to the proceedings advised in the notice of initiation of the proceedings. ".
The present paragraph 5 shall become paragraph 6.
141. In § 89 paragraph 6 is added:
"(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. ".
142. section 91 including title:
"§ 91
Assessment of the effects on the environment in land-use management
(1) the territorial control can be associated with the selected procedures for environmental impact assessment
on the environment, according to a special legal předpisu11) for projects
and) referred to in annex No. 1 category II of the law on environmental impact assessment
the prostředí11),
(b)) for which the competent authority is the regional office and
(c)) for which the investigation took place under section 7 of the Act on the assessment of
the effects on the prostředí11), if the competent authority at the end of
the fact-finding procedure did not rule out a connection to these procedures.
(2) Connection with the selected planning procedures for environmental impact assessment
the environment is excluded in the case of projects requiring environmental impact assessment
on the environment in excess of the Czech Republic. When the connection
territorial control with selected procedures for environmental impact assessment
the environment cannot lead the United territorial and building management.
(3) the building authority responsible for land control associated with the selected
the procedures for the assessment of the effects on the environment is the municipal office municipality with
extended powers.
(4) the applicant, the application for the issue of land-use decisions in addition to joins
requirements referred to in section 86, paragraph. 2 also the documentation of the effects of project on the
in accordance with the Act on environmental impact assessment prostředí11).
The application and documentation for her link serving also in electronic
the form. The Building Authority may, in justified cases, in particular from the
the technical and economic reasons, to refrain from the electronic form
map, image or graphic attachment documentation. The opinion of the
environmental effects of the project on the environment in these cases does not handle
and be retained. The competent Office shall, in justified cases, in particular in the
doubts about the accuracy of the information provided in the documentation,
professional assessment, which is not authorized by a specific legal
the code and which are not published and not pending. Processor expert
assessment processes only to the extent and with the formalities required
by the competent authority.
(5) the Building Authority shall, without delay after the submission of the application shall be sent to the competent authority
documentation of the effects of the project on the environment and assess the completeness of the application
and the simplest documentation. In the event that it finds that the application does not have
prescribed particulars or the competent authority on the basis of the received
supporting documents, that the documentation of the effects on the environment is not
full or does not meet the requirements of the conclusions of the fact-finding procedure, construction
the Office of proceedings and shall invite the applicant to complete the application. Resolution on the
interruption of proceedings is delivered only to the applicant.
(6) if the request complies with the zoning decision on the issue, including documentation
applications for issue of planning and documentation of the effects of the project on
the environment, the requirements of the legislation and the conclusion of the fact-finding
proceedings, when notice of the initiation of the construction Office of the territorial management shall publish a
extradition request and the attached documentation of the zoning decision in the manner
enabling remote access; publication of the documentation of the effects of the project on
the environment on the Internet, the competent authority shall ensure, in accordance with the Special
legal regulation. For processing an application for the issue of land-use decisions and
the attached documentation, ordering the building Office of public hearings
pursuant to section 87, paragraph. 2. the applicant is obliged to ensure the fulfilment of the requirements referred to in
section 87, paragraph. 2. Notice of initiation of the territorial control and regulation of the public
the oral proceedings and other steps in the proceedings, the proceedings shall take the
referred to in section 85, paragraph. 1 and section 85, paragraph. 2 (a). and, the authorities concerned),
including the concerned territorial self-governing units, the competent authority
Specifies the detection, control and management of the participants referred to in
paragraph 7 and section 85, paragraph. 2 (a). (b)), and (c)) a public decree.
(7) the participants of the territorial management, in which the effects of the project are assessed
on the environment, are in addition to the persons referred to in section 85, paragraph. 1 and 2
civic associations or generally beneficial companies, whose a subject
is the protection of the environment, public health or cultural
monuments.
(8) the application of binding opinions, objections and comments in
territorial management progresses, mutatis mutandis, in accordance with section 89. Each may at the latest when
public hearing to comment on the documentation of the effects of the intent of the
on the environment. The results of the examination of the documentation of the effects of project on
the environment passes the Authority building immediately after the
to the competent authority.
(9) the competent authority no later than 30 days after the transmission of the results of the consultation and
the comments and opinions to the documentation of the effects of the project on the environment
applied at a public hearing shall issue an opinion on the assessment of the
effects of the implementation of the project on the environment (hereinafter referred to as "the opinion of the
the competent authority ") and forwards them to the building Office. Unless the competent
the opinion of the Office within the time limit, the Office shall invite him to his building
the release of the additional period, which shall not be less than 15 days. If
the competent authority shall not issue an opinion or in the additional time limit, it shall be deemed that the
with the intention of building the Authority agrees, and the assessment of the plan under section 90
taking into account the environmental impact documentation project on the environment and the
one made comments and opinions.
(10) the Building Authority shall forward the opinion of the competent authority in
paragraph 6 and at the same time and in a manner enabling remote access and allow
the parties to proceedings, to be able to express themselves in the background for the decision
set a time limit which shall be not less than 5 days.
(11) the Building Authority in considering applications for the issue of a territorial decision
under section 90 shall take into account the content of the opinion of the competent authority. In
conditions of the zoning decision will ensure the Building Authority compliance with the requirements
arising from the opinion of the competent authority, otherwise, shall
reasons for not doing so, or only partially done. The territorial
the decision is delivered to the referred to in paragraph 6. ".
143. In paragraph 92. 1 the second sentence reads: "in the decision of the Building Authority shall lay down the
the period of validity of the decision, if it is to be longer than provided for in this law, and
in the justification always evaluates public comments. "and in the fourth sentence,
the number "2" is replaced by the number "6".
144. Article 92 paragraphs 3 and 4 are added:
"(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 to permit construction. ".
145. Article 93 paragraph 1 reads:
"(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. ".
146. In paragraph 93. 2 the words "amendment" is replaced by "change
the impact of the use of the construction works on the territory ".
147. In paragraph 93. 3, after the words "extension of time", the words
"the validity of the decision" and the word "delivery" shall be inserted after the words
"notice of initiation".
148. Article 93, paragraph 4 reads:
"(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 became effective. ".
149. In section 94 at the end of paragraph 1, the following sentence "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. ".
150. In section 94, paragraph. 5, the words "the legal power of the building permit or
the building consent authority (section 106 (1)) "shall be replaced by the words
"construction".
151. under section 94, the following new section 94a which including title:
"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
proceedings and other steps in the proceedings shall take the control referred to in section
paragraph 85. 1 and section 85, paragraph. 2 (a). and § 109) and in the second subparagraph. 1 (a). and (d))) up to and
the authorities concerned individually.
(3) in the case of projects evaluated in the detection procedure, or for the
that opinion was issued to an environmental impact assessment on the implementation of the plan
the environment, or intentions in the territory in which it was not
issued by a territorial plan, directs the construction authority to discuss the application of the public
the oral negotiations and proceed under section 87, paragraph. 2. For the application of the binding
the opinions of the institutions concerned, the opposition participants in joint management and
public comments shall apply, mutatis mutandis, to section 89 and 114.
(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
proceedings shall take the joint decision referred to in section 85, paragraph. 1
and 2 (d). and § 109) and in the second subparagraph. 1 (a). and (d))) and the authorities concerned
individually and the participants in the proceedings referred to in section 85, paragraph. 2 (a). (b)), and (c)) and
in § 109 paragraph. 1 (a). e) to (g)), a public decree; in the other
cases, is delivered to the authorities concerned and the Parties individually.
(7) the content requirements for the issuing of a joint decision, its
the annexes, common documentation and content requirements of the common
the decision lays down implementing legislation. ".
152. section 95 and 96, including the following titles:
"§ 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 prostředí11).
(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 prostranstvím1), if there is no
waste management,
(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 document on the right to perform construction or measures to land
or buildings, 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; or consent under 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
legislation. ".
153. under section 96, the following new section 96a, which including the title:
"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. ".
154. In § 97 paragraph. 1 the words "approved her entry" shall be replaced by the words
"the decision on the acquisition of or the acquisition of its changes".
155. In § 97 paragraph. 1, the first sentence shall be inserted after the phrase "Territorial measures
building uzávěře may be issued also in the cases, when it is repealed or
decision on objections or repealed measures of a general nature about
the issue of territorial planning documentation, or part of it. ".
156. In § 99 paragraph. 1 at the end of the text of the first sentence, the words ",
where appropriate, the conditions for the authorisation of exemptions ".
157. In the third part of title III, section 7, including the title and footnotes
No 37, 38, 61 to 63:
"Part 7
The adjustment of relations in the territory of the
§ 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
the competent authority for the cadastral record of pre-emption in the land
real estate and the Office of the Government representation in property Affairs.
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 price, according to a special legal předpisu62) with
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.
§ 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.
§ 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.
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. ".
158. section 103 to 108, including headings and footnotes 40 and 64:
"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 prostředí11) 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
elektřiny61) including the supporting points and measuring systems, protective, control,
security, information and telecommunications technology, with the exception of the buildings;
6. the management of the transmission or distribution system plynu59) and related
technological objects, including systems management, security, information
and telecommunications techniques, with the exception of the buildings;
7. distribution of thermal energie59) 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 an environmental impact assessment prostředí11).
(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.
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 right to
to perform a contract-based construction project or the right to adequate
factual proof to the land or the building, which is to be the intention of the
effected; the following documents are attached, if you cannot verify these rights in
the land registry 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
předpisem4), 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 předpis64)
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
předpis64).
(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) to e) lays down 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
(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.
40) for example, Decree No. 104/1997 Coll., implementing the law on the
the road, in the wording of later regulations.
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). ".
159. the Above section 109, the title shall be deleted.
160. In § 109 paragraph. 1, after the word "is" is inserted after the word "only".
161. In § 109 paragraph. 1 (a). (b)), the words "or maintenance work" and the words
"it's not about the case referred to in point (g))," be deleted.
162. In § 109 paragraph. 1 at the end of the text of subparagraph (c)), the words ",
may be its title to the land through the implementation of the building directly
prejudice ".
163. In § 109 paragraph. 1 (a). (d)), e) and (f)), the words "proposed construction"
replaced by the words "the implementation of the construction".
164. In § 109 paragraph. 1 the letter g) is added:
"(g)) the person, on which special legal regulations so provide, 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. ".
165. Article 109, paragraph 2 shall be deleted and shall be deleted at the same time indication
of paragraph 1.
166. In paragraph 110. 1, the words "in addition to the General requirements of the basic
information about the required intent and identifying information about the land and
construction sites "shall be replaced by the words" stavebníkovi, the identification data of the
land, basic information about the project, its scope and purpose,
method and time of implementation, the information about who will carry out the construction project,
and representation of the owner of the neighboring property, if needed, to allow
the implementation of the construction plan of your property; the temporary building also
duration and design adjustments to land after its removal ".
167. In paragraph 110. 2 (a). and the words "building) Office cannot exist
validate that law in the real estate cadastre; "shall be replaced by the words" cannot be
verify this right in the land register remote access, and "Word
"connect" is deleted and the text at the end of subparagraph (a)), the following words
"(hereinafter referred to as" the law ")".
168. Article 110, paragraph. 2 at the end of the text of the letter b), the words
processed the designer that contains the accompanying report, summary
technical report, the situation of the building, part of the book, principles of organization
the construction and documentation of objects ".
169. In paragraph 110. 2 at the end of the text of subparagraph (c)), the words "and
Alternatively, check the reliability of the structure plan of the construction of the
the point of view of their future use of the prepared by an independent expert on
the costs of the Commissioner ".
170. In paragraph 110. 2 (a). (d)), the words "opinions or other evidence
required by the specific laws, předpisy4), if the client is assigned by the
in advance "are replaced by the words" the decision of the authorities concerned or other evidence
required by the specific laws předpisy4) ".
171. In paragraph 110. at the end of paragraph 2 is replaced by a comma and dot
the following point (e)), which read: "(e)) the opinions of the owners of the public
transport and technical infrastructure to the options, and how the connection or
to the conditions of protection and the safety zones. "
172. In section 110 is at the end of the text of paragraph 4, the words "shall be added; resolution on the
termination of the proceeding shall be served only stavebníkovi ".
173. In section 110, the following paragraph 7 is added:
"(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
the influence of intent concerned. ".
174. In § 111 paragraph. 1 (a). and) the words "in accordance with the planning
documentation ", the words", was issued in the case of the territorial
the decision or not, where appropriate, the territorial measures issued territorial
the consent of "and the words" with the terms of the territorial or spatial decision
consent "shall be replaced by the words" planning or public
the Treaty, replacing the planning decision or the territorial agreement,
where appropriate, the regulatory plan, which replaces territorial
the decision, and in the case of building the underlying change in the use of
the construction of its consistency with the territorial planning documentation ".
175. In § 111 paragraph. 1 (a). (b)), the words ", was prepared by an authorized
osobou14) "are deleted.
176. In § 111 paragraph 3 reads:
"(3) if the request does not contain the required elements, the construction authority
ask the Builder to its completion and the proceedings; resolution on the
interruption of service is only stavebníkovi. ".
177. In section 112 at the end of paragraph 1, the following sentence "in the case of procedure with
a large number of participants in the notice of initiation of the proceedings and in other
the operations management of the appellants under section 109 (a). e) and (f)) identifies the
the designation of land and buildings registered in the land register directly
the influence of intent concerned. ".
178. In section 112, the following paragraph 3 is added:
"(3) in the simple things, especially if you can decide on the basis of the
the 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. ".
179. In section 114 is at the end of paragraph 1, the following sentence "the appellant in
their objections shall state the facts which constitute its status as
party to the proceedings, and the reasons for the objection; to the objection that exceed the
the range referred to in the first sentence, shall be disregarded. ".
180. In section 114, paragraph. 3 the first sentence reads: "the objection, of which there was no agreement
between the parties to the proceedings, the Building Authority shall assess, on the basis of the General
requirements for the construction, binding opinions, where appropriate, the decision
the institutions concerned or technical standards, if such claim
does not exceed its scope. "
181. In section 114, the following paragraph 4 is added:
"(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 of the proceedings. ".
182. In paragraph 115. 1 the first sentence, the words ", and decides about the objections
the participants of the proceedings ' shall be deleted.
183. In section 115 is at the end of paragraph 4, the following sentence "the building permit
shall expire whether or not the date when the construction authority receives a notification
the Commissioner about that since the implementation of its intention of departing; This does not apply,
If the construction has already started. "
184. section 116 including title:
"§ 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.
(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
legislation. ".
185. § 117 including title:
"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 of which the construction Authority decided in
land use decisions in the cases of significant effects on the environment
or effects on other land and buildings with a common border with the building
grounds. The contract is an authorised inspector shall notify the
the building of the Office, 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 implementing legislation. ".
186. § 118 including title:
"§ 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.
(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,
amendment. ".
187. In section 119 of the first sentence, the words ", if you require a building permit
or the announcement of the building of the Office according to § 104 paragraph. 2 (a). and) to e), and (n))
or if it was carried out on the basis of a public service contract (section 116)
or a certificate issued by an authorized inspector (§ 117) and was
made in accordance with it, "shall be replaced by" referred to in section 103, paragraph. 1
(a). (e)), paragraphs 4 to 8, or building, or part of a building capable of
separate use, if you require building permits or notification
building Office according to § 104 paragraph. 1 (a). and (d))) up to), or construction
reported by special legal or předpisu65) was carried out
on the basis of a public service contract under section 116 or certificate
an authorized officer under section 117, it was finished by
recurrence of the building permit or additional authorization of the construction according to the
section 129 "and in the last sentence, after the words" test "shall be evaluated
the word "and".
Footnote No. 65:
' 65) section 15a of Act No. 254/2001 Coll. on waters and on amendment to certain laws
(the Water Act), as amended. ".
188. In section 119, the existing text shall become paragraph 1 and the following
paragraphs 2 and 3 shall be added:
"(2) the Building Authority for marketing the building to use examines whether 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 project documentation processed. ".
189. In § 120 paragraph. 1, the first sentence shall be inserted after the phrase "in the notification of the client
indication of the construction, information about the location and construction,
expected date of completion of the construction and launch of its use. "
the last sentence, the words "can be started" comma deleted and inserted
the words "the following day after the inspection tour of the construction, in which
the construction authority to verify compliance with the conditions of the Protocol shall be recorded pursuant to section
paragraph 119. 2, or ".
190. In § 120 paragraph. 2 the words "the protection of life and health of people or animals
or the environment necessary for its use, that the construction threatens the
safety or do not comply with the General requirements for the construction, including the
ensure the barrier-free use of the buildings, if the law
required "be replaced by" pursuant to section 119 paragraph. 2. "
191. In § 120 paragraph 4, the following paragraph 5 is added:
"(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 her signature. ".
The present paragraph 5 shall become paragraph 6.
192. In § 121 paragraph. 1 the second sentence, after the words "shall submit the dossier"
the words "geodetic" and the word "always" is deleted.
193. In § 121 paragraph. 1, the last sentence is replaced by the phrases "If construction
the subject of the registration in the land registry), or its nemovitostí22 construction
occurs to the property Division, showing the client also geometric plan.
If the building is located on the territory of the municipality, which leads the technical map of the village
and for the purposes of its leadership has released a generally binding vyhlášku66), the client
also showing proof, that have been reported to the competent municipal authority
and documented the changes concerning the content of the technical map of municipality. ".
Footnote No. 66:
"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. ".
194. In section 122 at the end of paragraph 2 the following sentence "the final inspection
tour of the building must be carried out within 60 days from the date of delivery of the request for
the issue of occupancy. "
195. Article 122 paragraph 3 reads:
"(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. ".
196. In paragraph 122. 4, the words "binding the opinions referred to in paragraph
1 "shall be replaced by the words" with the terms of section 119 paragraph. 2. "
197. In paragraph 122. 6, after the words "occupancy," shall be inserted after
the words "the content and structure of the certificate".
198. In paragraph 123. 2, after the word "shall", the words "binding
opinions, where appropriate, the opinion of the concerned authorities and ".
199. Article 124, paragraph 1 reads:
"(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. ".
200. In paragraph 125. 4 at the end of the text of the first sentence, the words ",
with the exception of construction in the scope of the military or another Office building ".
201. In paragraph 126. 1, the words "in the announcement of the construction, in the public
the Treaty, in the certificate of an authorized officer, in the construction
authorisation, "shall be deleted.
202. In section 126 at the end of paragraph 1, the following sentence "does not require-
acceptance pursuant to section 119 paragraph. 1, it can be used only for the purposes defined in the
construction. ".
203. In paragraph 126. 2 the first sentence, the words "is permissible only on the basis of the
written consent of the Building Authority "shall be replaced by the words" or change the time
the duration of the temporary structures, is permissible only on the basis of consent, or
to enable Office building "and the second sentence shall be replaced by the phrase" the provisions of the
section 81 does not prejudice. ".
204. In paragraph 126. 3, the words "with the intentions of territorial planning" are replaced by
the words "with the planning documentation, with the objectives and tasks of the territorial
planning, with the General requirements on construction ".
205. Article 126, paragraph 4 reads:
"(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 stating the purpose of the new use. ".
206. section 127 to 129, including the following titles:
"§ 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
specific legal předpisy4).
(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 according to special legal předpisu14).
The obligation of the owner of the building, you want to set specific legal
předpisy4), 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 heritage zóny32), 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
předpisu32)
(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. "
207. In § 133 paragraph. 2 (b)):
"(b)) that the project is carried out by certified documentation, or a certified
project documentation, in accordance with section 160, and is properly maintained
construction or a simple record of construction ".
208. In § 133 paragraph. 2 (a). (d)), the words "and whether the building is maintained daily
or a simple record of the construction of "shall be replaced by" and ".
209. In paragraph 134. 4, the first sentence shall be replaced by the phrase "If the construction
implemented or being deleted without a decision or action required
zoning laws or interfere with it, invite the Authority building by
the case of the Builder or the owner of the building to the immediate cessation of
work and shall initiate the procedure referred to in section 129. ".
210. In § 139 paragraph. 1 the words "and the owner of the rest of the challenges
Building Authority to carry out maintenance work, the construction authority to him
orders "are replaced by the words", the owner of the building office buildings
to order ".
211. In paragraph 149. 1 (a). and), after the words "proposed construction"
the words "or change the construction before its completion (§ 118)".
212. In paragraph 149. 1 (a). (b)), for the words "certificate of occupancy"
the words "(§ 122)" and the words ", or for other purposes under this
the Act "shall be deleted.
213. In the fourth in the title of title IV, the words "and the IMPLEMENTATION of the CONSTRUCTION"
replaced by the words "the implementation and USE of BUILDINGS".
214. In § 152 paragraph. 1, the second sentence shall be inserted after the phrase "is obliged to
ensure the implementation and the evaluation of the tests and measurements of the prescribed
special legislation. ".
215. In section 152 at the end of paragraph 3 shall be replaced by a comma and the following dot
(f)), which read:
"(f) notify the Building Authority in advance) the initiation of the test service.".
216. In § 152 paragraph. 4 second sentence reads: "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. ".
217. section 155:
"§ 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. ".
218. In § 157 paragraph. 1, the words "paragraph. 2 (a). f) to (j)) and n), and (b). (l)),
m), o) and (p)) "shall be replaced by the words ' paragraph 4 '. 1 (a). e) to) ".
219. In section 158, paragraph. 1 the second sentence, after the words "planning"
the words "and for the conclusion of a public contract replacing the territorial
the decision "and the words" for the issuance of a building permit, for seed
construction according to § 104 paragraph. 2 (a). and (d))), for the implementation of the construction and for
the necessary adjustments "shall be replaced by the words" in accordance with paragraph 2. "
220. In section 158 paragraph 2 is added:
"(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 law. ".
221. In section 159, paragraph. 2 at the end of the text of the second sentence, the words "and
to act in liaison with the competent authorities concerned ".
222. In section 159, paragraph. 3, the words "paragraph. 2 (a). (e) to (i))) and (n)) "shall be replaced by
the words "paragraph. 1 (a). (f)) to (i)) and to) ".
223. In paragraph 161. 1 the second sentence, after the words "territorial analysis
handouts, ", the words" or "study.
224. In section 161, the following shall be added at the end of paragraph 1, the phrase "information can be
made available 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. "
225. In § 165 paragraph 1 the following paragraph 2 is added:
"(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. ".
Paragraph 2 becomes paragraph 3.
226. In § 166 paragraph. 1 the second sentence, after the word "documents" shall be replaced
"with the exception of the data on the territory".
227. In section 166 of the text at the end of paragraph 2, the words ", by analogy with
exposes information about the technical infrastructure and its owner
contained in the particulars of the territory, granted under section 27 ".
228. In section 169, paragraph. 3 the second sentence, the words "for territorial proceedings" shall be replaced by
the words "in determining the requirements for defining the land and placement
buildings on them "and the last sentence shall be deleted.
229. In paragraph 170. 2, after the words "Right to land", the words "or
the construction ".
230. Article 172, paragraph. 4 the second sentence, the words "the official stamp" be replaced by
the words "'s official stamp" in the third sentence, the words "referred to in section
paragraph 134. 2 "shall be replaced by the words" by reason of their expertise, "and for the
the third sentence shall be inserted after the fourth sentence "the owner is obliged to provide for the purposes of
referred to in paragraph 1 the execution of the necessary tests and measurements using
the necessary technical devices or resources. ".
231. § 178 to 181:
"§ 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
According to a special legal předpisu14), or
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 paragraph 5. ".
232. In section 182 paragraph. 4 at the end of the text of the first sentence, the words "shall be added;
administrative offence under section 181, paragraph. 4 (b). (b)) in the first instance hearing
the construction authority competent under section 13 (3). 1 (a). (c)) of the Act ".
233. In paragraph 188. 1 and section 188a, paragraph. 1 the number of the "2015" is replaced by
"2020".
234. In section 192, the existing text shall become paragraph 1 and the following
paragraph 2, which reads as follows:
"(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. ".
235. section 193:
"§ 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. 5, §
64 paragraph. 7, section 66 paragraph. 6, § 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. ".
236. Section 194 of the text at the end of subparagraph (b)), the words "and the technical
requirements for the construction for the performance of the functions of the forest ".
237. In section 194 (a). (d)), the words "of the uranium industry and construction
nuclear facilities "shall be replaced by the words" for the purposes of mining, processing,
transport and storage of radioactive materials on the territories reserved for the
these purposes and for construction related to the storage of radioactive waste
containing natural radionuclides and for buildings belonging to the operational
strengthen nuclear is part of zařízení10) and for the purposes of
transport and storage of crude oil ".
238. Section 194 (a). e), the words "General technical requirements for construction"
replaced by the words "General requirements for the use of the territory and the technical
requirements on construction ".
239. In section 194 at the end of paragraph (e) shall be replaced by a comma and dot) added
the letter f) and (g)) are added:
"(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. ".
240. section 195, including footnote No. 67:
"§ 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 činnosti67)) or other document proving the quality of the
the work,
(d)) copy of the certificate of special professional competence for administrative activities
territorial planning.
67) Act No. 262/2006 SB., labour code, as amended
regulations. ".
241. In the annex shall be added to point 1, which reads as follows: "1. A brief summary of
the contents and the main objectives of policy development or planning
documentation, relation to other concepts. ".
Items 1 to 10 shall be renumbered as paragraphs 2 to 11.
242. In annex V, point 6, after the word "population", the words
"human health" and after the word "land" shall be inserted after the words "rock
the environment ".
243. In the annex, the following new item 10 item 11, which reads as follows:
"11. Proposal requirements on decision making in defined areas and corridors
in terms of minimizing adverse effects on the environment. ".
Point 11 is renumbered as item 12.
Article. (II)
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. (III)
For the publication of the full text of the Act
The Prime Minister is hereby empowered to make in the collection of laws, promulgated the full text
Act No. 183/2006 Coll. on territorial planning and building regulations (building
the law), as is apparent from later laws.
PART THE SECOND
Amendment of the Act on fire protection
Article. (IV)
Act No. 133/1985 Coll., on fire protection, as amended by Act No. 425/1990
Coll., Act No. 40/1994 Coll., Act No. 203/1994 Coll., Act No. 163/1998
Coll., Act No. 71/2000 Coll., Act No. 242/2000 Coll., Act No. 320/2002
Coll., Act No. 413/2005 Coll., Act No. 186/2006 Coll., Act No. 267/2006
Coll., Act No. 281/2009 Coll., Act No. 341/2011 Coll. and Act No.
350/2011 Coll., is hereby amended as follows:
1. In section 31, paragraph. 1 letter b), including footnotes, No 13:
"(b)) assessment
1. land use and regulatory plan,
2. the supporting documents to the territorial approval and documentation for issuance of zoning
decision relating to buildings or equipment in points 3, 4 and
5,
3. documentation of buildings or equipment referred to in section 103, paragraph. 1 (a). (e))
paragraphs 4 to 9 of the building Act,
4. project documentation of buildings, which requires a declaration under section 104
paragraph. 1 (a). b), c), (d)), g), (j)) and to the building Act, in addition to the) structures
referred to in section 31, paragraph. 3,
5. project documentation of buildings, that requires a building permit,
In addition to the structures referred to in section 31, paragraph. 3, when they were transferred from the scheme
the announcement of the scheme, the building permit,
6. documentation of the change in use of the buildings,
7. documentation of the structures referred to in points 3, 4 and 5, if it is a
documentation to enable changes to the buildings before completing, the regulation
the necessary adaptations, to the regulation of security work, to enable exceptions;
the assessment shall be carried out in the scope of the fire safety solutions
special legal předpisu13) or the like, in the scope of the document
that is sufficient to assess the fire safety of the building, and it
only for buildings, which is practiced by State Fire supervision.
13) 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). ".
2. In section 31, paragraph 3 reads:
"(3) the State Fire supervision pursuant to paragraph 1 (b). (b)), and (c)), does not
and for buildings or equipment) that a building permit nor report
under section 103 of the Act, with the exception of the construction of buildings or facilities
referred to in section 103, paragraph. 1 (a). (e)), paragraphs 4 to 9 of the building Act,
(b) in the case of buildings requiring notification) pursuant to § 104 paragraph. 1 (a). and (d)))
I) Building Act, with the exception of construction site facilities according to § 104
paragraph. 1 (a). (g)), the building Act, having the character of buildings for
housing and accommodation or administrative buildings collected for
more than 50 persons, and buildings according to § 104 paragraph. 1 (a). d) building
the law, if they are used for production, storage and handling
flammable liquids and flammable gases or combustion supporting
(c)) for maintenance work, construction work, the necessary adjustments,
Security works and exceptions for the buildings listed in (a)), and
b).“.
3. In section 31, paragraph. 4, the words "an opinion, which is the basis for further
proceedings under special legislation "shall be replaced by the words" binding
opinion or the opinion required by the specific legislation ".
4. footnote no 3d:
"3d) § 4 of law No. 183/2006 Coll. on territorial planning and building regulations
(the building Act), as amended. ".
PART THE THIRD
Amendment Act
Article. In
Act No. 44/1988 Coll., on the protection and use of the mineral wealth (the top
Act), as amended by Act No. 541/1991 Coll., Act No. 10/1993 Coll., Act
No 168/1993 Coll., Act No. 132/2000 Coll., Act No. 258/2000 Coll., Act
No 366/2000 Coll., Act No. 311/2001 Coll., Act No. 61/2002 Coll., Act
No. 320/2002 Coll., Act No. 150/2003 Coll., Act No. 3/2005 Coll., Act
No 386/2005 Coll., Act No. 186/2006 Coll., Act No. 313/2006 Coll., Act
No 296/2007 Coll., Act No. 157/2009 Coll., Act No. 227/2009 Coll., Act
No 281/2009 Coll. and Act No. 85/2012 Coll., is hereby amended as follows:
1. In section 23, paragraph. 4, the first sentence shall be replaced by the phrase "in the mining area
the district mining Office Decides also about the location and enabling structures that
they serve otvírce, preparation and extraction, as well as exclusive bearings
preparation and refining of minerals carried out in connection with their
exploitation, and stores of explosives, with the exception of buildings belonging to the
the scope of the Ministry of industry and obchodu26) and the construction of water works ".
Footnote No. 26:
"section 16, paragraph 26). 2 (a). (d)) of the law No. 183/2006 Coll., on planning
and the building code (the building Act), as amended by law no 350/2012 Sb. ".
2. the following shall be added to § 23 paragraph 7 and 8 are added:
"(7) the workings and structures referred to in paragraphs 3 and 4, as well as the construction of
warehouses of explosives, are not eligible for assessment by an authorized
by the Inspector.
(8) the Building Authority on a proposal from the Organization shall establish a protection zone
the main feature of the dismantled mines to the surface. ".
3. In section 27. 1, the words "the State administration, in particular, in agreement with the authorities of the
the environment and with the authority of the territorial planning and building Office "
shall be deleted.
4. In section 27. 6, after the words "the decision" following the word "change".
5. Footnote 6 is added:
"6) section 80 of the Act No. 183/2006 Coll. on territorial planning and building regulations
(the building Act), as amended by law no 350/2012 Sb. ".
6. In section 28 paragraph. 2, after the words "directly affected" following the word "and" and the words
"and the municipality whose territorial districts can be by setting the total
space without prejudice to ' shall be deleted.
PART THE FOURTH
Amendment of the Act on nature and landscape protection
Article. (VI)
Act No. 114/1992 Coll., on nature and landscape protection, as amended by Act No.
347/1992 Coll., Act No. 289/1995 Coll., the finding of the Constitutional Court
declared under the No. 3/1997 Coll., Act No. 16/1997 Coll., Act No.
123/1998 Coll., Act No. 161/1999 Coll., Act No. 238/1999 Coll., Act No.
132/2000 Coll., the Act No. 76/2002 Coll., Act No. 320/2002 Coll., Act No.
100/2004 Coll., the Act No. 168/2004 Coll., Act No. 218/2004 Coll., Act No.
387/2005 Coll., Act No. 444/2005 Coll., Act No. 186/2006 Coll., Act No.
222/2006 Coll., Act No. 267/2006 Coll., Act No. 124/2008 Coll., Act No.
167/2008 Coll., Act No 312/2008 Coll., Act No. 223/2009 Coll., Act No.
227/2009 Coll., Act No. 281/2009 Coll., Act No. 291/2009 Coll., Act No.
349/2009 Coll. and Act No. 381/2009 Coll., is hereby amended as follows:
1. In section 5 (3). 1, the last sentence shall be replaced by the phrase "In violation of these
the conditions of nature protection authority is entitled to limit the disruptive activity
determination of binding conditions. ".
2. In article 44, paragraph 2 reads:
"(2) a binding opinion referred to in paragraph 1 shall not be issued if the construction
and in a built-up area of the village) in the fourth zone of the protected area
(b)) in a built-up area of the city, which is located on the territory of the protected
landscape area. ".
3. In the section at the end of paragraph 45i 1 added the sentence "in the case of policy
territorial development and territorial planning documentation is submitted report on
its application or its award. ".
4. In section paragraph 45i. 2 the last sentence shall be replaced by the phrase "the politics of land use
development and territorial planning documentation shall be assessed in accordance with the Special
legal předpisu17). ".
5. In section 66, the present text shall become paragraph 1 and the following
paragraph 2, which reads as follows:
"(2) the provisions of paragraph 1 shall not apply in the case of already issued
a valid final judgment. ".
Article. (VII)
The transitional provisions of the
In cases, when it was under the previous legislation, the need
the opinion was not binding and the management on the date of effectiveness of this law
completed, binding opinion and proceedings shall be completed according to the
of this law. The administrative authority shall record this fact in the file and
It shall notify the applicant.
PART THE FIFTH
Amendment of the Act on tax on real estate
Article. (VIII)
Act No. 338/1992 Coll., on real estate tax, as amended by Act No.
315/1993 Coll., Act No. 242/1994 Coll., Act No. 248/1995 Coll., Act No.
65/2000 Coll., Act No. 492/2000 Coll., Act No. 239/2001 Coll., Act No.
483/2001 Coll., Act No. 576/2002 Coll., Act No. 235/2004 Coll., Act No.
669/2004 Coll., Act No. 179/2005 Coll., Act No. 217/2005 Coll., Act No.
342/2005 Coll., Act No. 545/2005 Coll., Act No. 112/2006 Coll., Act No.
186/2006 Coll., the Act No. 261/2007 Coll., Act No. 296/2007 Coll., Act No.
1/2009 Coll., Act No. 281/2009 Coll., Act No. 362/2009 Coll., Act No.
199/2010 Coll., Act No. 30/2011 Coll., Act No. 212/2011 Coll., Act No.
375/2011 Coll. and Act No. 457/2011 Coll., is hereby amended as follows:
1. In section 6 is at the end of the text of paragraph 3, the words "or of the assessment
authorized by an inspector pursuant to section 117 of the construction law will invalidate the effects of
or terminate the effects of public contracts ".
2. In article 7 (2). 1, point (b)) the following new point (c)), which read:
"(c)) of the construction, which do not require building permits or notification, and
used, ".
Former points (c) to (e))) shall become points (d) to (f))).
3. In section 9 (2). 1 (a). about), the word "individual" shall be replaced by
"family".
4. In section 9 (2). 1 the letter p) is added:
"p) construction of cultural památek18c) after the execution of the construction work,
starting from the year following the release of occupancy at
for 8 years ".
5. In section 11 (1). 1 (a). (b)) (a). 4, the word "individual" is replaced by
the word "family".
Article. (IX)
The transitional provisions of the
If you qualify for the tax exemption of the buildings under section 9 (2). 1
(a). p) Act No. 338/1992 Coll., as amended, effective the day of acquisition
the effectiveness of this law, it shall proceed according to the provisions of section 9 (2). 1
(a). p) Act No. 338/1992 Coll., as amended, effective the day of acquisition
the effectiveness of this Act. If in such cases the taxpayer has applied
qualify for the exemption, it is no longer entitled to claim the exemption from
taxes from the buildings under section 9 (2). 1 (a). p) Act No. 338/1992 Coll., on the
the texts of the effective date of the entry into force of this law.
PART SIX
Amendment of the Act on the exercise of the profession of Chartered architects and performance
the profession of Chartered Engineers and technicians engaged in construction
Article. X
Act No 360/1992 Coll., on the exercise of the profession of Chartered architects and
the profession of Chartered Engineers and technicians engaged in construction,
as amended by law No 164/1993 Coll., Act No. 277/1994 Coll., Act No.
224/2003 Coll., Act No. 189/2008 Coll. and Act No. 153//2011 Coll.,
amended as follows:
1. In section 17 (b). (b)) for the word "compiled", the words
"documentation for issuance of zoning and decision."
2. In section 18 (a). and the word) "the establishment", the words
"documentation for issuance of zoning and decision."
3. In section 19 letter a) including footnote No 11:
"and to prepare documentation for the issue) zoning decision or
project documentation, if it is for the whole of its business, in other
cases compiled the relevant parts of the documentation for issuance of zoning
decisions and project documentation; in the case of the field of building construction also
produce documentation for issuance of zoning decision for construction
not requiring a building permit or notification, for the issuance of documentation
Zoning decision or project documentation for construction, requiring
the Declaration, with the exception of family houses and buildings for family recreation and
further documentation for issuance of zoning decision or project
documentation for the garage and other buildings immediately
related and contingent upon the bydlení11) on the land for the construction of housing,
11) § 21. 4 of Decree No 501/2006 Coll., on the General requirements for the
the use of the territory. ".
PART SEVEN
The amendment to the law on surveying and amending and supplementing certain laws
related to the introduction of the
Article. XI
In section 20 of Act No. 200/1994 Coll., on surveying and amending and supplementing
Some laws related to its introduction, as amended by Act No.
186/2001 Coll., Act No. 319/2004 Coll., Act No. 189/2008 Coll. and act
No 380/2009 Coll., the following paragraph 3 is added:
"(3) the municipality may, for the purposes of conducting technical maps of the village lay down in General
a binding Decree
and the content of the technical map) beyond the basic content of the technical map
the village,
(b) the obligation of the owner of the building) to report and demonstrate the changes relating to the
the content of the technical map of the municipality,
(c)) the conditions of processing and transmission of the geodetic documentation
the actual construction in fulfilment of the obligations laid down by the
(a) (b)). ".
PART EIGHT
The change of the Atomic Act
Article. XII
In section 6 of 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 by Act No. 83/1998 Coll. and Act No. 13/2002 Sb.
paragraph 4, including the footnote 3a shall be added:
"(4) the person who proposes the location of buildings with residential or pobytovými
místnostmi3a) is required to ensure that the determination of the radon index plot
and the results of the present building Office. The one who reports or requests for
authorisation of construction works, for a change in the use of part of the building,
that will include new residential or residential room, or
announces a change in the use of the construction works, which will include new residential or
residence room is obliged to ensure the level of volume measurement activities
radon and the results of the present building of the authority or an authorized
the Inspector. If such construction is placing or carried out on land with
higher than low radon index, construction must be preventively
protected against penetration of radon from the geological bedrock. The determination of the
Radon index of land may not be carried out in this case, if the
the construction placed on the ground so that all of its peripheral structures will be
from the subsoil separate air layer, which can flow freely
the air. The implementing legislation lays down the procedure for the determination of
Radon index plot.
3A) Decree No. 268/2009 Coll., on technical requirements for construction. ".
PART NINE
Amendment of the Act on the valuation of assets
Article. XIII
Act No. 151/1997 Coll., on the valuation of the assets and on the amendment of certain laws
(law on the valuation of assets), as amended by Act No. 121/2000 Coll., Act No.
237/2004 Coll., Act No. 257/2004 Coll., Act No. 296/2007 Coll. and act
No 188/2011 Coll., is hereby amended as follows:
1. In section 3, paragraph 3. 2 the second sentence, after the words "kolaudačním"
the words "or in the kolaudačním consent" and the words "building
permit "shall be inserted the words" or in a public service contract to replace
building permit or in the Declaration or in the notice of the Commissioner to the building
the Office or the consent of the building authority or certificate
authorized inspector ".
2. In section 4, the following paragraph 3 is added:
"(3) the product which fulfils the function of the building, is valued as other construction.".
3. In section 9 (2). 1 (a). and), point 1, the words "planning"
the words "22), regulatory plánem23), a public Treaty
replacing the territorial rozhodnutí24), or territorial souhlasem25) ".
Footnote No 22 to 25:
"22) section 92 of the Act No. 183/2006 Coll. on territorial planning and building regulations
(the building Act), as amended.
§ 32 Act No. 50/1976 Sb.
23) section 61 of the Act No. 183/2006 Coll., as amended by law no 350/2012 Sb.
24) section 78a of the Act No. 183/2006 Coll., as amended by law no 350/2012 Sb.
25) section 96 of the Act No. 183/2006 Coll., as amended by law no 350/2012 Sb. ".
4. footnote No. 10 shall be deleted.
5. In section 9 (2). 1 (a). and (2) the words of) "-the construction site or other
the area ' shall be deleted.
6. In section 9 (2). 1 (a). (b)), the words ", meadow, and pasture" shall be replaced by
the words "and permanent grass".
7. In section 9 (2). 1 (a). (d)), the words "of the tank and the water flows" are replaced by
the word "area".
8. In section 9 (2). 1 (a). e), the words "such as economically
unusable ones land and barren land, as is the Gorge, bound with rocks,
protective barrier, a swamp, a swamp "shall be replaced by the words" which are not listed in the
(a) to (d)))) ".
Footnote No. 26:
"26) for example, section 10 and 11 of Act No. 50/1976 Coll., on zoning and planning
building code (the building Act), as amended by law No. 262/1992 Coll. and section
43 of Act No. 183/2006 Coll., as amended by law no 350/2012 Sb. ".
PART TEN
Amendment of the Act on the capital city of Prague
Article. XIV
In § 18 paragraph. 1 of law no 131/2000 Coll., on the capital city of Prague, in the text of the
Law No 145/2001 Coll., Act No. 109/2006 Coll., Act No. 186/2006 Sb.
and Act No 227/2009 Coll., the letter h) including footnote No. 6b
added:
"h) permission to act as a party in these proceedings, in which the
issued by territorial decisions or additional authorization of the construction of the territorial
the decision to replace under a special rule of předpisu6b) in the territory of the
urban district.
6B) Law No 183/2006 Coll. on territorial planning and building regulations
(the building Act), as amended. ".
PART ELEVEN
Amendment to the Energy Act
Article. XV
Act No. 458/2000 Coll., on conditions for business and public administration
in the energy sectors and on the amendment of certain laws (energy
Act), as amended by Act No. 151/2002 Coll., Act No. 260/2002 Coll., Act
No. 309/2002 Coll., Act No. 278/2003 Coll., Act No. 356/2003 Coll., Act
No 670/2004 Coll., Act No. 186/2006 Coll., Act No. 342/2006 Coll.
Act No. 296/2007 Coll., Act No. 124/2008 Coll., Act No. 158/2009 Sb.
Law No 223/2009 Coll., Act No. 227/2009 Coll., Act No. 281/2009 Sb.
Act No. 155/2010 Coll., Act No. 211/2011 Coll., Act No. 299/2011 Sb.
Act No 420/2011 Coll., Act No. 458/2011 Coll. and Act No. 165/2012
Coll., is hereby amended as follows:
1. In section 16 is at the end of the letter x) dot is replaced by a comma and the following
the letter y), which read:
"s) is in the territorial management of the concerned competent authority to issue a binding
the opinion on construction of electricity transmission system facilities, buildings
the transmission system gas equipment, construction equipment for storage
gas and electricity generating stations with buildings of a total installed electrical
the performance of 100 MW and more. ".
2. In paragraph 5 of section 67, including footnotes, no 24:
"(5) the Ministry is in cases in which grants authorization, the concerned
the authority competent to issue binding opinions in the placement and
the authorisation of the buildings according to special legal předpisu24).
24) Law No 183/2006 Coll. on territorial planning and building regulations
(the building Act), as amended. ".
PART OF THE TWELFTH
The amendment to the law on environmental impact assessment
Article. XVI
Act No 100/2001 Coll., on the assessment of the effects on the environment and on
changes to some related laws (Act on environmental impact assessment
the environment), as amended by Act No. 93/2004 Coll., Act No. 163/2006
Coll., Act No. 186/2006 Coll., the Act No. 216/2007 Coll., Act No. 124/2008
Coll., Act No. 223/2009 Coll., Act No. 227/2009 Coll., Act No. 436/2009
Coll., Act No. 38/2012 Coll., Act No. 85/2012 Coll. and Act No. 167/2012
Coll., is hereby amended as follows:
1. § 10i including title and footnotes no 4b and 4 d is added:
"§ 10i
Special provisions for environmental impact assessment, policy development and
territorial planning documentation on the environment
(1) when assessing the effects of the spatial development policy, territorial policy
development and zoning plan on the environment as
special legal předpisu4b). The provisions of section 20, section 21 (a). l) and section 22
(a). (e)) are not affected. The provisions of sections 2, 3, 10a, 10b, 10 g and 10 h,
shall apply mutatis mutandis and with that discovery proceedings and public consultation
the procedure under this Act does not. The submitter is the maker of the
spatial development policy, development policy or plan.
(2) the regulatory plan, which replaces the decision about the location of the intent of the [section 3
(a). and)], shall to this extent be assessed as intention under this Act,
subject to specific legal předpis4b) otherwise.
(3) Ministry or authority of the region in making policy
development, spatial development policy and planning provides more detailed
requirements for the content and scope of the evaluation of effects on the environment
including the design of the processing of possible variants. These requirements
processor evaluation of environmental impact assessment
take into account or give reasons for which not doing so. If the evaluation of the
the effects on the environment does not include the requirements of the Special
legal předpisu4d) is the Ministry or the authority of the County shall be entitled to
require its completion. When taking land-use plan lays down the authority of the
the region on the basis of the criteria set out in annex 8 to this Act
any requirement for the processing of the evaluation of the effects on the
environment.
(4) the Processor evaluation of effects on the environment can only be
the person entitled to it under section 19.
4B) Law No 183/2006 Coll. on territorial planning and building regulations
(the building Act), as amended.
4 d) § 19 paragraph. 2 Act No. 183/2006 Coll., as amended by law no 350/2012
SB. ".
2. In article 21 letter l) is added:
"l) issued an opinion on the assessment of the environmental effects of the implementation of the policy of the territorial
the development on the environment, the opinion on the assessment of the effects of the implementation
spatial development policy on the environment and the institution concerned is when
their procurement. ".
3. In section 22 of the letter e) is added:
"(e)) issued an opinion on the assessment of the effects of the implementation of the spatial plan of the
the environment and the authorities concerned in its acquisition. ".
PART THIRTEEN
The change of the Water Act
Article. XVII
Act No. 254/2001 Coll. on waters and on amendments to certain acts (the water
the law), as amended by Act No. 76/2002 Coll., Act No. 320/2002 Coll., Act
No. 274/2003 Coll., Act No. 20/2004 Coll., Act No. 413/2005 Coll., Act
No 444/2005 Coll., Act No. 186/2006 Coll., Act No. 222/2006 Coll., Act
No 342/2006 Coll., Act No. 25/2008 Coll., Act No. 181/2008 Coll., Act
No. 167/2008 Coll., Act No. 157/2009 Coll., Act No. 227/2009 Coll., Act
No 281/2009 Coll., Act No. 150/2010 Coll., Act No. 77/2011 Coll., Act
No 151/2011 Coll. and Act No. 85/2012 Coll., is hereby amended as follows:
1. In section 5 (3). 3, the second sentence shall be replaced by the phrase "Without meeting these
the conditions must not be allowed to change the structure of the building before its completion,
the use of the building nor the decision on additional construction or
the decision about the change in the use of construction. ".
2. In section 15(2). 9, the words "cannot allow in the shortened procedure under §
117 the building Act "are replaced by the words" are unsuitable for assessment
authorized inspector ".
3. In § 15a paragraph. 3 at the end of the text of the second sentence, the words "shall be added;
earthworks and terrain changes in natural waterways and on the channel.
land adjacent to them, which does not substantially alter the natural
troughs of water courses, do not require a building permit nor report ", and in the
the last sentence, the words "against the recovery ' shall be deleted.
4. In section 30, paragraph. 7, after the word "decision" shall be inserted the words "or
measures of a general nature ".
5. In section 38, paragraph. 5, after the words "population equivalent", the words
"the announced pursuant to § 15a".
6. In paragraph 7 of section 38, including the footnotes No. 50 to 52:
"(7) the direct discharge of wastewater into groundwater is prohibited.
Discharge of waste water not containing dangerous substances or defective
especially dangerous defective substance (section 39 (3)) of the individual buildings
for bydlení50), individual buildings for family rekreaci51) or from the
individual buildings providing accommodation služby52), emerging
largely as a product of human metabolism and the activities in the home
through the soil into groundwater layers, you can allow only exceptionally, on the
the basis of the representation of persons with professional způsobilostí8) for their impact on
groundwater quality, if it is not technically or with regard to the interests of the
protected by other legislation can be their discharge into the waters
surface water or into the sewer system for public use.
50 section 2 (b)). and Decree No 501)/2006 Coll., on the General requirements for the
the use of the territory.
51) section 2 (a). (b)) Decree No 501/2006 Sb.
section 2 (b), 52). (c)) Decree No 501/2006 Sb. ".
7. In article 104, the following shall be added at the end of paragraph 9, the phrase "Binding opinion
According to this provision shall be issued only if consent is not granted
under section 17. Curing is bound by its previous binding
the opinion. The downstream binding opinions can water management authorities in the
the same things apply only on the basis of the newly discovered and documented
the fact that previously could not be applied, and which substantially
changed the conditions under which the original binding opinion issued
or the facts resulting from the greater detail taken with documentation
or handouts for the decision or other Act of the administrative authority in the
the operations referred to in the first sentence, otherwise to them shall be disregarded. ".
8. In section 107, paragraph. 1 at the end of the text of the letter t) words ",
If curing sets in the permit conditions for the use of
harmful substances ".
9. In article 115, paragraph. 6, after the words "requests", the words ", with the exception of
construction proceedings under section 15 ".
10. In section 115, paragraph. 7, after the words "in accordance with this law,", the words
"with the exception of construction proceedings under section 15,".
Article. XVIII
The transitional provisions of the
The proceedings initiated before the date of entry into force of this law shall be completed
According to the existing legislation.
PART OF THE FOURTEENTH
Amendment of the Act on administrative fees
Article. XIX
The annex to the Act No 634/2004 Coll., on administrative fees, as amended by
Law No. 217/2005 Coll., Act No. 228/2005 Coll., Act No. 361/2005 Coll.
Act No 444/2005 Coll., Act No. 545/2005 Coll., Act No. 553/2005 Coll.
Act No. 48/2006 Coll., Act No. 56/2006 Coll., Act No. 57/2006 Coll.
Act No. 81/2006 Coll., Act No. 109/2006 Coll., Act No. 112/2006 Coll.
Act No 130/2006 Coll., Act No. 137/2006 Coll., Act No. 137/2006 Coll.,
Act No. 161/2006 Coll., Act No. 179/2006 Coll., Act No. 186/2006 Coll.
Act No 215/2006 Coll., Act No. 226/2006 Coll., Act No. 227/2006 Coll.
Act No. 235/2006 Coll., Act No. 309/2006 Coll., Act No. 575/2006 Coll.
Act No. 106/2007 Coll., the Act No. 261/2007 Coll., Act No. 269/2007 Coll.
Act No. 374/2007 Coll., Act No. 379/2007 Coll., Act No. 38/2008 Coll.,
Act No. 130/2008 Coll., Act No. 140/2008 Coll., Act No. 182/2008 Coll.,
Law No. 189/2008 Coll., Act No. 230/2008 Coll., Act No. 239/2008 Coll.,
Act No. 254/2008 Coll., Act No. 296/2008 Coll., Act No. 297/2008 Coll.,
Act No 301/2008 Coll., Act No. 309/2008 Coll., Act No 312/2008 Coll.,
Act No. 382/2008 Coll., Act No. 9/2009 Coll., Act No. 141/2009 Sb.
Act No. 197/2009 Coll., Act No. 206/2009 Coll., Act No. 227/2009 Sb.
Act No 281/2009 Coll., Act No. 291/2009 Coll., Act No. 301/2009 Sb.
Law No. 346/2009 Coll., Act No. 420/2009 Coll., Act No. 132/2010 Sb.
Act No. 148/2010 Coll., Act No. 153/2010 Coll., Act No. 160/2010 Sb.
Law No 343/2010 Coll., Act No. 427/2010 Coll., Act No. 30/2011 Sb.
Law No. 105/2011 Coll., Act No. 133/2011 Coll., Act No. 134/2011 Sb.
Act No. 152/2011 Coll., Act No. 188/2011 Coll., Act No. 245/2011 Sb.
Act No. 249/2011 Coll., Act No. 255/2011 Coll., Act No. 262/2011 Sb.
Act No. 300/2011 Coll., Act No. 308/2011 Coll., Act No. 329/2011 Sb.
Act No. 344/2011 Coll., Act No. 349/2011 Coll., Act No. 350/2011 Sb.
Act No. 357/2011 Coll., Act No. 367/2011 Coll., Act No. 375/2011 Sb.
Act No. 428/2011 Coll., Act No. 457/2011 Coll., Act No. 458/2011 Sb.
Act No. 472/2011 Coll., Act No. 19/2012 Coll., Act No. 37/2012 Sb.
Act No. 53/2012 Coll., Act No. 119/2012 Coll., Act No. 169/2012 and
Act No. 172/2012 Coll., is hereby amended as follows:
1. In part I, item 17, including footnotes, no. 14, 15 and 16:
"Item 17
1. the issue of the decision on the location of the building or facility or release
the decision to change the influence of the use of the building on území14)
and to build for the bydlení15)) with a maximum of 3 apartments or to build for
family rekreaci15 Czk 1 000)
(b)) for the construction of the bydlení15) with more than 3 bytes of 5 000 Czk
(c)) for the building, which fulfils a complementary function to the construction referred to
in subparagraph (a)), or (b)), with the exception of the construction of the garage Czk 500
(d)) for the construction of the garage but not more than 3 slots or terraced garages Czk 1 000
and $ 500 for the fourth
and each additional parking,
a maximum of Czk 5 000
(e)) for buildings that do not require building permits or notification
with the exception of public buildings and technical infrastructure or buildings,
that require reporting and are not referred to in subparagraph (a)), or (b)) EUR 1 000
(f)) for the construction of not listed in points (a) to (e))) EUR 20 000
(g)) for the construction of wells or water works intended for the cleaning of
waste water capacity 50 population equivalent of CZK 300
(h)) to the attention of the water works not referred to in point (g)) EUR 3 000
2. the issue of the decision on the change of land use
and) to 5 000 m2 area, including Eur 1 000
(b)) over 5 000 m2 area Czk 3 000
3. the issue of a decision on the Division or reparcelling Czk 1 000
4. the issue of the protection zone of Czk 2 000
5. the issue of the decision to allow exceptions to the General requirements
on the use of the territory of Czk 5 000
6. the issue of regulatory plan on the request of Czk 10 000
Notes
1. If the one planning or zoning approval or
public service contract between more buildings that are listed under
various letters of this entry, a fee in the amount of the sum of the rates
the fees set out in the individual (a) of this item.
2. For the issue of zoning decision in the simplified local management selects
the Administrative Office of the fee in the amount of half the rate of the fee.
3. For the issue of the territorial administrative authority selects the consent fee in the amount of
half the rate of the fee.
4. the conclusion of the public smlouvy16) selects the Administrative Office fee
the amount of half the rate of the fee.
5. the issue of changes to the zoning decision selects an administrative office fee
the amount of half the rate of the fee.
6. For the issue of a decision on the extension of the period of validity of the zoning
decision of the administrative authority selects the fee in the amount of half rate
the appropriate fee.
7. For the issue of a joint decision by the administrative code selects the administrative
Office fee amounting to the sum of the rates of the fees laid down in the relevant
the points of this item or this item and item 18.
8. For the conclusion of a common public location of the construction contracts and the
construction administrative Bureau selects a fee of the sum of the rates
the fees set for the conclusion of a public contract for the location of the
the construction and the conclusion of a public contract for the execution of the construction.
9. The administrative authority responsible for the collection of a fee under this item is
and the District Office within the meaning of § 16. 1 of the building Act.
14) Law No 183/2006 Coll. on territorial planning and building regulations
(the building Act), as amended.
15) section 2 of the Decree No 501/2006 Coll., on the General requirements for the use of
the territory, in the wording of later regulations.
16) section 78a of the Act No. 183/2006 Coll., as amended by law no 350/2012 Sb. ".
2. In part I, item 18:
"Item 18
1. the issue of a building permit
and to build for the bydlení15)) with a maximum of 3 apartments or to build for
family rekreaci15) Kč5 000
(b)) for the construction of the bydlení15) with more than 10 000 Czk 3 bytes
(c)) for the building, which fulfils a complementary function to the construction referred to
in subparagraph (a)), or (b)), with the exception of the construction of the garage Czk 500
(d)) for the construction of the garage but not more than 3 slots or terraced garages Czk1, 000
and $ 500 for the fourth
and each additional parking,
a maximum of Czk 5 000
(e)) for the construction of that announcement, necessitating the construction authority had decided by resolution,
the reported construction project will discuss in construction management Czk1, 000
(f)) for the construction of not listed in points (a) to (e))) $ 10 000
(g)) for the construction of wells or water works intended for the cleaning of
waste water capacity 50 population equivalent of CZK 300
(h)) to the attention of the water works not referred to in point (g)), Kč3, 000
2. the issue of the decision on the extension of the validity of the building permit Czk1, 000
3. the issue of consent with the reported building referred to in § 104 paragraph. 1
(a). and (e))) up to the building Act Czk1, 000
4. the issue of consent with the intention of building the advertised not listed in point 3 500 Czk
5. the issue of the decision to allow changes to the buildings before completing Czk1, 000
6. the issue of the consent to the change of the construction before completing 500 Czk
7. the issue of the decision to allow the use of construction Czk1, 000
8. the issue of the decision on the authorisation of the use of early buildings Czk1, 000
9. the issue of the decision on the permit test operation Czk1, 000
10. the issue of the decision to allow changes in the use of construction Czk1, 000
11. the issue of consent to a change in the use of construction of Czk 500
12. the issue of the decision to allow the removal of the construction of Czk 500
13. the issue of consent with the removal of the construction of Czk 500
14. the issue of the decision to permit exceptions from the General technical
requirements for the construction, or of the General technical requirements
on the barrier-free use of the buildings Kč5 000
15. verification of the documentation of the actual construction or
verification of simplified documentation of the actual implementation
construction (passport) $ 500
16. The adoption of the request for the appointment of an authorised Inspector Czk 10 000
17. Receipt of the application for the consent of the legal entity of the Ministry of
with the exercise of the activities of an authorized inspector Czk 10 000
Exemption
The fee is exempt from building permit to change construction
for housing due to the use of this distress while building citizen separately
severe disabilities, which were granted extraordinary benefits
II or III. degree (licence holder or the HANDICAPPED ZTP/P), if in the construction
for a living place of permanent residence.
The subject of the charge is not
Verification of the documentation of the actual implementation of the construction being due to that
is preserved without the fault of the owner of eg. the destruction in a fire, flood,
etc.
Notes
1. If one building permit or a public contract
permitted the implementation of more buildings, which are listed under different
the letters of this entry, a fee in the amount of the sum of the rates of the fees
laid down in the individual (a) of this item.
2. For the issue of a building permit to change the completed buildings listed in the
point 1 of this item selects the Administrative Office fee of half rate
the appropriate fee.
3. the conclusion of public service contracts for the construction of the Board selects the
Office fee amounting to half the rate of the fee.
4. For the issue of the additional construction selects the Administrative Office fee
in the amount of the sum of the rates of the fees laid down in the relevant sections of this
items and item 17.
5. For the issue of a joint decision by the administrative code selects the administrative
Office fee amounting to the sum of the rates of the fees laid down in the relevant
the points of this item or this item and item 17.
6. The administrative authority responsible for the collection of a fee under this item is
Special Building Authority within the meaning of § 15 paragraph. 1 of the building Act,
District Office within the meaning of § 16. 1 of the building Act and building
authorities within the meaning of § 16. 2 the building Act. ".
3. In part I, item 19, including footnotes, No 17:
"Item 19
The decision to release vyvlastnění17) Czk 5 000
17) Law No 184/2006 Coll., the withdrawal or restriction of ownership rights to
land or building (the law on expropriation). ".
4. In part I, item 20, including footnotes, No 18:
"Item 20
The local inquiry or inspection on the spot
and) for each hour in the working time of the Administrative Office of Czk 500
(b)) for each hour outside working hours in working days Czk 1 000
(c)) for each hour in the days of holidays Czk 2 000
Exemption
From the charge referred to in this item is exempt or local investigation
on-the-spot inspection carried out by the emergency mass events or
accidents, the local investigation or inspection to be carried out on the spot by the
special legal rules relating to the administration of taxes and fees,
the investigation carried out by the local cadastral authority according to a special legal
rules relating to the land register of the Czech republiky18).
The subject of the charge is not
1. Local investigation or inspection to be carried out on the spot in order to release
decision zpoplatňovaného under items 17 to 19, with the exception of
additional construction under section 129, paragraph. 2 the building Act and the
items 21 and 60.
2. Local investigation carried out in the kolaudačním proceedings in the buildings been
allowed for the effectiveness of Act No. 50/1976 Coll., on zoning and planning
building code (the building Act), as amended.
3. the inspection tour of the construction took place according to the schedule of verification visits
or inspection of the building when the notification of the intention to begin with the use of
construction or final inspection tour of the construction for the issue
of occupancy.
4. Local investigation or inspection carried out on site in order to comply
complaints, suggestions and announcements.
Notes
1. the fee referred to in this item selects the Administrative Office for the final
the inspection tour of the construction, if the request for release approval
consent submitted after the time limit for the completion of construction.
2. the fee under this item selects the Administrative Office for the local investigation
during the inspection, if the proposal for commissioning decision issue filed after
the time limit for the completion of construction.
3. the fee under this item selects the Administrative Office for control
inspection carried out in the exercise of special powers pursuant to § 132
paragraph. 2 and section 171 of the construction law.
4. the fee under this item selects the Administrative Office and a local investigation
or inspection on the spot, on the initiative of the interested party, which carried out the
Administrative Office to request an administrative hearing Office filing
party to the proceedings.
5. the fee referred to in this item shall be assessed an administrative office after their local
the investigation, examination or inspection tours.
18) section 7 of the Act No. 344/1992 Coll., on the land register of the Czech Republic
(Land Registry Act), as amended by law No. 89/1996 Coll. ".
PART FIFTEEN
The EFFECTIVENESS of the
Article. XX
This law shall enter into force on 1 January 2005. January 2013.
Němcová in r.
Klaus r.
Nečas in r.
