INFORMAČNÍ PORTÁL - STAVEBNÍ VÝROBKY

(updated – 6/2025)

Note: Texts of some acts listed below are only in Czech language.

1 The new Building Act No. 283/2021 Coll.

2. Implementing regulations to the new Building Act

3 Draft Act on the Administration of Building Information, Building and Built Environment Information Models and on Amendments to Certain Acts

1.    The new Building Act No. 283/2021 Coll.

The new Building Act  No. 283/2021Coll. (as amended, including amendment) comes into force on 1 January 2024 for so-called reserved buildings (infrastructure buildings such as motorways). For other than reserved constructions, it takes effect from 1 July 2024. The amendment by the latest Act 465/2023 Sb., which also amends the Linear Act, takes effect on 1 January 2027). This act is followed by Act No. 284/2021 Coll.. amending certain laws in connection with the adoption of the Building Act. Act No. 183/2006 Coll. is repealed as of 1 January 2024.

Main changes compared to the previous legislation (see also website MMR for details):

-       The construction procedure will be conducted digitally for all participants via the Builder's Portal and other information systems. However, the builder will still be able to submit selected documents in paper form.

-       The construction will now be assessed both in terms of its location and its permit in a single procedure.

-       The new Building Act provides for specific time limits for the issuance of planning permission. For example, for so-called simple buildings, the permit will be issued within 30 days from the date of application. For other constructions, the building authority will have to assess the permit within 60 days from the date of application. The building authority will be able to extend the deadline, but in both cases only by 60 days.

-       If the builder fails to submit binding opinions of the authorities concerned, the building authority will request them itself, without asking the builder to provide them or stopping the building procedure.

-       The principle of appeal is introduced in the assessment of appeals against decisions of the building authority. If the building authority does not uphold an appeal against its decision, the appeal will be considered by the superior building authority. The file will no longer be returned to the first instance building authority.

-       The builder will be able to ask the building authority for preliminary information, in particular on the aspects according to which the building authority will assess the application for a planning permission decision and under which conditions the application can be granted.

-       The new Act 148/2023 Sb.on the Single Environmental Opinion, which is under the responsibility of the Ministry of the Environment, introduces the Single Environmental Opinion (SEA), which will be issued as a binding opinion. The JES replaces binding environmental opinions and decisions issued so far under nine different laws (e.g. the Nature and Landscape Protection Act, the Forest Act, the Water Act, the Air Protection Act, etc.).Act No 149/2023 Sb. amending certain acts in connection with the adoption of the Uniform Environmental Opinion Act

2.    Implementing regulations to the new Building Act

To the new Building Act (NSZ) No. 283/2021 Coll., the Ministry of Regional Development has now the following related regulations:

·        227/2024 Sb Decree on the scope and content of project documentation for transport infrastructure constructions;

·        190/2024 Coll Decree on the details of operation of certain information systems of the building administration;

·        157/2024 Coll. Decree on spatial analytical documents, spatial planning documentation and uniform standard;

·        149/2024 Coll. Decree on the implementation of certain provisions of the Building Act;

·        146/2024 Coll. Decree on construction requirements - a new list of designated standards for Decree 146/2024 was published in the Bulletin ÚNMZ 10/2024, which has now been placed on the website of ÚNMZ and will also be updated there monthly;

·        131/2024 Coll. Decree on documentation of buildings;

·        130/2024 Coll. Decree establishing municipal building authorities.

3.    Draft Act on the Administration of Building Information, Building and Built Environment Information Models and on Amendments to Certain Acts

The purpose of the draft law (in the comments procedure until 6 June 2024) is to create an information base for the economical and efficient management of construction and the management and development of the built environment. The management of a building is understood as the preparation, implementation, maintenance, use, alteration and removal of the building. In this sense, it is necessary to establish uniform standards and procedures for the development of the building information model and the built environment information model. In this way, controlled access to up-to-date information on buildings and the built environment, which can be used effectively in real time, will be guaranteed. The proposed solution will have an impact both on efficiency in construction, efficient management and maintenance of buildings and infrastructure, and on the rational development of the built environment.

To this end, the draft law defines the rights and obligations of the various entities in the management of building and built environment information. In doing so, the Bill will be divided into 2 main parts in addition to introductory and enabling and transitional provisions. The first concerns the information model of the building and the second the information model of the built environment.

Archive

1 Building Act No. 183/2006 Coll.

2 Decree No. 268/2009 Coll.,on the technical requirements for buildings

3 Prague building regulations

4 Decree No. 499/2006 Coll., on construction documentation

5 Decree No. 398/2009 Coll., on general technical requirements to secure barrier-free usage of buildings

6 Decree of the Ministry of Agriculture No. 433/2001 Coll., on technical requirements of forestry structures

1.    Building Act No. 183/2006 Coll.

The related code is the Act No. 183/2006 Coll., on town and country planning and building code (Building Act) (as amended)

-    This Act governs, in the matters of town and country planning, particularly the objectives and tasks of town and country planning, the system of authorities of town and country planning, the town and country planning instruments, the assessment of the impacts on area sustainable development, decision making within the area, possibilities of consolidation of procedures pursuant to this Act with procedures of the environmental impact assessment, conditions for construction, land development and for preparation of the public infrastructure, records of planning activity and qualification requirements for planning activity.

-    This Act governs, in the matters of the building code, particularly the permission of buildings and their alterations, landscaping and facilities, use and removal of structures, supervision and special powers of building offices, position and authorisation of the authorized inspectors, system of building offices, duties and responsibilities of persons within the preparation and realization of structures.

-    Furthermore the Act governs the conditions for the design activity and the structures realizations, general conditions for construction, purpose of expropriation, entry to the grounds and into the structures, protection of public priorities and some other issues related to the subject-matter of this legislation.

§ 156 provides basic requirements for construction products:

Requirements for construction works

(1) For the structure, there may be designed and applied only products, materials, and constructions with properties ensuring, in terms of the structure ability for the designed purpose, that the structure at a correct realization and standard maintenance for the period of the expected existence fulfils the requirements for mechanical resistance and stability, fire safety, hygiene, protection of health and environment, safety at maintenance and utilizing the structure including the barrierless use of the structure, noise protection and energy savings and thermal insulation.

(2) The products for construction, which have material importance for the resulting quality of the structure and which represent the increased rate of endangering of the justifiable priorities, are determined and assessed pursuant to special regulations.

Act No. 183/2006 Coll., required revision of further legal regulation which govern construction process – see Act No. 186/2006 Coll. on Amendment to Some Acts Related with Passing the Building Act and Act on Expropriation.

Ministry of Regional Development CZ published following secondary legislation relating to the Building Act:

·         Decree No. 498/2006 Coll., on Authorised Inspectors;

·         Decree No. 499/2006 Coll., on Construction Documentation (as amended);

·         Decree No. 500/2006 Coll. on Planning Analytical Materials, Urban Planning Documentation and the Method ofRrecording Urban Planning Activity (as amended);

·         Decree No. 501/2006 Coll., on General Land Use Requirements (as amended);

·         Decree No. 503/2006 Coll., on More Detailed Arrangement of Planning Permission Proceedings, Public Law Contract and Planning Measure (as amended);

·         Decree No. 146/2008 Coll., on the Scope and Content of Design Documentation for Transport Construction;

·         Decree No. 268/2009 Coll., (english draft from TRIS), on the Technical Requirements for Buildings (as amended), more details - see chapter 2;

·         Decree No. 398/2009 Coll., on General Technical Requirements to Secure Barrier-free Usage of Buildings;

·         Decree No. 239/2017 Coll., on technical requirements of forestry structures.

For the structure, there may be designed and applied only products, materials, and constructions with properties ensuring, in terms of the structure ability for the designed purpose, that the structure at a correct realization and standard maintenance for the period of the expected existence fulfils the requirements for mechanical resistance and stability, fire safety, hygiene, protection of health and environment, safety at maintenance and utilizing the structure including the barrierless use of the structure, noise protection and energy savi ngs and thermal insulation.

The products for construction, which have material importance for the resulting quality of the structure and which represent the increased rate of endangering of the justifiable priorities, are determined and assessed pursuant to special regulations:

·    Act No. 22/1997 Coll. (as amended, English text without all ammendmend) onTechnical Requirements for Products and on Alteration and Supplement of Certain Acts, as amended by subsequent regulations,

·    Government Decree No. 163/2002 Coll. (as amended, English text without all ammendmend), that lays down Technical Requirements for Selected Construction products,

Technical requirements for construction works in particular their design and realization provided currently by the Decree No. 268/2009 Coll., on the technical requirements for buildings (as amended) (more details - see chapter 2)

Government Decree No. 163/2002 Coll. (as amended, English text without all ammendmend) sets out the national arrangements in the field of assessment of construction products, the basic principles of which are based on Directive 89/106/EEC on construction products. The Government Decree relates to those construction products for which no harmonised technical specifications in the sense of Directive 89/106/EEC on construction products have yet been issued. Annex 2 of the Government Decree stipulates groups of construction products and determines the procedures for assessing conformity with the basic requirements. In view of the fact that conformity assessment in accordance with the Government Decree takes place prior to the marketing of products on the EU/EEA market, this Government Decree does not apply to products which are marketed on the EU market in accordance with the national legislation of the various EU/EEA Member States (see the mutual recognition clause in Section 13b of Act No. 22/1997 Coll., (as amended, English text without all ammendmend).

As regards obligations of authorised body it is important to differentiate between Act No. 183/2006 Coll., on town and country planning and building code (Building Act) and Act No. 360/1992 Coll., on professional practice of certified architects and on the professional practice of certified engineers and technicians active in construction as amended (the Authorisation Act) and Act No. 163/2002 Coll. (as amended, English text without all ammendmend), on technical requirements for products and on alteration and supplement of certain acts, as amended by subsequent regulations.

That means the authorised body referred to in Act No 163/2002 Coll. (as amended, English text without all ammendmend) shall carry out the assessment for construction products in compliance with Government decree No. 163/2002 Coll. (as amended, English text without all ammendmend), (the conformity assessment with stipulated standards for this decree or the issue of technical construction certificates).

The documents on the applied conformity assessment procedure under Article 13(7) of Act No. 22/1997 Coll., (as amended, English text without all ammendmend). include technical documentation and the documents worked out in the assessment conformity. The producer or importer is obliged to submit to the surveillance body, to the extent laid down in Government Orders, upon request, at any time within up to 10 (ten) years from the termination of the production, import or placing on the market the documents on conformity assessment. This period may be laid down by a Government Order differently.

A product manufactured in another Member State of the European Union or another state forming part of the European Economic Area shall be considered in individual cases as meeting the requirements of the Decree No. 163/2002 Coll. (as amended, English text without all ammendmend), providing it satisfies the tests and determinations carried out by a subject in the manufacturer’s state which is approved pursuant to the legislation of the European Communities in accordance with methods valid in the Czech Republic or recognised as equivalent to them.

This Government Decree No163/2002 Coll. (as amended, English text without all ammendmend), may be used for the purposes of verifying the properties of a product, as laid down for usage in construction by special legislation (Act No. 183/2006 Coll.,).

Except in the cases laid down in the Regulation CPR, the placing on the market of a construction product which is covered by a harmonised standard or for which a European Technical Assessment has been issued should be accompanied by a Declaration of Performance in relation to the essential characteristics of the construction product in accordance with the relevant harmonised technical specifications. Where applicable, the Declaration of Performance should be accompanied by information on the content of hazardous substances in the construction product in order to improve the possibilities for sustainable construction and to facilitate the development of environment-friendly products. Manufacturers shall draw up a Declaration of Performance in accordance with the Regulation CPR.

Following the directly applicable regulation of the European Union on construction products Act No. 22/1997 Coll. (as amended, English text without all ammendmend) furthermore lays down the exercise of state administration in connection with placing and making available on the market of construction products defined by the directly applicable regulation on construction products (“construction products bearing the CE marking”) including the market surveillance on the compliance with the obligations laid down by directly applicable regulation on construction products and the sanctions for their infringement.

For construction products bearing the CE marking, the placing and making available on the market is laid down by directly applicable regulation on construction products: Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93.

If the surveillance body reasonable doubt that the construction product bearing the CE marking fails to meet requirements laid down by the directly applicable regulation on construction products, may ask the concerned Notified Body for information and documents relevant to conformity assessment and verification of constancy of performance of this product, including the issued certificate, technical documentation and test reports.

If the construction product bearing the CE marking is placed or made available on the market of the Czech Republic the Declaration of Performance provided to this product and the instructions and safety information affixed to this product shall be in the Czech language.

2.    Decree No. 268/2009 Coll.,on the technical requirements for buildings

Decree No. 268/2009 Coll., on the technical requirements for buildings (as amended) defines particular types of structures, determines area technical requirements for structures and their location, general safety and utility requirements for structures (fire security, healthcare, environmental protection,….) shall be respected when making and procuring the planning documentation and planning materials, designing, locating, permitting or notifying, carrying out, inspecting, using and removing the structures and when exercising the state building supervision.

Decree No. 268/2009 Coll. provides the technical requirements for construction falling within the scope of the general construction authorities. Decree No. 268/2009 Coll. lays down general requirements on the protection of the health of persons and animals, healthy living conditions and the environment. Buildings must be designed and constructed so as not to jeopardise the life or health of people or animals, the safety or healthy living conditions of its users or users of the surrounding buildings, or the environment over the limits contained in other legislation, in particular:

·    releasing substances that are harmful to the health and lives of humans, animals and plants;

·    the presence of harmful particles in the air;

·    releasing emissions of harmful radiation, in particular ionising radiation;

·    adverse effects of electromagnetic radiation;

·    pollution of the air and surface and underground water and soil;

·    inadequate disposal of waste water and smoke;

·    unsuitable handling of waste;

·    the appearance of dampness in building structures or on building structure surfaces inside buildings;

·    lack of thermal insulation and sound-proofing properties depending on the nature of occupied rooms;

·    unsuitable lighting properties.

Buildings for which the project documentation was drawn up before the effectiveness of this Regulation shall be treated in accordance with existing legislation.

The building must be designed and constructed so that, while being economical, it is suitable for its intended use and at the same time meets the basic requirements, which are:

·    mechanical resistance and stability,

·    fire safety,

·    protection of the health of persons and animals, healthy living conditions and the environment,

·    protection against noise,

·    safety in use,

·    energy savings and heat retention.

Buildings and their elements must be designed and constructed in accordance with normative values such that throughout its planned life, the building serves the desired purpose and resists all effects of stress and the adverse effects of the environment, even under predictable but extraordinary stress that can arise during the construction and use of the buildings.

List of CSN contains standard values used in the various provisions of the Decree 268/2009 Coll. (updated 2013).

Products, materials and structures designed and used for the building must ensure that the building meets the abovementioned requirements.

Requirements on the construction of buildings mentioned in this degree are therefore need to be considered in relation to the requirements of construction products for their intended use.

3.    Prague building regulations

In the capital city of Prague now apply Regulation no. 10/2016 Sb. laying down general requirements for land use and technical requirements for buildings in Prague (Prague building regulations).

The list of designated CSN to Regulation No. 10/2016 city of Prague

4.    Decree No. 499/2006 Coll., on construction documentation

Decree No. 499/2006 Coll., on construction documentation (as amended) refers to project documentation for registering a structure, for the building-permit application and for notification of the structure in abbreviated construction proceedings and, furthermore, documentation for implementation of the structure on the basis of a land-use ruling, documentation of the actual configuration of the structure and documentation of demolition works.

5.    Decree No. 398/2009 Coll., on general technical requirements to secure barrier-free usage of buildings

The barrier free environment designing is governed by the Decree No. 398/2009 Coll., on general technical requirements to secure barrier-free usage of buildings. The Decree No. 398/2009 Coll. is one of the decrees of Building Act, and covers new transport buildings/constructions, as well as reconstructions. This Decree specifies layout of all buildings in such a way that they become suitable for self-reliant and safe motion of handicapped people (category includes persons with physical-, sight-, hearing- or mental disability, elderly, pregnant women, persons accompanying child in a coach or child younger than three years of age).

The general technical requirements ensuring barrier-free use of buildings:

The access to all spaces intended to be used by the general public must be ensured via horizontal communications, staircases and concurrently designed barrier-free ramps or lifts. As far as any changes to the already finished buildings and their access points solely to the entrance-level floor are concerned, it is possible to use an elevated platform in justified cases. The requirements posed on the technical solutions are listed in the Annex No. 1 and the Annex No. 3 to the Decree No. 398/2009 Coll.. As far as any changes are concerned to the already finished buildings with at least two floors that are not equipped with a lift or a barrier-free ramp, and neither a lift nor a barrier-free ramp can be provided additionally for technical reasons, at least a barrier-free usage of the entrance-level floor must be ensured. As concerns the public administrative buildings, this floor has to allow for the usage of all services provided inside the building. Inside the buildings with a lift intended for the transportation of persons or of persons and cargos, the persons with an impaired ability of motion or orientation must be allowed to access all floors intended to be used by the general public.

These especial requirements must be reflected in prepared documantation of planning consent, designing, approval, notification, and acceptance certificate.

Specified products for persons with reduced movement and orientation capabilities (see item 12/3 Decree No. 163/2002 Coll. (as amended, English text without all ammendmend):

·    handrails;

·    tip-up seats for shower cubicles;

·    lifting equipment for moving persons;

·    paving blocs and slabs designed to be detected by the vision - impaired persons;

·    landmark beacons producing audible signal for the vision - impaired persons.

Procedure of the conformity assessment is according to §7 Government Decree No163/2002 Coll. (as amended, English text without all ammendmend), technical documentation for these specified products must be an integral part of requirements according to the Decree No. 398/2009 Coll.

List of CSN contains standard values used in the various provisions of the Decree 398/2009 Coll. (updated 2013).

6.    Decree of the Ministry of Agriculture No. 239/2017 Coll., on technical requirements of forestry structures

New Decree of the Ministry of Agriculture No. 239/2017 Coll. (replaced from 1. 1. 2018 No.433/2001 Coll.), on technical requirements of forestry structures, specifying the technical requirements for building structures for the fulfilment of forest functions.