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Legal standing of neighbours in the procedures to grant planning permission
Jílková, Zuzana ; Svoboda, Petr (advisor) ; Millerová, Ivana (referee)
Legal standing of neighbours in the procedures to grant planning permission The Diploma Thesis Zuzana Jílková Abstract The Diploma Thesis entitled "Legal standing of neighbours in the procedures to grant planning permission" presents an analysis of the concept of the "neighbour" in the individual procedures to grant a planning permission under the Building Act, namely the planning permission proceedings, the summary planning permission proceedings, the planning consent issuance, the conclusion of a public contract and the regulatory plan issuance. Procedural rights of the neighbour are analysed in detail. The neighbour, in its capacity as an interested person, may actively use these rights and thereby influence the course and outcome of the proceedings. The thesis focuses primarily on the planning permission proceedings and objections which neighbours may raise against the construction project under the conditions set out in the Building Act. The aim of the thesis is to create an image of the neighbour by means of an analysis of the various procedures and to outline the problematic aspects of the current legislation regarding in particular the defence before the administrative courts in the simplified procedures. The utilized sources were legislation, literature, case law and official opinions of the...
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Environmental protection within specific proceedings pursuant the Building Act
Šimák, Filip ; Sobotka, Michal (referee)
Environmental protection within specific proceedings pursuant the Building Act Unrestrained construction activity damages natural resources and diverse environmental components in irreversible or in difficult-to-repair ways, thereby further thwarting thriving or even surviving of the World population. In the Czech legal system, the regulatory measures of administrative bodies, along with the participation of the affected stakeholders, contribute to the environmental protection of the individual development project. This dissertation examines the methods, means, and tools of environmental protection within the framework of designated proceedings regulating the construction. Specifically, it analyzes the possibilities of implementing protective environmental measures within the construction-permitting procedures enshrined in the provisions of Sections 103 to 117 of the Building Act. Five construction-permitting regimes are examined separately: the building permit process; notification; public law contract; notification with certificate of the authorized inspector and projects requiring neither building permit nor notification. If followed lawfully, each of the regimes allows the prospect applicant to commence a relevant construction project. Permitting procedures are significantly influenced by...
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Building law environmentalisation - status quo and perspectives
Židek, Dominik ; Sobotka, Michal (referee)
The dissertation deals with a phenomenon called building law environmentalisation. The aim of this thesis is to analyse the basic factors leading to the entry of environmental influences into the processes of public building law on the basis of legal regulations, doctrinal opinions and very extensive case law of the administrative courts. The main content of the thesis is the analysis of these factors and the subsequent generalisation of the conclusions of the analysed phenomenon. The thesis answers the question: what is the extent to which is the current public building law influenced by "environmental acts"? Thus what does specifically influence the processes of public building law by environmental law and what is the extent of this influence? The text of the dissertation is divided into seven chapters. The first three of them can be perceived as a gradually concretized general framework of the problem, from the initial facts about the EU legal requirements, through the basic characteristics of the building law to the detailed analysis of the individual administrative tools ("final" administrative acts) of building law. The next three chapters are devoted to the detailed examination of mechanisms for assessing and taking into consideration the interests of environmental protection in "decision-...
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Environmental protection within specific proceedings pursuant the Building Act
Šimák, Filip ; Sobotka, Michal (referee)
Environmental protection within specific proceedings pursuant the Building Act Unrestrained construction activity damages natural resources and diverse environmental components in irreversible or in difficult-to-repair ways, thereby further thwarting thriving or even surviving of the World population. In the Czech legal system, the regulatory measures of administrative bodies, along with the participation of the affected stakeholders, contribute to the environmental protection of the individual development project. This dissertation examines the methods, means, and tools of environmental protection within the framework of designated proceedings regulating the construction. Specifically, it analyzes the possibilities of implementing protective environmental measures within the construction-permitting procedures enshrined in the provisions of Sections 103 to 117 of the Building Act. Five construction-permitting regimes are examined separately: the building permit process; notification; public law contract; notification with certificate of the authorized inspector and projects requiring neither building permit nor notification. If followed lawfully, each of the regimes allows the prospect applicant to commence a relevant construction project. Permitting procedures are significantly influenced by...
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Environmental protection within specific proceedings pursuant the Building Act
Šimák, Filip ; Stejskal, Vojtěch (advisor) ; Pekárek, Milan (referee) ; Tomoszková, Veronika (referee)
Environmental protection within specific proceedings pursuant the Building Act Unrestrained construction activity damages natural resources and diverse environmental components in irreversible or in difficult-to-repair ways, thereby further thwarting thriving or even surviving of the World population. In the Czech legal system, the regulatory measures of administrative bodies, along with the participation of the affected stakeholders, contribute to the environmental protection of the individual development project. This dissertation examines the methods, means, and tools of environmental protection within the framework of designated proceedings regulating the construction. Specifically, it analyzes the possibilities of implementing protective environmental measures within the construction-permitting procedures enshrined in the provisions of Sections 103 to 117 of the Building Act. Five construction-permitting regimes are examined separately: the building permit process; notification; public law contract; notification with certificate of the authorized inspector and projects requiring neither building permit nor notification. If followed lawfully, each of the regimes allows the prospect applicant to commence a relevant construction project. Permitting procedures are significantly influenced by...
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Building law environmentalisation - status quo and perspectives
Židek, Dominik ; Sobotka, Michal (referee)
The dissertation deals with a phenomenon called building law environmentalisation. The aim of this thesis is to analyse the basic factors leading to the entry of environmental influences into the processes of public building law on the basis of legal regulations, doctrinal opinions and very extensive case law of the administrative courts. The main content of the thesis is the analysis of these factors and the subsequent generalisation of the conclusions of the analysed phenomenon. The thesis answers the question: what is the extent to which is the current public building law influenced by "environmental acts"? Thus what does specifically influence the processes of public building law by environmental law and what is the extent of this influence? The text of the dissertation is divided into seven chapters. The first three of them can be perceived as a gradually concretized general framework of the problem, from the initial facts about the EU legal requirements, through the basic characteristics of the building law to the detailed analysis of the individual administrative tools ("final" administrative acts) of building law. The next three chapters are devoted to the detailed examination of mechanisms for assessing and taking into consideration the interests of environmental protection in "decision-...
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Source Administrative Acts in Proceedings Relating to the Environment
Štekr, Pavel ; Žákovská, Karolina (advisor) ; Sobotka, Michal (referee)
1 Abstract This diploma thesis deals with source administrative acts, which serve as a means of protection of the relevant area of the environment. The term "source administrative act" as used herein denotes various types of acts issued by administrative bodies which are then used as the ground for the final decision in administrative proceedings. The thesis does not focus only on binding source administrative acts, but also on other source acts of lower legal force. The thesis includes a section on the special legal regulation of source acts used in administrative sanctions proceedings. The main source materials for the thesis are the following: legal regulation of this issue currently in force, literature, methodologies of administrative authorities, decisions of administrative courts and the author's own professional experience. The beginning of the work includes the contents and a list of abbreviations. The third chapter contains an introduction where the author presents the reason for choosing the topic of the work, i.e. the frequent use of source administrative acts in the environmental field of public administration and their influence on administrative proceedings. Other reasons for choosing this topic were varying degrees of binding effect and problematic nomenclature of these acts and the bodies...
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Operative diagnosis when assessing the state the family house
Novosad, Tomáš ; Balkanský, Ondřej (referee) ; Schmid, Pavel (advisor)
This bachelor's thesis deals with operative diagnosis when assessing the state of the terraced family house in Olomouc-Nedvězí. It describes executing of the technical construction research of the building. Due to the bad condition of the house it explores legal procedures of demolition in theory and their practical application. Findings of the diagnostics research serve as the basis for the preparation of the technical documentation for the purposes of building approval process to commence demolition.
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Legal status of neighbours in the procedures under the Building Act
Šanovec, Přemysl ; Svoboda, Petr (advisor) ; Rajchl, Jiří (referee)
The main aim of the thesis is to provide explanation of the legal status of the neighbours in the procedures under the Building Act while working with the contemporary literature and the established practice of the courts. The first part of the thesis is devoted to a description of basic concepts. The first chapter explains the concept of structure and plot. The second chapter is describing the concept of neighbour and the evolution of the concept in detail to provide the best means of understanding the possible problems of the concept's interpretations. The final chapter of the first part explores the means of neighbour's defence against interferences of his rights connected with his real estate with special attention to the essentials of objections, as these are the main mean of said defence, while the factual content of the objections is explained in later chapters within the boundaries of individual procedures. The second part is divided into four chapters each dedicated to a certain field of procedures under the Building Act while focusing the neighbour's point of view. The first chapter describes the application for a planning permission procedure and its alternatives: the public law contract, the simplified procedure and the planning consent. The second chapter follows on with the building...
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The building Act and the protection of archeological heritage
Gavláková, Barbora ; Staša, Josef (advisor) ; Svoboda, Petr (referee)
The aim of diploma thesis titled The Building Act and the protection of archeological heritage is the introduction of preservation of archeological sites related to contemporary building boom. Sources of law devoted to this topic are primarily the Building Act which regulates town and country planning as the instrument of preventive protection of archeological heritage and secondly the Preservation of Monuments Act that enshrines rights and duties of builders concerning to their activities due to the protection of archeological sites. Keywords Archeological heritage, Building Act, Preservation of Monuments Act, Town and country planning, Civic engineering
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