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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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Illegal construtions and their legal destiny
Krotil, Ondřej ; Staša, Josef (advisor) ; Handrlica, Jakub (referee)
The aim of this thesis named "So called black construction and their legal fate" is to provide a complex view on issues concerning black constructions in accordance with new trends in the Czech construction law. The new trends in the Czech construction law relates especially to the concept amendment of the Building Act made by Act No. 350/2012 Coll., on amendment of Planning and Building Regulation (Building Act), as amended. The further aim of this thesis is to trace the problematic issues concerning black constructions and try to suggest the solutions of these problematic issues de lege ferenda. The principle of a protection of an ownership is being compared against the principle of a public interest in the first chapter. These principles clash against each other in the issue and disputes related to black constructions. The following second chapter is dedicated to the definition of a construction in the legal manner. In the third chapter are being presented legal titles of a construction right. The next chapter deals with the process of the discharge and dissolution of a construction right and genesis of a black construction. The fifth part is dedicated to the definition of a black construction and the differentiation of the black construction from an illegal building in the manner of civil law...
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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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Prepared amendment of the building act
Kliková, Alena
Contribution is devoted to prepared changes to the Building Act No. 183/2006 Coll. The prepared changes should bring simplification and clarification of procedures for permitting and siting of buildings. The amendment to the Building Act should bring a number of changes that should be higher and should affect almost the whole Building Act. This contribution focuses only on some proposed changes and the changes in definitions, changes in the planning, construction permitting and the question of use of buildings.
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Amendment to the building act
Kliková, Alena
On 22nd October 2012, major recast of the Building Act was published in the legal collection under No. 350/2012 Coll. The law fundamentally changes number of procedures of building authorities and other stakeholders. This major recast of the act came into force on 1st January 2013 and includes changes that should bring simplification and clarification of various approaches to building placement and building permission. Changes of the Building Act are broad and cover almost the entire building law. Regarding the scale of the changes, this contribution focuses only on some of them that are related to changes of terms and definitions, and especially changes in spatial procedures. Marginally it mentions some changes within the building permitting, including building announcing.
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